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User Agreement
These are the terms and conditions governing your use of
www.nepbay.com. This agreement is effective upon acceptance in
registration for new Nepbay users. Nepbay may amend this agreement
at any time which shall be updated in the website. It is strongly
recommended to the new users to read the User agreement and
Private policy thoroughly before
going further with the registration.
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Definition of
terms
"Nepbay"
is an online-based shopping system that allows the users to bid, buy
and sell products. The users must be fully aware of its meaning of
existence and hence abide by its rules and regulations.
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Members
Eligibility
Use
of the Site is available only to persons who can form legally
binding contracts under applicable law. If you are a minor i.e.
under the age of 18 years, you cannot register as a member of the
Site and cannot sell, purchase or bid for any items on the Site.
Nepbay reserves the right to terminate your membership and refuse to
provide any further access to the site if Nepbay discovers that you
are a minor i.e. under 18 yrs. The Site is not available to persons
whose membership has been suspended or terminated by eBay. If you
are registering as a business entity, you represent that you have
the authority to bind the entity to this Agreement.
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Conditions of
use
Users are assumed to acknowledge that:
i)
Nepbay are not insured by any government agency
ii)
It is not subject to banking regulations
3.1
Your account and Registration obligations
You must:
i)
Provide true, accurate, current and valid information about
yourself.
ii)
You must not include any of your contact details such as
email addresses etc in your username; and
iii)
Maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete then Nepbay
has reasonable grounds to indefinitely suspend or terminate your
membership and refuse to provide you with access to the Site.
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Fees and
Services
Membership on this site is free. It does not charge any fee for
browsing, bidding and buying on the Site. You are responsible for
paying all fees associated with the use of the Site and you agree to
bear any and all applicable taxes, charges etc. levied thereon.
Nepbay also reserves the right to take legal action in case of
non-payment of fees by you to eBay.
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Content
License
When you give us content, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right to exercise the copyright, publicity, and
database rights (but no other rights) you have in the content, in
any media known now or in the future. We need these rights to host
and display your contents.
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Sabaiko Media
and Pay Nepal
Nepbay is incorporated with Sabaiko Media. Payments for certain
items on the Site can be made through the online payment facility
provided called Pay Nepal.
As
a Buyer using Pay Nepal for making payments on the Site you agree to
be bound by the terms and conditions governing the use of Pay Nepal
for making payments to Nepbay registered Sellers.
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Privacy
We
do not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent and we only
use your information as described in the Privacy Policy. We view
protection of users' privacy as a very important community
principle. We understand clearly that you and Your Information is
one of our most important assets.
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Indemnity
You
will indemnify and hold us (and 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 this Agreement, or
your violation of any law or the rights of a third party
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Breach
We
can terminate you membership or access to your account if:
1.
If you breach the User Agreement or the documents it
incorporates by reference;
2.
If NepBay is unable to verify or authenticate any information
you provide; or
3.
If it is believed that your actions may cause legal liability
for you, other Users or Nepbay
NepBay may at any
time at its sole discretion reinstate suspended Users.
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Bidding and
buying
Nepbay strongly
advises you not to test the site with false bids/purchases, as it
will put you at substantial personal legal risk. It is a crime to
use a false name, other false personal information or a known
invalid Credit Card to bid. Willfully entering erroneous or
fictitious bids may result in prosecution by Nepbay.
Please be aware that
even if you do not give Nepbay your real name, your Web browser
transmits a unique address to us, which can be used by law
enforcement officials to identify you.
As buyers on the Site
we encourage you to post feedback on the seller after the auction is
closed.
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Buyer
Protection Program
12.
Electronic Communications
When you visit the Site or send emails to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. We will communicate with you by email or by
posting notices on the Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing.
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No Warranty
You
expressly agree that your use of the Site is at your sole risk.
Nepbay and its suppliers provide the Site and services "as is" and
without any Warranty or condition, express, implied or statutory and
specifically disclaim any implied Warranties of title,
merchantability, fitness for a particular purpose and
non-infringement
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Arbitration
If
any dispute arises between you and Nepbay during your use of the
Site or thereafter, in connection with the validity, interpretation,
implementation or alleged breach of any provision of the User
Agreement, the dispute shall be referred to a sole Arbitrator who
shall be an independent and neutral third party identified by Nepbay.
15. Governing Law
The User Agreement shall be governed and construed in accordance
with the laws of Nepal
16.
Auction Close
An auction will be considered as successfully closed if it receives
at least one bid prior to the Auction End Date i.e. the date and
time (as specified in that particular auction) beyond which bids
shall not be accepted. Notwithstanding the foregoing, a reserve
auction will be considered as successfully closed if at least one
bid above the Reserve Price is received prior to the Auction End
Date.
Immediately after any auction is successfully closed an e-mail is
sent to both the Winning bidder and the seller providing each of
them the contact information of the other party (contact phone
number if allowed by them when bidding/selling) to enable them to
get in touch with each other to fulfill the transaction. Please note
that the contact information that will be sent out will be the
information that is provided by the Users in their Registration Data
on Nepbay.
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