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TERMS AND CONDITIONS OF USE

In using this website you are deemed to have read and agreed to the following Terms and Conditions:


SCOPE

Kaymu Nepal Pvt Ltd ("Kaymu") owns and operates website platform in the Republic of Nepal that allows various Sellers to find Buyers and Buyers to find various Sellers. This platform is currently provided on the website Kaymu.com.np (the "Site"). These terms and conditions ("Terms and Conditions") apply to the use of this Site.

Kaymu is registered in Nepal as "Computer Software Industry". All products listed in this Site are of third parties ("Seller") to whom Kaymu has undertaken "Website Services Agreement".


You, the user, will have the opportunity to review and buy the products of the Sellers. Kaymu will notify the Seller of your orders.


Any order through this Site will be a contract between you and the Seller. Kaymu is neither your agent nor the Seller's agent and it is not involved in the transaction. Kaymu will only be providing "Web Design and Development Services".


Kaymu may carry out changes to the website, suspend service of the website, without notice. Kaymu further reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided.


MEMBERSHIP ELIGIBILITY

In order to use this Site you, the user, shall be of at least 18 years of age or should be accessing the Site under the supervision of a parent or legal guardian.



USE OF SITE

  1. Kaymu grants you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of buying items listed on the Site by the Sellers.
  2. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted by us, without notice to you.
  3. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the Sellers and are not made by Kaymu. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
  4. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
  5. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
  6. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
  7. The Seller shall immediately issue a VAT Bill (if it is VAT registered) or PAN bill (if it is not VAT in the name of the buyer. It is acknowledged by both parties that Kaymu is neither buying nor selling goods and is only providing a website related services and shall not be responsible for any taxes that need to be paid by the Seller. The Seller shall fully comply with all tax laws of Nepal, and if found to be not in compliance with tax laws, Kaymu reserves the right to terminate this agreement immediately.

USER ACCOUNT AND REGISTRATION OBLIGATIONS

  1. By accessing the Site, you, the users, confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Site.
  2. User shall check the Terms and Conditions of use regularly for updates. Your continue use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
  3. Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.
  4. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
  5. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

  6. ORDER AND PRICING

    1. Please note that there are cases when your order cannot be processed for various reasons for example technical problems with Site. The Site reserves the right to refuse or cancel your order of goods of Seller for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we can notify the order to the Seller.
    2. We are determined and may instruct the Sellers to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, the Seller reserve the right to refuse or cancel any order.
    3. In the event that an item is mispriced, we may, at our own discretion, the Seller or the Site may contact you for instructions or cancel your order and notify you of such cancellation. The Seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card charged.


    4. DELIVERIES

      Please note that Kaymu does not deliver any of the products ordered by you. Kaymu is only limited to providing information of order to the Seller. The soul responsibility of delivering the products to you lies upon the Seller. However, as we only have policy to ensure that Sellers deliver goods timely, please inform us if any delay of more than 72 hours.


      PAYMENT

      Kaymu does not receive any payments from you. The Seller is itself responsible for receiving the payment of the orders. Kaymu may partner with third party payment service provider for payments. The terms and conditions of use of payment platforms shall be as provided by such partner. Kaymu is not a party to such arrangements or contracts.


      INTELLECTUAL PROPERTY RIGHTS

      1. All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
      2. The entire contents of the Site also are protected by copyright as a collective work under Nepal copyright laws and international conventions. All rights are reserved.

      3. DISCLAIMER OF WARRANTIES AND LIABILITIES

        1. Kaymu ensures that Kaymu and the community work together to keep the Sites and services working properly and the community safe.
        2. Kaymu works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Upon any notification and reports regarding the infringement of your intellectual property rights and policy breaches, Kaymu ensures to investigate such issue and edit the contents in this Site.

        3. LEGAL DISPUTES

          You and 'Kaymu' agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.


          APPLICABLE LAW AND JURISDICTION

          These Terms and Conditions shall be interpreted and governed by the laws in force in Nepal.


          ARBITRATION

          Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Kathmandu, Nepal, in English language and governed by law of Nepal pursuant to the Arbitration Act of 1999, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nepal and is independent of either party.


          Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunction or other equitable relief through the courts.

          PRIVACY

          Kaymu Nepal use your information only as described in the Kaymu "Privacy and Confidentiality Policy". We view protection of users' privacy as a very important community principle and do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

          We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.

          We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Kaymu 'Privacy and Confidentiality Policy'. If you object to your information being transferred or used in this way please do not use our services.


          INDEMNITY

          You, the user, will indemnify and hold Kaymu including our officers, directors, agents, subsidiaries, joint ventures and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.


          NO AGENCY

          No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms and Conditions.


          NOTICES

          We shall send notices to you by email to the email address you provide to Kaymu during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

          Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Legal notices sent to you by registered mail shall be deemed to have been received by that party three days after the date of mailing.



          LIMITATION OF LIABILITY

          Kaymu shall in no case be liable to any user for any loss or damages caused by use of the Site.


          TERMINATION

          In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of the Terms and Conditions, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

          Any termination of the Terms and Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before

          the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Kaymu Nepal Pvt Ltd, Naxal, Kathmandu, Nepal, in operating the Site, your sole and exclusive remedy is to discontinue using this Site.