Welcome to (hereinafter referred to as “Website”, “Site”, “We”, “Us”, “Our”), owned and operated by Sakchha Technology Pvt Ltd. The website is offered should be to you based on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Our website provides an online platform/marketplace which connects service providers hereinafter referred to as “Sellers” and entities/individuals which require Services (hereinafter referred to as “Buyers”) (“Sellers” and “Buyers” shall collectively be referred to as “Users” or “You” or “Your”). We offer an online service platform where we allow the Buyers to post leads/service and search for providers or Services of various kinds. The Sellers can apply for the services posted by the Buyers and, depending on the Sellers application, Buyers can negotiate, hire, and enter into transactions/agreements with Sellers (collectively the “Services”). Our website acts as a facilitator, and all commercial/contractual terms are offered by and agreed to between Users alone. Users understand and agree that we are not a party to any agreement entered between Users. We have no control over the conduct of Users using our site and Services and disclaim all liability in this regard.
BY CLICKING ON THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. YOUR USAGE OF THIS WEBSITE SIGNIFIES YOUR ASSENT TO THE FOLLOWING BINDING AGREEMENT.
IN USING THIS WEBSITE, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS, AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO, AND ACCEPTANCE OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” Unless the context otherwise requires, the terms “herein,” “hereof,” “hereto,” “hereunder,” and words of similar import refer to the Terms as a whole.
1.2 “Sakchha.com” means the online service posting platform and the Services provided by it and its affiliates owned and operated by Sakchha Technologies Pvt. that allows Buyer to post leads/Services required by them for which Sellers can apply/submit their proposals where the Buyers can negotiate, hire, and enter into transactions/agreements with the Sellers via the website.
1.3 “Buyers” shall mean the person or any legal entity who/which requires certain Services and posts leads/services in relation to the Services required by them.
1.4 “Sellers” shall mean individuals who are searching for services and post their profiles on our website in order to get hired by the Buyers.
1.5 “Leads” or service listing shall mean and include any kind of service or job in any field that can be carried out remotely (i.e. professional Services such as Book Keeping, Web Design, Tutoring, etc.
1.6 “Users” shall mean and include both Buyers and Sellers who create an account on our website in order to use or access the Services provided on this Site.
1.7 “Listings/Postings” shall mean the leads/services, profiles, etc. listed/posted by the Buyer and Sellers on our website.
1.8“Account” shall mean the accounts created by the Users on our website in order to use the Services provided by us, and these require information such as email address, name, contact number, and password.
1.9 “Content” shall mean text, graphics, images, music, audio, video, information, or other materials.
1.10 “User Content” shall mean all Content that a user posts, uploads, publishes, submits, or transmits to be made available through our website.
1.11 “Sackchha.com Content” shall mean all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding User Content.
1.12 “SNS” shall mean Social Networking Site such as Facebook, Twitter, Instagram etc.
2.1 Our Services are available only to and may only be used by individuals who can form legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
2.2 Without limiting the foregoing, the website is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User and/or availing our Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old. Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. Our Site reserves the right to terminate and/or refuse to provide you with access to the Site if it is brought to the Site’s notice or if it is discovered that you are under the age of 18 years.
2.3 If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
2.4 Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time.
3.1 It is mandatory for the Users to create an account on our website in order to use our Services.
3.2 In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or Twitter or Google accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers, and we disclaim any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such Third-Party Accounts.
a) In order to use the Website or the Services, you must register for an account with us (an “Account”) and provide certain personal information including personal information such as email address, name, contact number, and password.
b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lowercase letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.3 You agree to provide and maintain accurate, current, and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
3.4 When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is subject to rights of another person without appropriate authorization;
c) Use a username that is subject to rights of another person without appropriate authorization;
d) Use a username that is offensive, vulgar or obscene, or otherwise in bad taste.
3.5 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at Contact Us.
3.6 You may not transfer or sell your Sakchha.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
3.7 Our Services are not available to temporarily or indefinitely suspended Users. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
3.8 One individual/entity can own only one account in his/her/its name.
3.9 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents listed on the Website as well as all other operating rules, policies, and procedures that may be published from time to time on the Website by Company.
4.1 Our website offers an online service listing/posting platform wherein Buyers can post jobs/services, search for providers or Services of various kinds, and hire and enter into transactions and contracts with Sellers as per their needs and requirements.
4.2 Our website allows Buyers to create their profile, post leads/services, search for Sellers, discuss the proposals with Sellers, negotiate with Sellers, award services, manage services, communicate, hire and enter into transactions with Sellers for the leads/services assigned to them, pay the Sellers for the Services availed, and leave ratings and feedback for Sellers.
4.3 Our website allows Sellers to create their profiles, submit proposals, provide an overview of their capabilities, list recommendations, discuss and negotiate with Buyers, get hired by Buyers, carry on services assigned to them by Buyers, submit reports, Invoice, receive payments from one of the suggested payment methods from Buyers, and obtain feedback from Buyers.
