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.
"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.
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.
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
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.
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.
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.
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.
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
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.
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.
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.
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
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.