WEBSITE TERMS OF USE

These terms of use, and all documents referenced herein (collectively, the “Terms of Use”), set out the terms and conditions that apply to your use of banyancanopy.group, including any and all materials, documentation, information and other content provided thereon (collectively, the “Website”). Your access and use of the Website constitutes your agreement to be bound by these Terms of Use, which establish a contractual relationship between you and Banyan Software International (Private) Limited (“Banyan”). By accessing or otherwise using the Website, you acknowledge that you have read these Terms of Use and that you understand and agree to be legally bound by them. If you do not accept these Terms of Use, you must not access or use the Website.

Banyan may, in its sole discretion, modify, supplement or amend these Terms of Use at any time, without notice or liability, by posting revised Terms of Use on the Website. Your continued use of the Website after such changes signifies acceptance of the revised Terms of Use.
These Terms of Use apply regardless of the device used to access, use or view the Website. Data transmitted over the Internet or other networks may be subject to loss, interception or alteration. Banyan takes reasonable steps to protect the integrity and security of its Website. Users are advised to employ up-to-date antivirus software and secure browsing practices when accessing the Website. While we implement safeguards, we cannot guarantee that the Website is free from security vulnerabilities.. You should ensure compatibility of any website you visit with your device. Banyan does not assume responsibility for your Internet use or related charges.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Banyan regarding any information you provide. Unauthorized use, including accessing non-public portions, circumventing security, or disrupting functionality, is strictly prohibited and may result in legal action.

The Website may contain links to other websites that are not maintained or affiliated with Banyan. Banyan is not responsible for content on third-party websites and does not endorse or verify them. These links are for your convenience only and do not imply endorsement or verification of content or practices. It is your responsibility to review and comply with linked websites’ terms and take precautions to protect against harmful software or data, including using antivirus software. Linking to any other website is at your sole risk, and Banyan assumes no liability for damages from such linking.

You may not gather, extract, reproduce and/or display on any non-Banyan website, any information or material on or from the Website, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without Banyan’s consent.

Banyan relies on the information you provide through the Website, including, without limitation, personal information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Banyan or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your information up to date.

The prices displayed on the Website are in Pakistani Rupees (PKR). Prices displayed on the Website are subject to change without notice. If you make a purchase on this Website, your purchase will be subject to additional terms and conditions of sale made available to you at checkout.

The Website consists of graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that are the property of Banyan and/or its various subsidiaries, affiliates and third-party providers (collectively, “Third Parties”) and are protected to the fullest extent permitted by applicable law, including, without limitation, copyright, trademark, patent and all other applicable intellectual property laws.

Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Banyan or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners. You may not copy, reproduce, distribute, or create derivative works from any content on the Website without express written consent from Banyan.

Your use of the Website does not grant or transfer to you any ownership or other rights in the Website or to any Trademarks. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Banyan and/or the applicable Third Party.

You shall not, directly or indirectly:

• copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, republish, transfer, transmit, sell, compile for an internal database or store any Website content, in any form or by any means, without the express written permission of Banyan or the applicable Third Parties;
• use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
• post or transmit to the Website any unlawful, fraudulent, harassing, libelous, infringing of third-party intellectual rights, or obscene information of any kind;
• post or send to the Website any information that contains a virus, bug, or other harmful item;
• take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure; or
• use any device or technology to provide repeated automated attempts to access password-protected portions of the Site.

Except as expressly provided in these Terms of Use, and to the fullest extent allowed by law, Banyan makes no representations or warranties of any kind – express, implied, statutory, or otherwise – regarding the Website, which is offered on an “as is” and “as available” basis.

Banyan expressly disclaims all representations, warranties, guarantees, covenants, and conditions relating to the Website, whether express, implied, statutory, or otherwise. This includes any implied warranties or conditions of merchantability, fitness for a particular purpose, quality, title, accuracy, completeness, and non-infringement. In particular, Banyan does not represent or warrant that:

• the Website will be compatible with your devices or software;
• the Website will be accurate, reliable, complete, current, or suitable for any particular purpose;
• Website operation or access will be uninterrupted, secure, timely, or error-free;
• defects or errors will be corrected;
• the Website will be free from infections, viruses, malware, or harmful components;
• communications to or from the Website will be secure or not intercepted; or
• your use of the Website will meet any particular requirements.

Your use of the Website is solely at your own risk, and you are responsible for any damages you may incur. Banyan shall not be liable for user conduct on the Website or for any damages to your devices or other property arising from your access to, use of, or downloading of any content from the Website. This applies regardless of Banyan’s awareness or potential foreseeability of such damages.

Under no circumstances will Banyan be liable for any direct, indirect, punitive, special, incidental, exemplary, or consequential damages, including, without limitation, damages for loss of use, data, profits, business interruption, or any other damages, arising from or related to your use or performance of the Website. You acknowledge that you use the Website at your own risk, and your sole remedy for any claim, loss, damage, cost, or expense is to discontinue use of the Website.

If Banyan is found liable for any loss or damage arising from the use or functions of the Website, its total aggregate liability shall not exceed $20,000.00 (PKR).

To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Banyan’s discretion), and hold harmless Banyan, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, costs, and expenses (including reasonable legal and advisory fees) arising from or related to:

• your access to or use of the Website and related activities;
• any breach of these Terms of Use by you;
• your violation or anticipated violation of any applicable laws in connection with your use of the Website;
• any misrepresentation by you;
• your contribution to the injury, illness, disability (including permanent disability), or death of a third party; and
• Banyan’s permitted use of any information you submit through the Website.

These Terms of Use and your use of the Website are governed by the laws of Pakistan, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in Karachi, Pakistan in connection with any matter arising out of or relating to the Website or these Terms of Use, unless otherwise agreed by Banyan in its sole discretion.

You acknowledge that you have read the Banyan privacy policy, available at [URL], as updated from time to time (the “Privacy Policy”), the terms of which are incorporated into these Terms of Use, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Banyan in accordance with the terms of and for the purposes set out in the Privacy Policy.

You understand that Banyan may monitor and track your usage of the Website. You acknowledge that, subject to the Privacy Policy, Banyan may disclose information relating to your use of or access to the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.

Sections 7, 8, 9, 10 and 12, and any other sections which by their nature survive the termination or expiration of these Terms of Use and/or your access to and/or use of the Website will survive any termination or expiration thereof.

These Terms of Use, together with any rules, policies or guidelines posted on the Website by Banyan or incorporated or referred to herein, including the Privacy Policy, constitute the entire agreement between you and Banyan with respect to the subject matter hereof, and supersede all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by Banyan.

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without Banyan’s prior written consent, which consent may be withheld in Banyan’s sole discretion.

Banyan will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Banyan. No delay or omission by Banyan in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Banyan to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver of, or limit, its right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.

Banyan appreciates any feedback and other suggestions you may have regarding the Website. In doing so, you consent to Banyan’s use of such feedback or suggestions without any restrictions or obligation to compensate you for them, and acknowledge that Banyan is under no obligation to keep them confidential.

If you would like to relay any feedback or have any questions about Banyan and/or the Website, please direct them to:

Banyan Software International (Private) Limited
Hill Trade Center (HTC), 1st Floor, Plot #SNCC-3/3, Block-3,
KCHSU, Shaheed-e-Millat Road, Karachi-75400, Pakistan
Email: pk-official@banyansoftware.com