4.4 Our website acts as a marketplace between Buyers and Sellers and shall not be held liable or accountable for any damages that occur when Job Seeker is rendering his/her Services. Our site does not screen or censor the lead/service postings/listings offered. You assume all risks associated with dealing with other users with whom you come in contact through our site.
4.5 Our website has the right to display third party advertisements on the website and shall also send such advertisements to its registered Users which shall not at any time be considered as Spam.
5. SERVICE POSTINGS AND USER PROFILES
5.1 Any service/job postings and/or user profiles created on our website:
(a) shall not be fraudulent;
(b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
(c) shall not violate any law, statute, ordinance, or regulation including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising;
(d) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
(e) shall not be obscene or contain child pornography;
(f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
5.2 A user can post material, documents, comments, and any other content related to the services or service/job applications on the Site as long as the same does not infringe or threaten to infringe any intellectual property rights of any other person or entity, contains viruses or trojans or worms or likewise which hampers the functioning of the Site, is libelous or obscene or defamatory or religiously inflammable, or in any way hampers the reputation or goodwill of the Site. Users cannot post any employment ads violating the antidiscrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation.
5.3 You shall compensate and indemnify, defend and hold harmless the Indemnified Parties (as defined hereunder) from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments or causes of action, assessments, interest, penalties, and other costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) based upon, arising out of, or in relation to or otherwise in respect of any objectionable content (including but not limited to pictures or videos) of any nature whatsoever uploaded on the Site by the User.
5.4 You agree and accept that all the jobs and other content posted on the Site by you or otherwise made available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to you. You understand and agree that any such jobs and messages may be used by the Site or our affiliates without review or approval by you for any purpose whatsoever and in any medium, including our print media, if any. You grant the Site the irrevocable right to amend, alter, change, or modify the same without your approval for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
5.5 You agree that you will not delete or revise any material posted by any other user or use any automated device, spider, robot, crawler, data mining tool, software, or routine to access, copy, or download any part of the Site or send messages or engage in disruptive or damaging activities online or gain or attempt to gain unauthorized access to non-public areas of the Site.
5.6 You are entirely responsible and liable for any content you post or any job that is posted through your Account. While the Site may or may not pre-screen, monitor, or approve any content, the Site shall have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit, or delete any ad or other content for any reason whatsoever.
6. OUR WEBSITE AS A PLATFORM
6.1 Our website does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. Users are advised to independently verify the bona fides of any particular User that they choose to deal with on the Website and use their best judgment in that behalf.
6.2 The Website is only a venue through which Users can reach a larger base to post services, search for Sellers, and get hired by Buyers. We are only providing a platform for communication to the Users.
6.3 We neither guarantee any employment to Sellers nor Buyers their required candidate to perform the Services required and posted by them on our website. We shall not guarantee, refer, endorse, recommend, verify, or evaluate any advice, information, or other Services provided by Users. We not guarantee the validity, accuracy, completeness, safety, legality, quality, or applicability of the content on the Site and anything written by Users on our website, including any information contained in a User’s postings and/or profiles.
6.4 You release and indemnify us and/or any of our shareholders, directors, officers, employees, and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, our website cannot control the information provided by Users which is made available on the Website. You may find another User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons, or people acting under false pretense.
6.5 You acknowledge and undertake that you are accessing the Services on the Website and transacting at your own risk and are using your best and prudent judgment before availing any Services through the Website.
6.6 When a Sellers provides his/her services to a Buyer, the Seller is acting on his/her sole behalf and is not a representative or agent of our website or our affiliates.
7. NO RESPONSIBILITY
7.1 We shall not be involved in any transactions between Users.
7.2 Our website does not review or verify the information or representations set forth in the Users’ profiles, as they are self-reported by the Users. Our website makes no guarantees, promises, warranties, or representations of any kind regarding the skills or representations of such Users.
7.3 We are not a party to the dealing, contracting, and fulfillment of any service/job between Users. We have no control over and do not guarantee the quality, safety, or legality of any Services performed or deliverables created, advertised, the truth, or accuracy of lead/service postings/listings, the qualifications, background, or abilities of Users, the ability of Seller to perform Services, the ability of Buyers to pay for Services, or that a Seller can or will actually complete a Job/Service.
7.4 We are not responsible for and will not control the manner in which a freelancer operates and is not involved in the hiring, firing, discipline, or working conditions of the freelancer. All rights and obligations for the purchase and sale of Services or other deliverables are solely between the Users. Customers and freelancers must look solely to each other for enforcement and performance of all the rights and obligations and any other terms, conditions, representations, or warranties associated with such dealings.
8. SEPARATE AGREEMENT BETWEEN USERS
8.1 The Users agree that they shall enter into a separate agreement when hiring and getting hired for the job posted on our website and our website shall not be a party to such separate agreement. The Service provider shall deliver the Services and deliverables in accordance with the said separate agreement which includes the payment, job description, and other terms and conditions agreed between them on our website. The users shall not enter into any agreement in violation of these Terms of Service and any such provision in conflict with these Terms of Service shall be void.
