TERMS & DISCLAIMER

www.mistrivai.com ("website") is an internet-based portal owned and operated by Mistri Vai Bangladesh, a company incorporated under the Company Act 2013, with its registered office on, the 1st floor, House 37, Road 11, sector 14, Uttara Dhaka Bangladesh 1213. Use of the website is offered to you conditioned on acceptance of all the terms, conditions, and notices contained in these terms, along with any amendments made by Mistri Vai at its sole discretion and posted on the website, including by way of imposing an additional charge for access to or use of a service

Mistri Vai shall not be required to notify you, whether as a registered user or not, of any changes made to the terms of use. The revised terms of use shall be made available on the website. Your use of the website and the services is subject to the most current version of the terms of use made available on the website at the time of such use. You are requested to regularly visit the home page www.mistrivai.com/termsandcondition  to view the most current terms of use. You can determine when Mistri Vai last modified the terms of use by referring to the "last updated" legend above. It shall be your responsibility to check these terms of use periodically for changes. Mistri Vai may require you to provide your consent to the updated terms of use in a specified manner before before any further use of the website and the services is provided on the website. If no such separate consent is sought, your continued use of the website, following changes to the terms of use, will constitute your acceptance of those changes.

By using this website or any facility or service provided by this website in any way; or browsing the website, you agree that you have read, understood, and agreed to be bound by these terms of use and the website's privacy policy available at the homepage, www.mistrivai.com 

The website is a platform that facilitates the online sale and purchase of products and services offered by Mistri Vai various affiliate/ registered merchants/ vendors/service providers. Mistri Vai's website is a platform to connect buyers and sellers to avail of various products and services.
 
The services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the Mistri Vai system by Mistri Vai for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the services or use the website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in Bangladesh. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail of the services provided by Mistri Vai through your legal guardian in accordance with the applicable laws.

Mistri Vai reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time without according any reason for doing so.

Mistri Vai makes the services available to you through the website only if you have provided Mistri Vai with certain required user information and created an account ("account") through Mistri Vai ID and password or other log-in ID and password, which can include a Facebook, Gmail, yahoo id or any other valid email id(collectively, the "account information"). The services may also be subject to procedures for use of the website, terms of the offer for sale, uploaded guidelines, rules, additional terms of service, or other disclaimers & notices, if any ("additional terms"). If there is any conflict between the terms of use and the additional terms, the additional terms shall take precedence concerning that service.
 

The website requires you to register as a user by creating an account in order to avail of the services provided by the website. You will be responsible for maintaining the confidentiality of the account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Mistri Vai of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mistri Vai cannot and will not be liable for any loss or damage arising from your failure to comply with this section 4.2. You may be held liable for losses incurred by Mistri Vai or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential. Mistri Vai strives to provide you with the best prices possible on products and services you buy or avail of from the website.

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing services on the website. You shall not use a credit/ debit card that is not lawfully owned by you, i.e. In any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. Mistri Vai expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
Mistri Vai shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Mistri Vai with our acquiring bank from time to time.

You agree not to access (or attempt to access) the website and the materials or services by any means other than through the interface that is provided by Mistri Vai. You shall not use any deep link, robot, spider, or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.

If the website allows you to post and upload any material on the website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

• Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information through any bookmark, tag, or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless 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;
• Engage in any activity that interferes with or disrupts access to the website or the services (or the servers and networks that are connected to the website);
• Attempt to gain unauthorized access to any portion or feature of the website, any other systems or networks connected to the website, to any Mistri Vai server, or to any of the services offered on or through the website, by hacking, password mining, or any other illegitimate means;
• Probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the website, or any other customer of Mistri Vai, including any Mistri Vai account not owned by you, to its source, or exploit the website or service or information made available or offered by or through the website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the websites or any affiliated or linked sites;
  Collect or store data about other users in connection with the prohibited conduct and activities set forth in this section.
• Use any device or software to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website;
  Use the website or any material or content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mistri Vai or other third parties;
• 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 within or outside Bangladesh;
• Violate the terms of use including but not limited to any applicable additional terms of the website contained herein or elsewhere; and
• 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.

