Terms of Use

The terms and conditions set forth below governs the terms of use of this Nepali Times website (“the Site”). By using the Site you, or, if you represent an entity or other organisation, that entity or organisation (in either case “you” or “your”) have read and agreed to our Terms of Use detailed below and Privacy Policy, https://www.nepalitimes.com/privacy-policy/(“Policy”). Please read them both carefully. If you do not agree with either the Terms of Use or Privacy Policy, please exit the Site or any site affiliated with the Site. The Terms of Use and Policy apply to the Platform owned and operated by nepalitimes.com(“us,” or “we”) or its subsidiaries or affiliates. Nepali Times reserves the right to deny access to the Site to any person who violates the Terms of Use.

  1. Scope of Use

1.1 Your use of this website is for the purposes of utilising Company’s online platform to view its reports, articles, data and overall general content and also includes viewing  listings of advertisers and users, using technology to give access to advertisers of that media, licensing its intellectual property technologies to other companies’ worldwide, and distribution of media across channels. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Proprietary Rights in Site Content; Limited License All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of the Company, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

  1. Eligibility to Use the Website

2.1 The Website is provided for online viewers over the age of 13. Scammers, hackers promoters of unauthorised content will be barred from the website and prosecuted to the full extent of the law.

3. Operation of the Website.

3.1 The Website provides a marketplace for the viewers to read our reports and articles online and to subscribe to Nepali Times’ membership.

3.2 The role of Nepali Times is expressly limited to making the Website available its viewers and maintaining the Website.

3.3 Nepali Times neither accepts responsibility, nor is it liable in any manner for any negligence, misconduct or other inappropriate, unlawful or unprofessional behavior by the viewer in connection with content viewed on the Site.

3.4 The Website is designed to provide the viewer  access to its content as the Nepali Times discovers them. Accordingly, Nepali Times endeavors to verify any information provided by it’s sources and Nepali Times makes no representation with respect to the content or any information related to the Content provided.

3.5 App Store: The Application may be obtained through a third party distribution platform (e.g., the Apple App Store or Google Play App Store) (the “App Store”) and is to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system. The Terms of Use incorporates by reference the terms available at the respective App Store from which you have obtained the Application. You agree that the Terms of Use is between you and Digital First Media, and not with the App Store. The App Store is not responsible for the Application, maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the App Store in connection with the Application (if any). The Application may also be subject to additional terms and conditions and privacy policies, and Digital First Media is not a party to nor responsible for those additional terms.

 

4. Member account, Password and Security

4.1 Registering and using the Website may involve you setting up an account and giving a password.

4.2 By submitting registration information to us through our website, you represent and warrant that all information you provided is valid, complete and accurate, and you will inform us immediately of any updates or other changes to such information.

4.3 You are fully responsible for maintaining the confidentiality of your account and the password, including all activities that occur under your account or password. You agree to immediately notify us of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Nepali Times shall  not be liable for any loss or damage arising from your failure to comply with this Clause 4.

 

5. Content/Activity Prohibited

5.1 Please choose carefully the information you post on the Website and that you provide to other users. You must not misuse the Nepali Times’s website. You will not: send or otherwise post unauthorised commercial communications to users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to others users; post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.

5.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from the website, whether or not the content is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

5.3 Further, your use of our website is subject to the following Rules:

  1. Nepali Times advises you not to reveal any personal information about yourself or anyone else that would allow you to be identified, including but not limited to: telephone number, home address, business address, delivery address or email address.
  2. Nepali Times reserves the right to close user accounts if we believe a user is using proxy Internet Protocol addresses (IPs) as a method to hide the use of multiple accounts or to disrupt any of our services in any way. If you use multiple logins for the purpose of disrupting the community we may pursue legal action against you and close your accounts.
  3. By submitting any material to us, you automatically grant Nepali Times a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, reverse engineer, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
  4. You acknowledge that we are not obliged to publish any material submitted by you.
  5. By submitting any material to us, you agree to use the Website and Community areas in accordance with these Rules and website Terms and Conditions.
  6. If you fail to abide by these Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being brought against your account(s). Action may include any content posted by you being checked before being allowed to browse through the Website or a temporary or permanent suspension of your ability to participate in any or all of the NEPALI TIMES
  7. Nepali Times reserves the right to edit or delete any contribution, or take action against any user account, at any time, for any reason.
  8. If you do not want to grant NEPALI TIMES the permission set out above on these terms, please do not submit or share your contribution to the Site.

