Terms and Conditions
- Introductory
(Note: Please give brief introduction about the company and its objective at the first paragraph of introductory section)
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and FLIPNEPAL. In order to use the Service defined below you must agree to the Terms of Use that are set out below.
The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at site of the company. You agree that it shall be your responsibility to review the Terms of Use regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
Important –Please carefully read these terms. By using the platform, you agree that you read, understood, accepted and agreed with the Terms of Use and accept that these terms will be binding upon you. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, you may opt to leave and not use the platform
- Understanding the platform
You agree and understand that FLIPNEPAL is an internet classified
platform that facilitates communication between users for the purpose of
advertising and sharing information related to goods and services.
Our company does not endorse or promote any of the listings, or information
posted by users. These users are third parties and are not related FLIPNEPAL to or its affiliates. You agree not to hold FLIPNEPAL responsible for information posted by these users or
for their act in any circumstances.
You further understand that FLIPNEPAL is not involved
in transactions of any goods / services listed in our Site. You will be
directly contacting users who have posted advertisement in our site regarding
their goods or services offering.
If you are using information from Site, in order to communicate / sale /
purchase any goods or services from other users, we strongly encourage you take
necessary precaution to protect yourself. We recommend that you read our safety
tips before doing any transaction with other users.
- User submitted content
By posting or submitting any content to the Site, including any audio or visual files, classified advertisement or personal information (collectively, “Your Content”), during the registration, posting, through interactive public forums or any other feature of the Site you affirm, represent and warrant that
(1) You lawfully own or have rights including the copyright, to Your Content.
(2) None of the materials included in Your Content are unlawful, defamatory,
libelous, obscene or pornographic, promotes racism or hatred based on age,
gender, race, religion, caste, class
(3) Use of Your Content will not violate any legal rights (privacy,
intellectual property, etc) of any third
party.
(4)You are solely responsible and accountable for Your Content
Moreover you agree not post or list any information:
(A)That is related to the sale of any illegal, counterfeit, stolen goods and services.
(B) Of goods and services of which you are not lawful owner or do not have
authority to list for.
(C)Containing virus, spam, pyramid schemes or any similar forms
(D) Related to goods / or services that is prohibited by laws & regulation
of Federal Democratic Republic of Nepal
(E) Not allowed by Site’s Ad posting Rules.
You hereby grant FLIPNEPAL a worldwide,
royalty-free, perpetual, irrevocable, non- exclusive, transferable,
sub-licensable right and license (the “License”) to use, license,
distribute, copy, reproduce, transmit, translate, publicly display, publicly
perform, publish and prepare derivative works of Your Content in connection
with the Site as well as on any of affiliates or partners websites,
publications and mobile platform in any formats and through any media channels.
We need these rights with respect to Your Content in order to host and display
content.
- Right to Refuse and Blacklist
Notwithstanding anything herein written, the Company may, at its sole and absolute discretion, blacklist the user permanently or temporarily and reject users request to use the application if the company finds that the user have violated the represent and warrant clause made by the users or if user actions is found to be contrary to any clause of the terms of use of the platform/service. The company shall reserve the discretion power to do so.
- Limitation of Liability
The users providing product and services through advertisements
from our site are independent contractors and are not officers, employees,
agents of FLIPNEPAL Therefore, FLIPNEPAL is not
liable for the errors, representation, breaches, acts, or carelessness of any
such users for any personal injuries, damages, death or expenses resulting there from.
You agree not to hold FLIPNEPAL responsible or accountable for third party
content, listing, or information and nor liable for any misuse, illegal
activity as most postings or information are submitted by various users
directly and FLIPNEPAL do
not have any role in
its creation.
You further agree that FLIPNEPAL is not liable
for any loss of money, goodwill, or reputation, or any special, indirect, or
consequential damages arising out of your use of the site content or as a
result of any sale, purchase of goods and services with other users of the site.
By visiting and using our site/application you agree that the laws of
Government of Nepal, without regard to principles of conflict of laws, will
govern these Terms of Use and any dispute of any sort that might arise between
you and Hamrobazar.com or its affiliates.
- Indemnity
You agree to indemnify, defend, and hold harmless as FLIPNEPAL well as all of its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, service providers, predecessors, successors and assigns from and against any and all losses, risks, claims, obligations, actions, debts and expenses, including attorney’s fees and legal costs, including those brought by third parties arising from:
- your use of and access to the Platform and/or the Service;
- your violation of any term of these Terms;
- your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property right;
- any claim that your Content caused damage to a third party, and
- for any other breach, act or omission, fault or negligence, contributory or otherwise, on your part including breaches of the obligations on confidentiality and data privacy arising out of the performance or non-performance of the duties and responsibilities set forth in these Terms and from alleged violations of, or noncompliance with, relevant laws. This defense and indemnification obligation survives termination, modification or expiration of these Terms and your use of the Service and the Platform.
- Delivery / Payments / Billing
It should be noted that FLIPNEPAL does not
deliver nor does accept payment from users for any product or services listed FLIPNEPAL not involved in buying or selling activities nor does it act as
agent or middleman of buyer/seller.
All product/services are listed by Users (Sellers), who have posted information
of their offerings. Sellers are themselves responsible to deliver, obtain
payment and issue bill for their sales. Similarly Users making purchases
(Buyers) are self responsible to verify goods/services before releasing any
payments.
Users (Buyer or Seller) should take necessary measures and obtain appropriate
documents related to dealings as they would in traditional offline
transactions. Any contractual obligation regarding payment, delivery, terms,
conditions, warranties or representations associated are solely between Users
(Buyer & Seller), and FLIPNEPAL is not part of such contract in any manner.
