Terms & Conditions

Welcome to Buymandu!

Thank you for stopping by. These Terms and Conditions posted on our site set out the terms on which we offer you access to and use of our site and/ or services provided by the Company on the site (“the Services”). All policies, services, and the Privacy Policy are incorporated into these Terms of use.

By accessing Buymandu, you are agreeing to the provisions outlined in this legally binding Terms and Conditions agreement. This policy is effective from July 26, 2015. Before proceeding to use our services, Users are advised to read them carefully as they affect the User’s rights and liabilities under the law.

This Agreement may be amended by Buymandu at any time by posting the amended terms on this Site. As such, you should periodically check to see what amendments have been made to this Agreement.The User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.

The services herein are offered by the Company which has its registered office at Saibhu-4 Bhaisepati, Lalitpur, Nepal.

1. Eligibility for Membership
In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at 16 years old. By registering as a member, you warrant that you can form a legally binding contract.

The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.
If you believe your Account may have been compromised or misused, contact us immediately at Buymandu Customer Support.

2. The User
The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.

Individual‘ – The Services are available only to individuals who are capable of entering into a legally binding agreement under the Laws in Nepal. ‘Individual’ includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User’s personal capacity and on behalf of the User’s child/ward, to be bound by the terms of this Agreement and to be liable for the User’s child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User’s child or ward observes the terms of this Agreement.

Corporate Entity‘ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

3. Responsibilities of the User
The User is personally responsible for his/her use of the Site and/or Services. The User uses the Site and/or the Services at his/her own risk.

The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Nepal.

The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-
(a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
(b) Otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
(c) Violates or is illegal under any applicable law, statute, ordinance or regulation.

The User shall not provide and/or cause to be provided information which:-
(a) is false, inaccurate or misleading;
(b) Involves the sale of counterfeit or stolen items, or any other fraudulent  act;
(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
(d) Violates or breaches any law;
(e) is defamatory;
(f) contains pornographic or obscene materials;
(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
(i) introduce, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or
(j) any other prohibited content as provided under the Content Code.

“Information” referred to herein above includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.
The Company reserves the right to remove any items or contents that it deems in violation of the above, at its sole discretion.
The User shall comply with the Company’s Rules of Advertising.
The User is solely responsible for the accuracy of the said Information.

4. Intellectual Property

4.1 Copyright
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content”) are works protected under the Government of Nepal copyright laws. Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:

4.1.1 modifying, copying, distributing, transmitting, displaying, performing, reproducing,
publishing, licensing, transferring, downloading, posting, creating derivative works
from, framing and using on any other website, the Content; and

4.1.2 transferring and / or selling any information, software, user list, database or other lists,        compilations, products or services provided through or obtained from the Company or
from the Site including but not limited to, the texts, graphics, logos, photos, audio files
and visual files.

4.1.3 No part of the Content may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, for republication, distribution,
assignment, sublicense, sale, and preparation of derivative works or other use other
than for the User’s personal use only. The User further agrees that he or she will not
infringe the Company’s copyright by any method or manner now known or as may
exist in the future.

4.1.4 The User hereby agrees to assign absolutely to the Company all title and interests
relating to copyright in the listings and advertisements posted on the Site, including
but not limited to texts, graphics, drawings, layouts and photographs (‘the Assigned
Works’).

4.1.5 The User hereby warrants that he or she is the copyright owner in the Assigned Works
and any marks reproduced by the User on the Site and shall indemnify the Company
from any claims by any third party arising from the ownership of the Assigned Works
or marks.

4.1.6 All photographs used in any listings and advertisements and posted on the Site will be
endorsed with the Company’s watermark seal (the “Watermark”). The Watermark shall
not at any time be removed, altered or tampered with.

4.1.7 The Company takes a serious view of intellectual property right infringement and will
not hesitate to take action including commencing legal proceedings against any
person for such infringement. The Company aggressively enforces its intellectual
property rights to the fullest extent of the law.

4.2 Domain Name
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.

4.3 Trademark
Buymandu.com and its logos are trademarks or registered trademarks of the Company. Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.

5. Fees and Payments
The usage of the Buymandu website is essentially free of charge. However, Buymandu reserves the right to charge fees for special services and site features as well as the publication of online advertisements under specific/certain categories on the site.

If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Nepalese currency, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site.

We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owned using other collection methods.

6. Content
Buymandu Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Buymandu Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify our designated copyright agent at Buymandu Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

7. No Agency
Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between Buymandu and any Seller, Buyer or other Users of this Site or the Services.

8. Disclaimers and Limitations of Liability
The Buymandu Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the stuff on the Buymandu Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services.

Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.

We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Buymandu, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees.

For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

9. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

10. Privacy
Buymandu has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. You must read and accept the Privacy Policy upon registration in order to use the Site, and you will continue to be bound by its provisions (and any amendments Buymandu make to the Privacy Policy) while you are a member of Buymandu.

11. Notices
Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to Buymandu during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, Buymandu may give notice to the User by pre-paid ordinary post to the address provided to Buymandu during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

12. Email Address of Users 
Users are required to submit a valid email address to the Company to post advertisements on the Site.The email address of the User shall not be publicly displayed on the Site. Other Users may contact the User through the Site.

13. Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Buymandu does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Buymandu is transmitted at your own risk. Nevertheless, once Buymandu receives your transmission, it will take reasonable steps to preserve the security of such information.

14. No Warranty 
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company’s control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result.

The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchant ability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.

The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User’s own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.

15. Termination and Suspension
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.

16. Links to Third Party Websites 
The Site may contain links and/or references to other websites (‘Third Party Websites’).
The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites. Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company. In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.

17. Release
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

18. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Nepal, and shall be subject to the non-exclusive jurisdiction of Nepal courts.

Questions, remarks and complaints may be sent to us through our contact form.
 

Feel free to visit our Blog for more information.