Terms and Conditions
- 1. Acceptance of TermsWelcome to Bidyava ("Service" or "App") owned and operated by Bidyava Solutions Limited. By clicking on the account registration page/payment page/submission page or using the App in any way, you are agreeing to comply with and be bound by the submission or agreement, the Privacy Policy and all rules, policies and disclaimers posted on the Website or App or about which you are notified. Your agreement shown by accessing and using this App is legally binding. If you do not agree to all these terms and conditions, do not access the App.
If you are an individual entering into this Contract on behalf of an establishment or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to enter into this Contract, or you do not have the legal capacity to enter into this Agreement, you may not enter into the Agreement or use the Service.
By registering on Bidyava App or by joining a course and package at Bidyava, you authorize the company to use your name, and other information in promotions to showcase you as a user of the service. - 2. DefinitionsIn the Terms, "User," "you" and "your" refer to the individual or entity that creates a Bidyava account as a Customer and/or Expert and/or tutor. "Bidyava," "we," "us" and "our" refer to Bidyava. "Customer" refers to the person who asks a question on the android App, Bidyava App, Mobile App, or App. "Expert/Tutor" refers to the person who answers a question on the App. They both are marginally different but both use App resources. “Moderator and/or Manager” refers to the person moderating user posts and all transactions taking place.
- 3. Right to Amend TermsWhen you visit Bidyava or send us mobile number, e-mails, you are communicating with us through electronic media. You consent to receive communications from us electronically. We will communicate with you by mobile number, e-mails or chats or pop-ups, by posting notices anywhere on Bidyava App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Bidyava account profile, mobile number, your current and active email address. If the account has been terminated by you or us or you file a request to change your mobile number, email address, the claims on all past interactions with us on the previous mobile number, email address will be invalid and will be treated as User not subjected to Bidyava.
If you do not accept the changes, your sole and exclusive remedy is to discontinue using the App. Bidyava reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or prices with or without notice. You agree that Bidyava shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this App constitutes your agreement to all those terms and conditions. - 4. Explanation of ServiceThe Service consists of the provision by Bidyava Solutions Limited to you of access to the Bidyava App, which provides tools to you that will enable you to view online content (in the form of text, images, video, flash), take online tests, discussion forms, free demos, exams solutions, past year papers connect with other members, participate in online discussions, create online communities pertaining to specific topics, create lessons (comprised of text, images, video, flash), create tests, create and administer online educational course and package(s), create and administer synchronous online tutoring, offer course and packages and online tutoring services for sale via, and purchase goods and services offered by parties other than Bidyava (“Third Parties”) in, an online marketplace. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service.
The Bidyava App is a venue for informational and educational purposes to allow Customers/Students to study and ask questions and Experts to answer them. The Experts determine which questions to answer; Experts are not employees or agents of but are, like Customers, simply Users of the App. The study material on App is a direct property of Bidyava. The content study material under any package, course, page of App may or may not reflect a similarity from any other resource and package.
Notwithstanding the foregoing, Bidyava reserves the right, but is not obligated, to refuse to post or to remove any content. Any particular post (though closely moderated) falling under human rights violation, treated as insecure content, porn content, abusive, illegal, unauthorized, emotional, sensitive, communal, hatred, defaming someone will be treated as an instance of happening and will be removed on immediate request without any information to the troll/user/expert. - 5. RegistrationYou agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the App (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Bidyava, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete or Bidyava have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bidyava has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy. You agree to immediately notify Bidyava of any unauthorized uses of the account or any other breaches of security. Bidyava cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
All usernames and passwords remain the property of Bidyava and may be canceled, changed or suspended at any time by Bidyava without notice. Bidyava is not under any obligation to verify the actual identity or authority of the user of any user name or password. - 6. Content and LicenseAll content on the App and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, sound and other files, and their selection and arrangement (the “App Content”), is the property of Bidyava, its users or its licensors, with all rights reserved. No App Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Bidyava prior written permission, except that (i) the foregoing does not apply to your own User Content (as defined below) that you legally post on the App, and (ii) any App Content provided by Third Parties for sale or license through the App (“Third Party Content”) is subject to the terms and conditions established by those Third Parties from time to time, as described on the App (“Third Party License Terms”).
Provided that you are eligible for use of the App, you are granted, solely for your personal, non-commercial use, a limited license to access and use, and to download or print a copy of, any portion of the App Content, other than Third Party Content, to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods.
