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Terms & Conditions

 

Terms and Conditions

 

This website, www.nepalpropertymarket.com, (hereinafter referred to as "NPM") is owned, hosted and operated by Nepal Property Market Pvt Ltd, a company incorporated in Nepal under the Companies Act, having its registered office at Lazimpath, Kathmandu  Nepal.

Definitions

 

The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of NPM website or app, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by NPM or chosen by the user or agreed upon by NPM. It is made abundantly clear that only the authorised user has the right to access the services so offered by NPM.

The terms 'User' and 'customer' would include both the authorised and unauthorised user(s)

The terms 'service' or 'services' would mean to include the interactive online information service offered by NPM on the internet through which the user may access information carried by NPM in the database maintained by it. The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record.  

Terms and Conditions

NPM and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

 

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING NPM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE NPM. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( info@nepalpropertymarket.com )

 

NPM may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on NPM website and app. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of  NPM, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. NPM may also suspend the operation of NPM website and app  for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

 

If you utilize NPM in a manner inconsistent with these Terms and Conditions, NPM may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

SUBMISSION AND ADMINISTRATION OF LISTINGS

 

Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to NPM website or app unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on NPM ,The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, NPM  may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. NPM  may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, NPM may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. NPM  will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the NPM website or app. NPM shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on NPM  and NPM shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees

 

(a) to represent and warrant that all Properties and associated information provided by the Customer will be accurate;

(b) that the Customer will not permit the posting of a property on NPM  under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;

 

NPM  reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on NPM without notice. NPM accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While NPM shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to 99acres.

 

Customers, who are buying/renting property/properties through NPM, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.

 

Payment Terms

For initial listing of the properties NPM do not charge its clients but if you approve our services and  would like to repost the same listing we shall charge you a nominal amount which will be notified to you from time to time and can in medium of sms deduction or cash collection.

 

Refund in failed transactions

Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of NPM.

 

If you utilize NPM  in a manner inconsistent with these Terms and Conditions, NPM may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

 

USE OF INFORMATION

Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to NPM. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NPM. NPM  does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

 

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trade marks and service marks ("Marks") appearing in NPM are the properties either owned or used under license by NPM  and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with NPM / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of Nepal.

 

NPM respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in Nepal in this respect. NPM shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using NPM as a platform to infringe the Intellectual Property Rights of others, NPM will be free to terminate this agreement forthwith without any notice to the user.

 

RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:

 

    (a) Access data not intended for you or log into server or account that you are not authorized to access;

    (b) Attempt to probe, scan or test the vulnerability of a system or network;

    (c) Attempt or breach security or authentication measures without proper authorization;

    (d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to NPM, overloading, Flooding, mail bombing or crashing;

    (e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in NPM except as permitted;

    (f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or

    (g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from NPM or link to NPM, without our express written consent.

    (h) The user shall not utilise the services offered by NPM in any manner so as to impair the interests and functioning of NPM. The user undertakes not to duplicate, download publish, modify and distribute material on NPM website or app  unless specifically authorised by NPM in this regard. The user undertakes not to establish any deep link or other connection to any specific page of NPM other than the Home Page without obtaining prior consent of NPM.NPM strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.

    (i) users undertake that the services offered by NPM shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. NPM reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by NPM to relay emails. All attempts shall be made by NPM and the user to abide by International Best Practices in containing and eliminating Spam.

 

The User / subscriber / visitor to NPM or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:

 

    belongs to another person and to which the user does not have any right to;

    is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    harm minors in any way;

    infringes any patent, trademark, copyright or other proprietary rights;

    violates any law for the time being in force;

    deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    impersonate another person;

    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or  public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

 

Violations of system or network security may result in civil or criminal liability.

 

LINKS TO THIRD PARTY WEB SITES

NPM may provide links to other third-party World Wide Web sites or resources. NPM makes no representations whatsoever about any other Web site you may access through this Website (nepalpropertymarket.com).

 

DISCLAIMER AND WARRANTIES

 

NPM  is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF NPM IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NPM AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF NPM.

 

Views expressed by the users are their own, NPM does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

 

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. NPM  does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

 

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. NPM does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

 

No information contained herein shall constitute an invitation or an offer to invest in NPM or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and NPM makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

 

This Website is controlled and operated from Nepal and NPM makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside Nepal, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

NPM offers products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. NPM does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that NPM intends to announce, launch or provide such products, programs or services in your country.

 

LIMITATION OF LIABILITY

NPM will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

 

NPM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer's data/information. NPM shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

 

TERMINATION

NPM may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to NPM (or any part thereof) for any reason, including, without limitation, that NPM based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

 

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on NPM may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

 

You agree to defend, indemnify, and hold harmless, NPM and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of NPM material or your breach of these Terms and Conditions.

 

PRIVACY POLICY

The user of NPM is subject to NPM Privacy Policy .

 

ARBITRATION

If any dispute arises between a user/users and IEIL arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by NPM. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Kathmandu.

 

SEVERABILITY OF PROVISIONS

THIS AGREEMENT between you and NPM governs your use of NPM website and app. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.

 

WAIVER

The failure of NPM to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

 

GOVERNING LAW

By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to NPM as well as these Terms and Conditions.

 

JURISDICTION

Courts at Kathmandu, Nepal alone shall have the exclusive jurisdiction in all matters relating to NPM and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to NPM.

 

NPM does not routinely monitor your postings to the web site but reserves the right to do so. However, if NPM becomes aware of an inappropriate use of NPM or any of its Services, NPM will respond in any way that, in its sole discretion, NPM deems appropriate. You acknowledge that NPM will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, NPM will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

 

NPM reserves all other rights.

 

VIOLATIONS

Please report any violations of these Terms and Conditions to NPM at info@nepalpropertymarket.com