You agree and acknowledge that Mistri Vai is not the seller of the products and the services and Mistri Vai shall in no manner be deemed to be the seller of the products or services on this website. Mistri Vai Bangladesh is only facilitating the purchase of the products or services by you from the vendor by providing the services to you.

Please remember that any provider of goods or services is entitled to register with Mistri Vai. Mistri Vai does not examine whether the advertisers are good, reputable, or quality sellers of goods/service providers. You must satisfy yourself about all relevant aspects before availing of the terms of service. Mistri Vai has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

The rights granted to you in the product catalogs or any other materials as specified above do not apply to the design, layout, or look and feel of the website. Such elements of the website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogs or any other materials available on the website may be copied or retransmitted unless expressly permitted by Mistri Vai

You are also under an obligation to use this website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the website

Mistri Vai will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Mistri Vai has endeavored to ensure that all the information on the website is correct, but Mistri Vai neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. Mistri Vai shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities, 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, Mistri Vai shall not be held responsible for the 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 Mistri Vai's control. The user understands and agrees that any material 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 or data. Mistri Vai is not responsible for any typographical error leading to an invalid coupon. Mistri Vai accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

You agree to indemnify, defend, and hold harmless Mistri Vai including but not limited to its affiliate vendors, agents, and employees from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mistri Vai that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. Further, you agree to hold Mistri Vai harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of use, or your violation of any rights of another, including any intellectual property rights.

In no event shall Mistri Vai its officers, directors, employees, partners, or suppliers be liable to you, the vendor, or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Mistri Vai has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.

You agree that Mistri Vai may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the website if Mistri Vai determines that you have violated these terms of use or additional terms. You also agree that any violation by you of these terms of use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Mistri Vai, for which monetary damages would be inadequate, and you consent to Mistri Vai obtaining any injunctive or equitable relief that Mistri Vai deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Mistri Vai may have at law or in equity.
Mistri Vai may also terminate or suspend all or a portion of your account or access to the services with or without reason. Except as may be outlined in any additional terms applicable to a particular service, termination of your account may include: (i) removal of access to all offerings within the website or concerning the services; (ii) deletion of your materials and account information, including your personal information, log-in id, and password, and all related information, files, and materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the services.

You agree that all terminations shall be made in Mistri Vai's sole discretion and that Mistri Vai shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the website and services.

These terms of use and all transactions entered into on or through the website and the relationship between you and Mistri Vai shall be governed in accordance with the laws of Bangladesh without reference to conflict of laws principles.
The user hereby consents, expresses, and agrees that he has read and fully understands the privacy policy of Mistri Vai in respect of the website. You further consent that the terms and contents of such privacy policy are acceptable to you.
You hereby expressly agree to receive communications by way of sms, and e-mails from Mistri Vai relating to services provided through the website.

Any feedback you provide to this website shall be deemed to be non-confidential. Mistri Vai shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Mistri Vai is not under any obligation of confidentiality, express or implied, concerning the feedback; (iii) Mistri Vai may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Mistri Vai for the feedback under any circumstances.

• The service provider shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the customer. The service provider agrees to indemnify Mistri Vai in case any demand of indirect taxes is raised by the revenue authorities including interest and penalty in relation to indirect tax implications on the orders/bookings placed by the customer under this agreement.
• Mistri Vai is only acting as a facilitator for the receipt of payment of goods/services for the service providers. Mistri Vai does not maintain/deliver any goods at any point in time and property in goods does not pass to Mistri Vai under any circumstances. Mistri Vai is not responsible for issuing any invoice to the customer either directly or on behalf of the service provider and not liable for any tax liability pertaining to this transaction except on commission income (if any) earned by it.
• Mistri Vai shall have no liability for any penalty, interest, fine, or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.
• Mistri Vai shall not be responsible or liable in any manner in relation to the tax liability of a service user or a service provider.
• Mistri Vai is a marketplace and only facilitates the connection of customers to the service partner. The completions of jobs lie with service partners and Mistri Vai does not directly get involved in it. The service provider, thus completes the job, is liable to collect & pay tax if any to the government upon completion of the job.