Your rights to use Third Party Content are as described in the applicable Third-Party License Terms. Any use of the App or the App Content other than as specifically authorized herein, without the prior written permission of Bidyava the applicable Third Party, as the case may be, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time without notice and with or without cause. - 7. TrademarksBidyava graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Bidyava. Trademarks and trade dress used by Third Parties in association with the sale or license of their goods or services on the App are the property of the respective owner. Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
- 8. Content and Conduct Rules and ObligationsYou are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the App, or transmit to or share with other users of the Service or the App, including Third Party Content (collectively the “User Content”). You may not post, transmit, or share on the App or Service User Content that you did not create or that you do not have permission to post. You understand and agree that Bidyava may, but is not obligated to, review the App and may delete or remove (without notice) any App Content in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of Bidyava, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. Under no circumstances will Bidyava liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service.
- 9. You agree that you will not:
Upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm others in any way in your use of the Service;
Impersonate any person or entity, including, but not limited to, a Bidyava official, discussion forum, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
Upload, post or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
Upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as
- Sending mass email to recipients who haven’t requested email from you or with a fake return address,
- Promoting an App with inappropriate links, titles, descriptions, or
- Promoting your App by posting multiple submissions in public forums that are identical;
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law;
“stalk” or otherwise harass another;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
Offer for sale, sell or otherwise make available through the Service any User Content
- That violates any foreign or local law or regulation,
- For which you do not have full power and authority to distribute, including all necessary licenses and authorizations, or
- That Bidyava determines, in its sole discretion, is inappropriate for distribution through the Service; or
Exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons.
You understand that by using the Service, you may be exposed to App Content that you consider being offensive, indecent or objectionable. You acknowledge that Bidyava does not pre-screen User Content. You agree that you must evaluate, and bear all risks associated with, the use of any App Content, including any reliance on the accuracy, completeness, or usefulness of App Content.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the App or provide to Bidyava. When you post User Content to the App, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the App.
- 10. ComplaintsBidyava respects the intellectual property and other rights of others and these Terms of Use prohibit users from uploading, posting or otherwise transmitting on the App or through the Service any materials that violate another party’s intellectual property and other rights. Bidyava is not responsible for the conduct of its users, and has no responsibility or liability for User Content. When we receive properly documented complaints about User Content such complaints are forwarded to the applicable user for the user’s action. Bidyava is not responsible for any user’s action or inaction as a result of any such notification. If you believe that any material on the App infringes upon your intellectual property or other rights you may notify us at info@bidyava.com
- 11. ServicesBidyava may from time to time offer goods and services through the App, and may offer you or other Third Parties the ability to offer goods and services for sale to Third Parties through the App. All transactions conducted in connection with this aspect of the Service are subject to and governed by such guidelines as Bidyava posts from time to time (the “Guidelines”) as well as this Agreement. The Guidelines are subject to change without prior notice at any time, in Bidyava sole discretion, so you should review the Guidelines each time you use this aspect of the Service.
You are solely responsible for your interactions with other users of the Service. Parties to transactions with Third Parties (a “Third Party Transaction”) are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into with Third Parties through the Service. You acknowledge that Bidyava, and its subsidiaries, affiliates, officers, directors, shareholders, agents, licensors, suppliers, co-branders or other partners, employees, successors and assigns (the “Bidyava Parties”) are not responsible or liable for any action or inaction of any Third Party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of a Third-Party Transaction. The capability to conduct Third Party Transactions or otherwise deal with Third Parties through the Service is provided by Bidyava “as is” and any such transactions and dealings are at your own risk. You agree that you are solely responsible for establishing Third Party License Terms for any Third-Party Content provided by you to the App, and that Bidyava has no responsibility or liability for any breach by Third Parties of such Third-Party License Terms, and that you are solely responsible therefore.
Any fees or payments collected by Bidyava applicable to any such transactions are set forth on the App, and all terms and conditions applicable to such fees are set forth in this Agreement. However, please note that your purchases of products or services from Third Parties through the Service are subject to the terms of sale of those Third Parties, as those transactions are strictly between you and the other party to the transaction. - 12. Fees, Terms and Termination, Refund Policy
Bidyava may from time-to-time charge fees for the use of the Service. Our fees, if any, are available on the App. Unless otherwise stated, all of our fees are quoted in Tk/Taka. You are responsible for paying all fees associated with the use of the Service through your account, and for all applicable taxes.
The purchases are entities selected by you, any modification and wrong purchase are your sole responsibility.
