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TERMS & CONDITIONS

Welcome to Biharan.com. By accessing or using our website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree with any part of these terms, please do not use our website.

 

Please read the following terms and conditions carefully before using any of our services. Any use of our site is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By subscribing to or using any of our services, you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

 

In these Terms, references to "you", "user" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third-party service providers, and "we", "us", “our”, and “Biharan.com” shall mean Biharan.com and its affiliates.

 

Biharan.com ("Website") is an Internet-based content and e-commerce portal. Biharan.com is an online community that provides users with a platform to sell handmade art, printed posters, traditional crafts, rakhis, and other handmade gifts, especially during seasons. We understand and respect a user's anonymity and do not ever request that a user reveal their identity without their explicit permission.

 

Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Website from time to time. Biharan.com at its sole discretion reserves the right not to accept a user from registering on the Website without assigning any reason thereof.

 

1. User Eligibility

Use of the Site is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or of unsound mind are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and shall not sell, purchase or bid for any items on the Site. As a minor, if you wish to purchase or sell an item on the Site your legal guardian or parents who have registered as users of the Site may make such a purchase or sale. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

 

2. User Account, Password, and Security

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Biharan.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Biharan.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

3. Privacy Policy

The user hereby consents, expresses, and agrees that she/he has read and fully understands the Privacy Policy of Biharan.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to her/him.

 

4. Limited User

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Biharan.com's name is stated as the source and prior written permission of Biharan.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website is not permitted.

 

5. User Warranty and Representation

The user guarantees, warrants, and certifies that ownership of the content submitted or otherwise statutes authority to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Services rendered by Biharan.com.

 

6. Intellectual Property Rights

a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Biharan.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Biharan.com without obtaining authorization from Biharan.com.

 

b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit, or store when making use of our various Services. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on the Website for public viewing and reproduction/use of your content by third-party users, you accept the user whereby you grant a non-exclusive license for the use of the same.

 

7. Links To Third Party Sites

Due to social media integration, the Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Biharan.com, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Biharan.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Biharan.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

8. Disclaimer Of Warranties/Limitation Of Liability

Biharan.com endeavors to ensure that all the information on the Website is correct, but Biharan.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, Product, or Service. In no event shall Biharan.com be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages or losses resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, loss through logistics, data, or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Biharan.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability, or otherwise. Further, Biharan.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Biharan.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

 

9. Indemnification

9.1. In addition to any other indemnification obligation of the Seller in this Agreement, the Seller shall indemnify and hold harmless Biharan.com, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any Claim incurred by reason of (i) any breach or alleged breach by the Seller of this Agreement; (ii) any violation by the Seller of Applicable Law or Consents or Seller not obtaining any Consent; (iii) any breach by the Seller of any Policies or any other


 

10. Acceptance of Terms

By using Biharan.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. We reserve the right to modify these terms at any time, and it is your responsibility to review them periodically. Your continued use of the website after any changes signifies your acceptance of the new terms.

 

11. Use of the Website

You agree to use Biharan.com for lawful purposes only and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.

 

12. Intellectual Property

All content, including text, graphics, logos, images, and software, on Biharan.com is the property of Biharan.com or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, or create derivative works from any content without our express written permission.

 

13. User-Generated Content

By submitting content to Biharan.com, including comments, reviews, and other contributions, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display such content. You are solely responsible for your submissions and agree not to post content that is illegal, defamatory, or infringing on any third party's rights.

 

14. Privacy Policy

Your use of Biharan.com is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our website, you consent to the practices described in our Privacy Policy.

 

15. Disclaimer of Warranties

Biharan.com is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation or availability of the website, or the accuracy, reliability, or completeness of any content provided.

 

16. Limitation of Liability

To the fullest extent permitted by law, Biharan.com, its affiliates, and their respective directors, officers, employees, and agents will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or these terms.

 

17. Indemnification

You agree to indemnify and hold Biharan.com and its affiliates harmless from any claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of your use of the website, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any person or entity.

 

18. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for the resolution of any disputes.

 

19. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

 

Biharan.com

Email: support@biharan.com

Address: 5171 Creations G-68, Sector 6, Noida, Uttar Pradesh 201301

 

20. Termination

We reserve the right to terminate or suspend your access to Biharan.com at our sole discretion, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of the website or us, or for any other reason.

 

21. Entire Agreement

These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and Biharan.com regarding your use of the website and supersede any prior agreements or understandings, whether written or oral.

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