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Terms of Use

User agreement on the provision of services of the website https://localbazaar.com.np & Local Bazaar.

This User Agreement regulates the relationship regarding the use of the Internet resource with the address https://localbazaar.com.np (hereinafter referred to as the "Site") between https://localbazaar.com.np ( hereinafter referred to as the "Performer" ) and a legal entity or a natural person using the Site for the purpose of searching, viewing and/or placing Ads (hereinafter - the "User").

By registering on the Site or using the Site to search for/view Ads, the User agrees to this User Agreement (hereinafter referred to as the Terms of Service "TOS") and accepts the rights and obligations specified therein related to the use of the Site.

Placing on the Site of Advertisements that are not aimed at the implementation of entrepreneurial activity is free of charge, unless otherwise expressly indicated on the Site and/or in the PS and/or the Offer. In the absence of a special indication on the Site and/or in the PS and/or the Offer, the opposite is also true: the free advertisement submitted by the User directly indicates that it is submitted not in connection with and not for the purpose of carrying out his business activities. Users are required to use the Site's features in good faith and not to post Ads that do not correspond to the users' real bodies. Terms used in this PS

Internet resource – a set of integrated hardware and software tools and information intended for publication on the Internet and displayed in certain text, graphic or sound forms. The Internet resource is available to Internet users by means of a domain name and (Uniform Resource Locator) - a unique electronic address that allows access to information and software and hardware complex or through the corresponding mobile application.

The site is an Internet resource that allows the User to place, search, and view Advertisements. All rights to the Site belong to the Contractor.

The User's personal account on the Site (hereinafter - "Personal Account") is an access interface for managing the posting of the User's Ads, other services, their payment, and performing other actions with informational materials provided for on the Site. Login is performed using the User's registration data.

Registration data – identification data of the User, intended for the User's access to the personal account. Registration data consists of: login (the User's e-mail or phone number is used as a login), password, control question and the answer to the control question (used if the User has forgotten the password). Google+.

Announcement - an informational message of the Site User containing an offer about the Goods (including contact information, images and any related information) posted by the User on the Site, addressed to an indefinite circle of persons.

Product - any real state, product, service, job offer or other offer in respect of which the User places an Announcement on the Site.

1. Subject of the Agreement

1.1 The Contractor offers you its services on the terms that are the subject of this User Agreement.

1.2 The user agreement may be changed by the Contractor without notice. The new version of the User Agreement comes into force from the moment it is posted on the Site, unless otherwise provided by the new version of the PS.

1.3. The current version of the PS, as well as other documents regulating the rules for using the Site and providing the services of the Site, is always located on the Site and is available to all Users.

2. Description of Services

2.1. The Site is an Internet site that allows the User to independently, at his own risk and risk, place offers addressed to an indefinite circle of persons to make a transaction in relation to the Goods that the User is authorized to dispose of (make offers) , and other users of the Site to accept or not accept at their own discretion and under own responsibility of the proposals posted on the Site by the User, to conclude or not to conclude the relevant transaction with the User who posted the Announcement on the Site . The Contractor in no way can be considered and is not the organizer of the transaction, the buyer, seller, intermediary, agent or representative of any user of the Site and / or other interested person in relation to the transaction offered / concluded between users of the Site.

2.2. The Contractor does not give the User any guarantees that any offers made to the users of the Site by placing an Advertisement on the Site, or using the contact information contained in the Advertisement, will be received and considered by other users of the Site.

2.3. The user undertakes to be careful when choosing a counterparty, makes a decision about the transaction under his own responsibility, independently verifying that the offer contained in the Advertisement on the Site is valid and legal.

2.4. The performer also provides paid services using the Site, the provision of which is regulated by the public offer - https://pasal.localbazaar.com.npservices/offerta

2.5. The provision of paid services of the Site is governed by the public Offer - https://localbazaar.com.np/services/offers, which the User agrees to when paying for paid services.

3. Rights and obligations of the Executor

3.1. Right

3.1.1 The information received on the Site is considered the property of the Contractor. The Contractor is not under any obligation to ensure the confidentiality of this information, unless there is a written agreement with the User to the contrary or the corresponding requirements of the current legislation.

3.1.2 Information contained on the Site may not be reproduced or used for publications without the written permission of the Performer, unless the page containing such information clearly states otherwise. Copying of the information contained on the Site may be carried out only by individuals for personal use.

3.1.3 Under no circumstances is the Contractor liable for damages, losses or expenses incurred in connection with the use of the Site or the impossibility of its use.

3.1.4. The Contractor has the right at any time, at its discretion, to conduct a selective check of the Announcements for the User's compliance with this UA, including in automatic mode using software tools. In case of violations, including in the event of receiving complaints from third parties about such violations, the Contractor has the right to determine the quality of ads, their compliance with the requirements of this UA and the legislation of the Nepal Law, suspend or terminate the User's access to certain services of the Site, including rejection or blocking Announcements and / or access of the User to the personal account without notifying the User about it. By decision of the Contractor, blocking of Ads and / or User registration data on the Site may be temporary or permanent,depending on the volume and number of violations of this User Agreement committed by the User and other rules for using the Site established by the Contractor. If the User eliminates the violations committed, the Contractor has the right to restore the previously blocked Announcement or the User's access to the personal account.

3.1.5. The Contractor has the right to unilaterally change this UA and other documents governing the use of the Site and the provision of the Site's services. The new version of these documents comes into force from the moment it is posted on the Site, unless otherwise provided by the new version of the relevant document.

3.2 Responsibilities

Under this User Agreement, the Contractor undertakes:

3.2.1 Provide the User with the opportunity to post Announcements on the Site, search for Announcements of other users located in the Site's database, in accordance with the rules and restrictions established by the Contractor at a given time.

3.2.2 Provide the User with the opportunity to manage access to his Announcement and set other settings available to Users at a certain point in time through his personal account.

3.2.3 Provide the User with the opportunity to delete the Announcement and/or his registration data at any time at his own discretion.

3.2.4 Provide the User with the opportunity to completely delete all information posted by him on the Site through his personal account on the Site at any time at his own discretion.

4. Obligations of the User upon registration

Under this User Agreement, the User undertakes:

4.1 Know and comply with the Rules for the publication of Announcements, which are an integral part of this PS.

4.2 Do not post in any way, through the Site, information in violation of the laws of the Nepal Law and practiced international law.

4.3 Do not post knowingly false information.

4.4 Do not post and/or transfer using the Site, materials and/or Goods, if the User does not have the appropriate rights to do so. This applies to materials protected by copyrights, trademarks, patents, as well as agreements on non-disclosure of information, confidentiality, goods for the implementation of which it is necessary to obtain appropriate permits, in the absence of such permits, and the like.

4.5 Do not violate the information security of the Site.

4.6 Do not implement executable code on the User's side, any implementable objects, use frames and iframes, cascading style sheets, html code.

4.7 Do not present yourself in someone else's name or on someone else's behalf (private person or organization). Do not mislead other users and the Site administration regarding your identification in any way.

4.8 Do not destroy and/or change any materials on the Site, the author of which is not the User.

4.9 Do not use information about telephones, postal addresses, e-mail addresses for purposes other than the subject of the Site (search, viewing and placement of Ads).

4.10 Do not register using someone else's e-mail address, or an address to which the User does not have the right to use.

4.11 Do not transfer the password for access to your personal account to third parties. The User is fully responsible for all damage caused to him by third parties arising from the intentional or unintentional transfer by the User of the password from the personal account to another person. The User is responsible for maintaining the confidentiality of the password and for all use of the Site through his password.

4.12 By registering on the Site, the User agrees to receive informational and advertising messages from the Contractor and its partners to the e-mail address specified by him, which can be unsubscribed by pressing the "Unsubscribe" button.

4.13. When visiting the Site, the User's cookies are stored in order to analyze the User's behavior on the Site, determine the User's interest and optimize the campaign of advertising messages. Cookies - a text file sent by a web server and stored on the User's computer, used to authenticate the User, track the state of his session and store statistics on the use of Internet sites by users. When visiting the Site, the User agrees to save his cookies and transfer them to third parties in order to analyze the User's behavior on the Site and receive targeted advertising messages. The user agrees to receive targeted advertising in accordance with the processed data obtained from the analysis of his cookies.