All payments for fees and prices charged by Bidyava are collected using bKash, Nagad, Rocket, EBS (Electronic Banking Service).This Agreement commences when created and continues until terminated by Bidyava. Bidyava reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason.
Bidyava aims for end user satisfaction. We are strict to the complete course and packages, test series, online study material, Daily Practice papers, books and for that we will not refund but entertain your queries so that the correct solution, classes, mock papers, books, daily practice papers is provided to you. Any further clarification will not be entertained. If you do not accept an answer and are not satisfied with your experience on Bidyava for any reason, then as your sole remedy you may ask your question on Bidyava here at info@bidyava.com or by calling Customer Service (available 24 hours a day, 7 days a week) at 01322-612020. Please make sure you have viewed the most up-to-date responses to your queries.
Bidyava may terminate this Agreement and your account, delete your profile and any App Content or information that you have posted on the App or and/or prohibit you from using or accessing the Service or the App (or any portion, aspect or feature of the Service or the App) for any reason, or no reason, at any time in its sole discretion, with or without notice.
- 13. LinksThe Service may provide links to other World Wide Web Apps or resources. Because Bidyava has no control over such Apps and resources, you acknowledge and agree that Bidyava is not responsible for the availability of such external Apps or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Apps or resources. You further acknowledge and agree that Bidyava shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such App or resource.
- 14. Indemnity and Release
You agree to indemnify and hold harmless the Bidyava Parties from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your User Content, your use of the Service, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party in connection with the App or the Service.
You agree to release the Bidyava Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more of our users or any Third-Party providing goods and services through the Service. - 15. Disclaimers
Bidyava is not responsible or liable in any manner for any User Content posted on the App or in connection with the Service, whether posted or caused by users of the App, by Bidyava, by third parties or by any of the equipment or programming associated with or utilized in the App or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the App and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the App or in connection with any User Content. Bidyava is not responsible for the conduct, whether online or offline, of any user of the App or Service. The App and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
Bidyava assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Bidyava is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any App or combination thereof, including injury or damage to a user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.
Under no circumstances will Bidyava be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the App or the Service, any User Content posted on or through the App, or any interactions between users of the App, whether online or offline. You post User Content, including Third Party Content, on the App at your own risk.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Bidyava expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. Bidyava does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
Any App Content downloaded or otherwise obtained through the use of the Service 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 any such material.
No advice or information, whether oral or written, obtained through or from the Service shall create any warranty not expressly stated in the Agreement.
Bidyava reserves the right to change any and all App Content, software and other items used or contained in the App and any Services offered through the App at any time without notice.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Bidyava.
- 16. Limitation of Liability In no event will the Bidyava Parties be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the App or the Service, or any of the App Content or other materials on, accessed through or downloaded from the App or the Service, even if the Bidyava Parties are aware or have been advised of the possibility of such damages.
- 17. GeneralYou acknowledge that Bidyava may establish general practices and additional limits concerning use of the Service. Notices to you may be made via either email or App posting. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Service. Bidyava respects the intellectual property rights of others you must do the same. You and Bidyava are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. The Agreement and the relationship between you and Bidyava shall be governed by and construed and interpreted in accordance with the laws of Bangladesh, without regard to its conflicts of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located within Bangladesh. The failure of Bidyava to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement, including the Privacy Policy, the information provided to you and by you during the sign-up process and during the upgrade/downgrade of your account, and any other documents that are incorporated into this Agreement by reference, constitutes the entire agreement between you and Bidyava and governs your use of the Service, superseding any prior agreements between you and Bidyava (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use other Bidyava services, or third-party content, software or services offered through the Service. If any provision of the Agreement or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within 6 months after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Bidyava shall not be responsible to you as a result of any delay or default in carrying out its obligations hereunder which is due in whole or in part to an event beyond the control of Bidyava. - 18. Choice of Law
Choice of Law - The Terms shall be governed by, and construed in accordance with the laws of Bangladesh, without regard to its conflicts of law provisions.
Disputes; Dispute Resolution - All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the App ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User's email address on file with Bidyava, or in either case (b) Bidyava Head Office: Bidyava Solutions Limited, House#50, Road#3, Sector#11, Uttara – 1230, Bangladesh or info@bidyava.com, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute. - 19. Conclusive Agreement The Terms constitute the complete and exclusive statement of the Agreement between you and us. You agree that Bidyava may assign the Terms to any other entity of its choosing, with or without notice to you. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms.