INTRODUCTION:

Welcome to niyamah.com. It provides website features and other products and services to you when you visit or shop at niyamah.com. The terms “We”, “Us” and “Our” are used to refer to only niyamah offers all information, tools, and services which are used or concerns niyamah carrying out of business, and are publicly available at the website. By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement, please do not access, register with, or use this Site. This Site is owned and operated by niyamah.

GENERAL CONDITIONS:

By agreeing to these Terms of Service, you represent that you are at the age of majority in your present State or Province of residence, or that you have given us your consent to allow any of your minor dependents to use this website where you are the age of majority in your State or Province of residence.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and may involve the following:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service on the website through which the service is provided, without express wrote permission from us.

PRIVACY:

Please review our Privacy Agreement, which also governs your visit to the Site. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, following the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.

BUSINESS POLICY:

# Products are available exclusively online through niyamah. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Replacement Policy.

#If the product and services you have ordered are not available, niyamah will inform you as soon as possible. If not, then Customer Care will offer similar alternatives. As part of visiting and/or purchasing anything from niyamah, you warrant to agree to understand that due to the nature of the business, availability may change even after an order has been placed. In an event where the product is no longer available, Customer Care will offer alternatives or the option to cancel your order wholly.

# In case of price changing All prices are subject to change without notification, and while every effort is made to ensure the accuracy of the prices displayed on niyamah, they are not guaranteed to be accurate. If any price is different from what was displayed, we will inform you before dispatching the order and you will have the option to continue with the order or not. We reserve the right at any time to modify or discontinue any Service without notice at any time.

COMMUNICATIONS:

When You use the Platform or send emails or other data, information, or communication to us, you agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise

SERVICES:

niyamah provides several 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, niyamah shall ship the product to you and you shall be responsible for its payment.

ACCURACY OF BILLING AND ACCOUNT INFORMATION:

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting you through the phone number or e-mail provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

ONLINE PAYMENT & CASHBACK OFFER RULES:

1. Any complication after online payment will be verified and resolved within 5-6 working days.
2. The online cashback offer continues till the specified date.
3. A customer will get fixed percentage cashback on any order value during the campaign period.
4. During the campaign, a customer gets a fixed amount of cashback from a number.
5. The amount of cashback for each campaign may vary—which is specified on each poster on the niyamah social media page and in the campaign rules on the website.
6. Book Fair authorities have the right to make any changes or modifications during the campaign

COPYRIGHT:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, niyamah.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any 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 niyamah.com without obtaining authorization from niyamah.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, concerning 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.

LICENSE TO ACCESS THE SITE:

We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable, and non-exclusive license to use the Site, following the Terms and Conditions described herein, to shop for personal items and services as listed to be sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this Site is solely for informational purposes. Product representations including price, available stock, features, add-ons, and any other details as expressed on this Site are the responsibility of the vendors displaying them and are not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions.

We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.

You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in immediate cancellation of your account, services, reviews, orders, or any existing incomplete transaction with us, and severe cases may also result in a legal action:

Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site is available on the Site at all times.
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
Use the Site for illegal purposes.
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
Interfere with another’s utilization and enjoyment of the Site;
Post, promote, or transmit through the Site any prohibited materials as deemed illegal by The People’s Republic of Bangladesh.
Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code, or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards, and any other applicable laws.

ORDER CANCELLATION:

You can cancel an order before the product has been shipped, by contacting our team members.

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 canceled. Your entire order amount will be refunded.

DISCOUNT CONDITIONS:

niyamah always wants to give you your desired books at the best possible market price. We always have different offers and discounts running on to make our customers happy and make them able to buy more and more books from niyamah. But sometimes in some cases, we cannot afford to give you proper discounts. Though we try our best to keep the price lesser for our beloved customers sometimes we just can’t. We cannot give discounts on foreign books because their publishers don’t allow us to give any discounts at all.

We also cannot give discounts on those books which are published by Bangla Academy and Islami Foundation Bangladesh. Textbooks are another category where we can offer very little discount. But we can offer discounts in most of our categories and customers can buy a wide range of books from there. Lastly, Buying and reading books is a passion, it has nothing to do with money. Keep buying and keep reading. niyamah is always there for you.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be free from error obtained from the use of the service will be accurate or reliable. Users must understand that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without prior notice to you, under different circumstances.

You expressly agree that your use of, or inability to use the service is solely your risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall niyamah, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, vendors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

However, any use of the product that results in any injury, loss, or damage whether direct or indirect, will not make niyamah liable for providing servicing facilities provided that, such direct or indirect use and the results thereof, is not covered nor supported by the provisions under the products accompanying Warranty.

INDEMNIFICATION:

As a user of the website and the services therein, you agree to indemnify, defend and hold niyamah harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, vendors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or any documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY:

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION:

niyamah 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 niyamah chooses to terminate them.

If you or niyamah terminates your use of the Website or any Service, niyamah may delete any content or other materials relating to your use of the Service and niyamah 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.

GOVERNING LAW:

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed and interpreted following the applicable laws governing e-commerce in Bangladesh. Any actionable legal claims or proceedings arising out of, or in connection to this website, must be brought within the jurisdiction of a competent Court in Bangladesh.