5. Rules for placing Advertisements on the Site

5.1 Responsibility for the accuracy of the information contained in the Announcements is borne by their submitters (users who posted the Announcements). The Contractor is not obliged to carry out a preliminary check of the Announcements posted and/or distributed by the User through the Site. The User is aware and agrees that he must independently evaluate all the risks associated with the placement, distribution and search of Ads, including an assessment of the reliability, completeness or usefulness of such.

5.2 The Contractor reserves the right, at its discretion, to refuse the User to place and / or distribute the Announcements, as well as remove the Announcements from the Site, without prior notice to the User and explanation of the reasons.

5.3 The Contractor has the right to change the requirements for the content and terms of placement of the Announcements.

5.4 The Artist reserves the right to edit the Announcements in order to give them qualities that are convenient for the reader's perception.

5.5 The Contractor reserves the right not to enter into correspondence with the authors of Announcements.

5.6. By placing an Advertisement containing an image (including a photograph) on the site, the User grants the Artist the right to use the specified image (an open license to use the work of art) in the following ways

 

provided for in Article of the Civil Code of the Nepal Law.

placement and distribution on the Internet and / or using e-mail among third-party Internet users. The place, time, audience, sites among which / on which the specified images will be distributed / placed are determined by the Contractor at its own discretion. At the same time, the Contractor does not guarantee such placement and distribution, as well as the appeal of third parties-users of the Internet to the User at the User's Announcement;
placement of the image as an advertising material of the Contractor on the Internet.
The above right of use is transferred to the Contractor by the User free of charge, without limiting the territory, from the moment the User places an Ad containing the corresponding image on the Site, for the entire duration of the exclusive right to the image, with the possibility of transferring this right to third parties. The user allows the use of images without specifying the name of the author, and also guarantees that these images do not violate the rights of third parties.

5.7 Announcements are not allowed for publication on the Site:
5.7.1 The content of which violates the legislation of the Nepal Law (contains propaganda of violence, racial hatred, pornography, etc.).

5.7.2 The content of which violates the generally accepted norms of morality and ethics.

5.7.3 Information in which contradicts the Site Policy and the Rules for placing Ads on the Site.

5.7.4. Containing an offer for the Goods, the implementation of which requires obtaining special permits, in the absence of such permits.

5.7.5. Containing an offer for the Goods, the circulation of which is limited or prohibited by the current Nepal legislation and/or international agreements.

6. Access to personal information of Users

6.1 All information contained in the Advertisements placed by the User on the Site is publicly available, with the exception of the password for accessing the personal account and the information contained in this section. Placing an Advertisement on the Site, the User understands that the posted information is published on the Site in open access, that is, it is available for viewing by any visitor to the Site (an unlimited number of people), located in any place, from a device with Internet access. Accordingly, the User understands and accepts all the risks associated with such posting of information, including, but not limited to: the risk of the e-mail address being included in spam mailing lists, the risk of the e-mail address being exposed to various types of fraudsters,

6.2 The User's access to change the information contained in the Announcement is made by him only on the basis of a unique login and password chosen by the User when registering on the Site. The User is responsible for the safety of the password.

6.3 If the access password is lost, the User has the opportunity to receive a password reminder to the e-mail specified by him during registration and enter his personal account.

6.4 The Contractor makes every possible effort to avoid unauthorized use of personal information of users of the Site. However, the Contractor is not responsible for the possible misuse of the User's personal information due to:

technical problems in software, servers or computer networks that are beyond the control of the Contractor;
interruptions in the operation of the Site associated with the intentional or unintentional use of the Site for other purposes by third parties,
the transfer of passwords or information from the Site (including unintentional) by Users to other persons who do not have access to this information due to the conditions of registration and concluded agreements with the Contractor.
6.5.The User independently and voluntarily decides to provide the Contractor or place in the public domain personal and other information about himself (last name, first name, patronymic or pseudonym of the User, email address, mobile phone number, as well as any other information provided by the User when using the Site) for the purposes of executing this User Agreement.

