1. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Bype Techno Pvt. Ltd. or a third party provider. All Content is provided on an "As Is" and "As Available" basis and Bype Techno Pvt. Ltd. reserves the right to take legal action if the content and site is misused by the user. You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
2.License
Subject to the terms and conditions set forth in these Terms of Use, Bype Techno Pvt. Ltd. grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
3.Limitation of Liability
IN NO EVENT SHALL Bype Techno Pvt. Ltd. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
4.Applicability of these conditions
These conditions apply to any offer and any agreement between Bype Techno Pvt. Ltd. and consumers.
The present conditions also apply to agreements with Bype Techno Pvt. Ltd. in case third parties need to be involved for the execution.
5.Offers
Price offers and other conditions are assumed to have been accepted by consumers. We try to indicate offered products and prices in a correct way. Typing errors or indicated prices are not binding, however.
6.Delivery time
Delivery times indicated by Bype Techno Pvt. Ltd. are approximates and do not involve final terms, but will never exceed actual delivery times by more than 90 days, save force majeure.
In case of failed delivery in time, consumers need to give Bype Techno Pvt. Ltd. notice of default via the contact form on www.BetaSourceSoftware.com and allow Bype Techno Pvt. Ltd. a reasonable term to meet its obligations after all.
Delivery times may vary depending on the type of payment method selected. Delivery times are indicated at the payment method. Bype Techno Pvt. Ltd. will never deliver purchased products/services until full payment has been received on the Bype Techno Pvt. Ltd. account or payment by credit card is confirmed/any online method.
7.Information, data and intellectual property rights
General indications and descriptions of items to be delivered by Bype Techno Pvt. Ltd., as included in brochures, website, lists and similar items, are only meant as general information instead of quality and/or guarantee indications.
Bype Techno Pvt. Ltd. can assume correctness and completeness of information and data provided to Bype Techno Pvt. Ltd. by consumers.
Save as otherwise expressly agreed, where appropriate, intellectual property rights to brands, models, drawings, designs, and similar items belong to Bype Techno Pvt. Ltd..
8.Guarantee
Bype Techno Pvt. Ltd. guarantees that provided software/APIs services have not been used at the moment of provision to consumers. After delivery, consumers are responsible for provided software/APIs services.
9.Payment
Unless agreed otherwise, net payment should be done beforehand. It is not possible to pay on account afterwards.
Without further notice of default by Bype Techno Pvt. Ltd., consumers are assumed to be in default if the amount due has not been paid within the set payment term. Without prejudice to any other Bype Techno Pvt. Ltd. right, the failure to make payment has at least the following consequences:
- Consumers are not entitled to settle any counterclaim to Bype Techno Pvt. Ltd. with payment obligations under this agreement.
- In case of bankruptcy or suspension of payment by consumers, Bype Techno Pvt. Ltd. claims and consumer obligations regarding Bype Techno Pvt. Ltd. are immediately payable.
10.Liability
Liability of Bype Techno Pvt. Ltd. is limited to redelivering the goods/services concerned or refunding the purchase price. If decided otherwise, liability will never exceed 1000 INR per case.
In case of defects to delivered goods/Services, liability as mentioned in article 11 of these conditions applies.
Bype Techno Pvt. Ltd. is not liable for indirect or direct damage, including missed profits, mental damage, emotional damage or any other type of damage resulting from Bype Techno Pvt. Ltd. services.
In case limited liability is below the level required by law, maximum liability will be limited to the minimum amount allowed by law.
11.Force majeure
Bype Techno Pvt. Ltd. has a right to repudiate the agreement entirely or partly or suspend delivery terms, as it chooses, without any obligation to pay damages, in the following cases: Force majeure of any kind whatsoever, mobilization, war, uproar, fire, strikes, transport difficulties, seizure, production interruptions, lack of raw materials and/or energy, disasters, restricting government measures of any kind whatsoever, insufficient performance of company installations that are necessary to observe the agreement, third party supply and service delivery failure, as well as any other circumstance independent of the intention of Bype Techno Pvt. Ltd. that would have moved Bype Techno Pvt. Ltd. to abstain from entering into the agreement or to enter into the agreement on different terms if it had been aware thereof.
Bype Techno Pvt. Ltd. also has a right to claim force majeure if circumstances that prevent (further) performance appear after Bype Techno Pvt. Ltd. should have lived up to its commitment.
During force majeure, the delivery obligations and other obligations of Bype Techno Pvt. Ltd. are suspended. If the period in which performance of Bype Techno Pvt. Ltd. obligations is not possible due to force majeure takes longer than weeks, both parties are authorized to repudiate the agreement without any obligation to pay damages.
12.Disputes
These conditions are subject to law, excluding the Vienna Sales Convention. All disputes, interim proceedings included therein that are related to and/or result from these Terms & Conditions, will be dealt with by the Rotterdam district court (in the Jaipur, Rajasthan, India), which has jurisdiction, with the proviso that Bype Techno Pvt. Ltd. also has the right to have disputes dealt with by the competent court of the place of residence of the consumer.
13.Privacy
Data provided by consumers are recorded in the Bype Techno Pvt. Ltd. customer file. This file also includes data that are necessary to process orders, such as order, delivery and payment data. The customer file is used to execute and process orders. More information on this topic can be found on our privacy page.
14.Change and location of conditions
The latest registered version or the version valid at the time of concluding the present transaction applies. Bype Techno Pvt. Ltd. is authorized to change and supplement these Terms & Conditions without declaring a reason.
15.Contact details
Bype Techno Pvt. Ltd.
Head office – Jaipur
India