BOIKINI TERMS OF SERVICE

Last modified: January 31, 2022

Welcome to Boikini.com. Boikini.com provides website features and other products and services to you when you visit or shop at Boikini.com.

By using Boikini Services, you agree to these conditions. Please read them carefully.

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.

 In these Terms, references to “you”, “User” shall mean the user end, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean PORIBAR Publications, its franchisor, affiliates and partners.

 INTRODUCTION

The domain name www.Boikini.com (referred to as “Website”) is owned by PORIBAR Publications a company incorporated under the Companies Act, 1994(Act XVIII of 1994).

By accessing this Site, you confirm your understanding of the Terms of Use. If you do not agree to these Terms, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms of Use regularly for updates. Your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

 USER ACCOUNT, PASSWORD, AND SECURITY

You will receive a password and account designation upon completing the Website’s registration process. You shall be responsible for maintaining the confidentiality of your account & its password as well as all the transactions/requests done/received under your password or account. You agree to (a) immediately notify Boikini.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. Boikini.com shall not be liable for any loss or damage arising from your failure to comply with the T&C.

SERVICES

Boikini.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase books from various publishers.(Collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. Upon placing an order, Boikini.com shall ship the product to you and you shall be responsible for its payment.

 PRIVACY

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

 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 Boikini’s name is stated as the source and prior written permission of Boikini.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.

 USER CONDUCT AND RULES

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

·         Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others

·         Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

·         Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents

·         Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer

·         Conduct or forward surveys, contests, pyramid schemes or chain letters

·         Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner

·         Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded

·         Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service

·         Violate any applicable laws or regulations for the time being in force in or outside India; and

·         Violate abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

 PRODUCT DESCRIPTION

Boikini.com attempts to be as accurate as possible. However, Boikini.com does not warrant that product descriptions or other content of the site is accurate, complete, reliable, current, or error-free. If a product offered by Boikini.com itself is not as described, your sole remedy is to return it in unused condition.

 LINKS TO THIRD PARTY SITE

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Boikini.com or the Website and Boikini.com is 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. Boikini.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Boikini.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Boikini.com 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.

ABUSING BOIKINI.COM

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

 ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card charged.

All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.

 TRADEMARKS AND COPYRIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Boikini.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 Boikini.com without obtaining authorization from Boikini.com.

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 Service. 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 to 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.

BOIKINI PRIVACY POLICY

Last modified: January 31, 2022

 Boikini.com respects your privacy. Boikini.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

You are advised to read the Privacy Policy carefully. By accessing the services provided by Boikini.com you agree to the collection and use of your data by Boikini.com in the manner provided in this Privacy Policy.

 WE WANTS FROM YOU TO

·         Feel our website trustworthy.

·         Feel comfortable using our website.

·         Feel secure to submit your information’s.

·         Contact us with your questions or concerns about privacy on this site.

·         Know that by using our sites you are consenting to the collection of certain data.

·         What information is, or may be, collected from you?

·         We will automatically receive and collect certain anonymous information in standard usage logs through our Web server, including computer-identification information obtained from “cookies,” sent to your browser from a web server cookie stored on your hard drive an IP address, assigned to the computer which you use the domain server through which you access our service the type of computer you’re using the type of web browser you’re using.

 WE MAY COLLECT THE FOLLOWING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU -

·         Name including first and last name.

·         Alternate email address.

·         Mobile phone number and contact details.

·         ZIP/Postal code.

·         Financial information (like account or credit card numbers) - Opinions of features on our websites.

·         Other information as per our registration process.

·         We may also collect the following information -

·         About the pages you visit/access.

·         The links you click on our site.

·         The number of times you access the page.

·         The number of times you have shopped on our web site.

·         You can terminate your account at any time. However, your information may remain stored in archive on our servers even after the deletion or the termination of your account.

 WHO COLLECTS THE INFORMATION?

We will collect anonymous traffic information from you when you visit our site. We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination there of. Our advertisers may collect anonymous traffic information from their own assigned cookies to your browser. The Site contains links to other Web sites. We are not responsible for the privacy practices of such Web sites which we do not own, manage or control.