6.6. By registering on the Site, the User agrees to the collection, processing, storage and use of the personal data entered by him (full name, phone number, e-mail, etc.) in accordance with Nepal Law regarding on Personal Data). The user also agrees to the transfer of this data to a third party if the third party is a partner of https://localbazaar.com.np/ and provides information systems to provide additional services to users. The transfer of data to a third party in this case should be carried out using automation tools that provide adequate protection of the rights of the subjects of these data, and the information system on the side of the third party should have the appropriate certificate.A cross-border transfer of data is only possible if, in a foreign country, on which the servers of the information system are located, adequate protection of the rights of personal data subjects is ensured. The user can deactivate his account at any time by contacting the support service [email protected].

6.7 The User's access to changing the personal information contained in the profile (Last Name, First Name, etc.) is made only on the basis of the unique login and password entered by the User during registration.

7. Use of materials from the Site

7.1 Each user of the Site is responsible for the information posted on his behalf and for the consequences of this posting.

7.2 The site is only a means for transmitting information and the Contractor is in no way responsible for its accuracy and relevance.

7.3 The Contractor makes every possible effort to exclude negligent, inaccurate or deliberately incomplete information from the Site, however, ultimately, the responsibility for it lies with the persons who posted it.

7.4 When reprinting and otherwise using the materials of the Site, a link to the Site is required.

7.5 If the User saves an advertisement or part of the information contained in the Advertisement in his own database outside the Site, then the User is responsible for this under the Law "On Personal Data", as the operator of personal data.

7.6 It is not allowed to use software tools (scripts, robots) to read information from the Site

7.7 The logo, name, design elements, design and general appearance of the Site are the property of the Contractor and their use is prohibited.

8. Warranties and liability

8.1. Since the User independently, at his own discretion and outside the control of the Contractor, places Announcements on the Site that may be of an advertising nature, the User is considered an advertiser and an advertising distributor in relation to all Announcements posted by him on the Site with all the ensuing consequences provided for by the Federal Law "On Advertising" and the Code of Administrative Offenses of the Nepal.

8.2. By placing an Advertisement on the Website, the User guarantees that he has the right to sell the Goods specified in the advertisement, including that the Goods have passed mandatory certification (if this is provided for by legislation for this type of goods). The user is independently responsible for the violation of the guarantees specified in this paragraph. The Contractor has the right to request from the User the supporting documents for the Goods (including the declaration/certificate of conformity) specified in the relevant Announcement. In the event that the User does not submit the supporting documents for the goods, the Contractor has the right to remove the corresponding advertisement from the Site without applying any penalties to the Contractor.

8.3. The user is responsible for the compliance of the content of the Advertisement placed by him with the current Nepal legislation, including, but not limited to, the law "On employment of the population in the Nepal ", "On advertising", "On the protection of children from information that harms their health and development". In case of claims against the Executor by third parties (including, but not limited to, state authorities), regarding the Advertisement(s) placed by the User or the Goods specified in the relevant Advertisement, the User undertakes to independently and at his own expense settle such claims, and in the event of arising in connection with the above-mentioned claims against the Executor for losses, to reimburse them to the Executor in full.

8.4. Since the identification of users of Internet sites is difficult for technical reasons, the Contractor is not responsible for the fact that registered users are really the people they claim to be, and is not responsible for any damage caused to the User or other persons for this reason.

8.5. Using information from the Site, the User is aware of and accepts the risks associated with the possible inaccuracy of the information posted on the Site, as well as the fact that some information may seem threatening, offensive, knowingly false, rude, obscene, and independently decides on the possibility for himself to use the Website.

8.6. The Contractor does not guarantee that the Ads published by the User will be viewed by a certain number of users of the Site or at least one.

8.7. The Contractor does not guarantee that the software, servers and computer networks used by the Site are free from errors and computer viruses. If the use of the Site has resulted in the loss of data or damage to equipment, the Contractor shall not be liable for this.

8.8. The Contractor reserves the right, at its sole discretion, to terminate the access of the User who violates this User Agreement and / or the terms of other rules for using the Site or posting Ads, both in general and in part, including terminating or temporarily suspending the User's access to the personal account.

8.9. All disputes arising within the framework of this PS are subject to consideration in the court at the location of the Contractor in accordance with the legislation of the Nepal law. This agreement cannot be understood as the establishment of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in this agreement between the Contractor and the User.

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