6. Copyright Policy

6.1 Copyright and other intellectual property rights in any communications, ideas, or other materials submitted or offered to us by third parties or by you through on or by this website, unless specifically requested by us, shall become our property. This Content could include data, and content displayed on, transmitted through or used in connection with the Site, including, but not limited to, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos and the like, as well as its selection and arrangement (together, the “Content”), is owned the Nepali Times and its affiliated companies or the third party credited as the owner of the Content. All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. You may use the Content online only, and solely for your personal, non-commercial use. You agree that submissions by you to this website must not risk infringing any right of any third party and in addition, you agree that no submissions by you to this website will be or contain libelous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make to the website.

6.2 Copyright Complaints: Nepali Times respects the intellectual property of others and holds no claim to copyrights of Content that is owned by a third party or is in the public domain. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on the Site, please provide to Digital First Media’s Copyright and Intellectual Property Agent supporting documents. The contact email address is provided below.

6.3 You acknowledge and agree that the material and content contained within this website is made available for your viewing pleasure and that you may only download such material and content for the purpose of using this website. Accordingly, we suggest that you do not use this website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trademark, design right or copyright on the Nepali Times’s website.

 

  1. Disclaimer of Warranties.

The service, the content and the information on this Website are provided on an “AS-IS” and “AS ACCURATE” as possible basis. Nepali Times, to the fullest extent permitted by law, disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Website, any information offered on or through the Website or any third party.

 

8. Limitation of Liability and Indemnity

8.1  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NEPALI TIMES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DAMAGES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL NEPALI TIMES MEDIA GROUP, INC OR ITS RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF NEPALI TIMES.

8.2  Arbitration; Waiver of Jury Trial and Class Action; Applicable Law/Jurisdiction

(A) Binding Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, or its breach, which cannot be resolved between the parties through negotiation within thirty (30) days, shall be submitted to the respective arbitrary entity located in the Nepal for mandatory binding arbitration in front of a single arbitrator chosen in accordance with the Rules of such entity. Discovery shall be permitted, but only to the extent that the documents are directly relevant to and needed for fair resolution of one or more of the issues of importance and can be located and produced at a cost that is reasonable in the context of all surrounding facts and circumstances. When the cost and burden of discovery are disproportionate to the likely importance of the requested materials, the arbitrator may deny the requests or require that the requesting party advance the reasonable cost of production to the other side.

(B) Additional Provisions. The arbitrator may not award non-monetary or equitable relief of any sort, nor award damages inconsistent with these Terms. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as necessary to enforce the results of the arbitration or to comply with legal or regulatory requirements. The arbitrator shall render its award in writing and will include the findings of fact and conclusion of law upon which the award is based. The result of the arbitration shall bind the parties and judgment on the arbitrators’ award may be entered in any court having jurisdiction. In addition to any and all other relief to which a Party may be entitled, the arbitrator shall award reasonable attorneys’ fees and costs, including reasonable expert witness fees and costs, to the prevailing Party (should there be one) in any such arbitration.

(C) Waiver of Jury Trial; Individual Basis; Equitable Relief. The parties surrender and waive the right to submit any dispute to a court or jury, or to appeal to a higher court. The parties agree to arbitration on an individual basis. Where enforceable, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OR PERSONS, OR ARBITRATE ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

Notwithstanding the foregoing, nothing in these Terms shall prohibit either party from seeking and obtaining from a court of competent jurisdiction (without necessity of posting bond) injunctive relief in order to preserve the status quo and/or avoid irreparable harm for which monetary damage would be insufficient.

8.3 You agree to defend and indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of or related to the use of the Website by you, for any breach of these Terms and Conditions by you.

8.4 The Nepali Times website may also contain links to other websites, which are not operated by the Nepali Times. When you activate any of these you will leave the website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.

8.5 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.

9. Jurisdiction

9.1 The website is controlled and operated from Nepal. Any terms and conditions concerning the usage of this website will be governed by the Nepali law and any dispute concerning use of this website will be determined exclusively by the Courts located in Nepal..

10. General

10.1 We may change these Terms and Conditions at any time. If any of these Terms and Conditions are invalid or unenforceable, the remainder of these Terms and Conditions shall continue to have full force and effect.

10.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

10.3  If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

10.4 Nepali Times reserves the right to amend, remove or vary the Services and/or any page of this Website at any time and without notice.

11. Privacy Policy

11.1 Nepali Times has created our Privacy Policy to inform users of the website related service/mobile application including the company’s services, advertising, and promotional communications (collectively, the “Website”) in connection with use of the website.

11.2 We will take reasonable steps to protect user privacy consistent with the guidelines set forth in our Privacy Policy.

12. Entire Agreement

12.1 These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Nepali Times. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of the Nepali Times.

 

Editors

Nepali Times

Date Last Updated: July 17, 2018

Contact Information:

Patan Dhoka, Lalitpur | GPO Box 7251 Kathmandu

Email: [email protected]