 HOW IS THE INFORMATION USED

·         We use your personal information to:

·         Make our bond more stronger by knowing your interests and tailoring our site to that

·         To get in touch with you when necessary

·         To provide the services requested by you

·         To preserve social history as governed by existing law or policy

·         We use contact information internally to:

·         direct our efforts for product improvement

·         contact you as a survey respondent

·         notify you if you win any contest; and

·         send you promotional materials from our contest sponsors or advertisers

 GENERALLY, WE USE ANONYMOUS TRAFFIC INFORMATION TO:

·         remind us of who you are in order to deliver to you a better and more personalized service from both an advertising and an editorial perspective

·         recognize your access privileges to our Websites

·         track your entries in some of our promotions, sweepstakes and contests to indicate a player’s progress through the promotion and to track entries, submissions, and status in prize drawings

·         make sure that you don’t see the same ad repeatedly

·         help diagnose problems with our server

·         administer our websites, track your session so that we can understand better how people use our sites

·         With whom will your information be shared?

·      We will not use your financial information for any purpose other than to complete a transaction with you. We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to third parties unless:

 WE HAVE YOUR PERMISSION

·         to provide products or services you’ve requested

·         to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of Boikini.com’s terms of use or to defend against legal claims

·         Special circumstances such as compliance with subpoenas, court orders, requests/order, notices from legal authorities or law enforcement agencies requiring such disclosure.

·         We share your information with advertisers on an aggregate basis only.

·         What choices are available to you regarding collection, use and distribution of your information?

·         You may change your interests at any time and may opt-in or opt-out of any marketing / promotional / newsletters mailings. Boikini.com reserves the right to send you certain service related communication, considered to be a part of your Boikini.com account without offering you the facility to opt-out. You may update your information and change your account settings at any time.

·         Upon request, we will remove/block your personally identifiable information from our database, thereby canceling your registration. However, your information may remain stored in archive on our servers even after the deletion or the termination of your account.

·         If we plan to use your personally identifiable information for any commercial purposes, we will notify you at the time we collect that information and allow you to opt-out of having your information used for those purposes.

 WHAT SECURITY PROCEDURES ARE IN PLACE TO PROTECT INFORMATION FROM LOSS, MISUSE OR ALTERATION?

To protect against the loss, misuse and alteration of the information under our control, we have in place appropriate physical, electronic and managerial procedures. For example, our servers are accessible only to authorized personnel and that your information is shared with respective personnel on need to know basis to complete the transaction and to provide the services requested by you.

 Although we will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

 POLICY UPDATES

We reserve the right to change or update this policy at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

Boikini.com has endeavored to ensure that all the information on the Website is correct, but Boikini.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Boikini.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages 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, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Boikini.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, Boikini.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 Boikini’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.

 PAYMENT & SHIPPING

Boikini.com offers Cash on Delivery (COD), Debit/Credit Card (VISA, Master Card, DBBL Nexus etc.), Payza, Mobile Banking (bKash, DBBL Mobile Banking) as payment method.

 We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Sometimes, delivery may take longer due to bad weather, political disruptions and other unforeseen circumstances. Title and risk of loss and damages pass on to you upon the products delivery to you.

 RISK OF LOSS

All items purchased from Boikini.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Boikini.com until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the customer.

 FRAUD PROTECTION POLICY

Boikini.com realizes the importance of a strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.

In the rarest of rare cases, when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the purchases were indeed made by a genuine card holder. We apologize for any inconvenience that may be caused to customers and request them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.

 TERMINATION

Boikini.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

These Terms will survive indefinitely unless and until Boikini.com chooses to terminate them.

If you or Boikini.com terminates your use of the Website or any Service, Boikini.com may delete any content or other materials relating to your use of the Service and Boikini.com will have no liability to you or any third party for doing so.

You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

 TERM AND POLICY UPDATES

We reserve the right to change or update these terms and policies at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.

RETURN & REPLACEMENT POLICY

It’s a rare case for Boikini where customers didn’t get their products unharmed. But sometimes we may fail to fulfil your expectations, sometimes situations aren’t by our side. But there is now a “Bond of Trust” between customers and Boikini, So, for further ensuring and encouraging this “Bond of Trust” Boikini.com brings you The “Happy Return” policy. Where customers can return their books or products only if there’s something wrong (Torn, Pages missing, Wrong book/Product, etc) with it. In that case Boikini will give you fresh products in return. Because we believe that happiness should be returned if that happiness can’t give you a smile. So, we returned it with proper happiness. We always want to bring a smile in your face and make you happier. We call this policy of ours “Happy Return”. But this service is not available on Digital content (E-book)

 IF FOR ANY REASON YOU ARE UNSATISFIED WITH YOUR ORDER, YOU MAY RETURN IT AS LONG AS YOUR ITEM MEETS THE FOLLOWING CRITERIA:

·         It is within 07 Days from the delivery date.

·         All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact and should not be broken or tampered with.

·         If the item came with a free promotional item, the free item must also be returned.

·         Refund/ replacement for products are subject to inspection and checking by Boikini team.

·         Damages due to neglect, improper usage or Digital content such as e-books will not be covered under our Returns Policy.

·         Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked.

·         Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

·         Reasons for returns & replacement:

·         Product is damaged, defective or not as described.

·         Size Mismatch for clothing.

·         Wrong product sent.

·         Unhappy with the product quality.

HOW TO RETURN:

·        Fill the form in footer within 07 days after receiving your order by hard copy.

·         Return or replacement will not available on digital content (E-book).

·         There are two ways to return/replacement the product to us. In Dhaka City, we offer a free pick up service for your return/replacement. Other than Dhaka City, you have to send the product on your own to our office address.

·         Once we pick up or receive your return, we will do a quality check of the product at our end and if a return is invalid, we will replace the product with a new one or we will proceed with the refund.

 REFUND POLICY

·         The refund will be processed after we have completed evaluating your return.

·         Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked.

·         Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

·         If you have selected Cash on Delivery (COD), there is no amount to refund because you haven’t paid for your order.

·         For payments made using a Credit Card, Debit Card, Mobile Banking or Bank Transfer, you will receive a refund in your respective.

·         If online payment is made once more due to technical error, payment refund will be made.

·         You will not receive a refund when you have already added any digital content (E-book) to your library.

·         You will receive a refund anytime between 7-10 working days. If you don’t receive refund within this time, please write to us at care@Boikini.com and we shall investigate.

 OUR POLICY FOR GIFT ORDERS

Boikini.com always wants to ensure customer’s happiness. So, every single time we get a order we start processing it and try to make the delivery as soon as possible. But, sometimes in the delivery process some glitches happen. There can be some political issues, country environment or natural calamities that will slow us down but we ensure that the delivery is being made perfectly. So, if there any delay in the delivery process please don’t be impatient, know that we are trying our best to deliver your happiness as early as possible.

If you want your ordered products on a fixed date then you have to notify us while ordering. We will try our best to make the delivery as soon as possible and give your products on that fixed date. But, after trying so hard if we can’t make the delivery at the fixed time for country environment or any other reasons then Boikini will not take any liability for this. Be sure that, we will try our best to make you feel special but sometimes we can’t do things we want to do so if there is some delay then we sincerely hope that you will understand the situation. Thank You.

 ORDER CANCELLATION

·         You can cancel an order before the product has been shipped, by contacting our hotline Number.

·         If you have selected Cash on Delivery (COD), there is no amount to refund because you haven’t paid for your order.

·         For payments made using a Credit Card, Debit Card, Mobile Banking or Bank Transfer, you will receive a refund in your respective account after your order has been cancelled. Your entire order amount will be refunded.

·         You cannot cancel your order when you have already added any digital content (E-book) to your library.

 GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of Bangladesh without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Dhaka.

 LEGAL DISPUTES

If a dispute arises between you and Boikini.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ‘Boikini.com’ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.

 APPLICABLE LAW AND JURISDICTION:

These Terms and Conditions shall be interpreted and governed by the laws in force in Bangladesh. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Dhaka.

 ARBITRATION:

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dhaka, Bangladesh. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dhaka and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.