8.2 We shall not be responsible or liable for any work done or not done by the Service provider and the Buyer alone shall be responsible and liable for getting the work completed in a satisfactory manner, making payments, etc. which shall also be covered in the separate agreement entered by and between the Users. Any and all job-related terms such as completion of work, inspection of work, payments, timely deliverables, quality of work, etc. shall be governed by the said separate agreement entered by and between the Users and our website shall not be a party to any such separate agreement.
9. OBLIGATIONS OF USERS
9.1 Users shall not make arrangements outside of this platform in order to have any paid relations or any contact with each other contacted through our website.
9.2 Users grant us an unlimited, irrevocable, royalty free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any content posted by them on a worldwide basis.
9.3 Users shall not take any actions that may undermine, disrupt, or manipulate the integrity of the User feedback system on the Site.
10.1 The final amount payable by the Buyer to the Seller (as per the separate agreement entered by and between the users) for availing his/her Services shall be mentioned in the Fees and Charges page on our website.
10.2 The Buyers shall be required to make payments to the Sellers only for which Service Provider and Buyer agreed amount.
10.3 Once the Seller completes the job assigned to him/her by the Buyer as per the separate agreement signed by both of them then the Seller shall close the lead and provide feedback for the Seller.
10.4 Once the Invoice is accepted by the Buyer then the Buyer shall pay the amount/fee as per the selected method of payment from the options provided by the Buyer which could be PayPal, Credit Card or Bank Transfer.
11. USE OF THE WEBSITE
11.1 You understand and agree that the Website merely provides hosting Services to its Users. All services, profiles, etc. posted/advertised/listed and the contents therein are posted, advertised, and listed by Users. Our website neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. We have no control over such contents and do not provide any guarantee with respect to any such content, and our website shall not be held liable for any loss suffered based on your reliance on or use of such data/content.
11.3 You shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
11.4 You shall not create liability for us or cause us to lose (in whole or in part) the Services of our internet service provider (ISPs) or other suppliers;
11.5 You shall not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
11.6 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
11.7 You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
11.8 You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of our website or sellers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks or any systems or networks connected to us.
11.9 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
11.10 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent someone else or impersonate any other individual or entity.
11.14 It is possible that any of the user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
11.15 We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through groups of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All right, title, and interest in and to the website (excluding postings/content provided by the users) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other laws of Nepal. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. Any feedback, comments, and suggestions you may provide regarding the website (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Sakcha.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
13.2 The Sakchha.com names and logos and all related product and service and our slogans are the trademarks or service marks of Sakchha.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
13.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and other written materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by copyright laws of Nepal. The Contents and software on this Site may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Nepal. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Copyright laws of Nepal.
13.4 If you learn of any unlawful material or activity on our website or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
13.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
13.6 While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our website to do the same. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the information as stated in clause 13.4 above.
14. YOUR RIGHTS AND LICENSE TO CONTENT
14.1 You retain your rights to any Content you list, post, or upload on our website. By listing, posting, or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, and transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the website and in accordance with these Terms.
14.2 You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
14.3 You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following:
(a) your use of or access to our website;
(b) your provision of any Content or other information to or through the website;
(c) any third-party claim that any Content you provide infringed, misappropriates, or otherwise violates any Rights;
(d) your violation of any of these Terms.
15. REVIEWS, FEEDBACK, SUBMISSIONS
15.1 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
15.2 We are and shall be under no obligation:
(1) to maintain any Comments in confidence;
(2) to pay you any compensation for any Comments;
(3) to respond to any Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
15.3 Our website does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Users agree to defend, indemnify, and hold harmless our website, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings, or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws and regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
17. LINKS TO OTHER WEBSITES
Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and do not control and are not responsible for any of these Websites or their content. We do not endorse or make any representations about them or any information or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risk.
18. NO RETURN OF FUNDS
Client acknowledges and agrees that the website will not be liable for any return of funds for the services purchased through this website.
19.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement shall survive.
19.2 Depending upon the nature of termination, we may close, suspend, or limit your access to your Account:
If we determine that you have breached or are acting in breach of this User Agreement;
If we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
If we determine that you have engaged or are engaging in fraudulent or illegal activities;
You do not respond to account verification requests;
You do not complete account verification when requested within 3 months of the date of request;
To manage any risk of loss to us, a User, or any other person;
For other similar reasons.
19.3 If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as ascertained by us.
19.4 Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
19.5 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
20. CLOSING YOUR ACCOUNT
We allow you to close your account with us if you send us a request for the same at Contact Us. However, you must not have any outstanding payment, dispute, listing, or any other matter unresolved with us or third parties through our website.
21. INACTIVE ACCOUNTS
We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left (if applicable). We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
22. LIMITATION OF LIABILITY AND DISCLAIMERS
22.1 The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
22.2 The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable, and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our Website, Services and tools;
Delays or disruptions in our Website, Services, or tools;
Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our Website, Services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account.
22.3 To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Site, its Services, or this User Agreement.
22.4 Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the Services availed by you. Our website, its associates, and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site and/or any interruption or errors in the operation of the Site.
23. MODIFICATION OF TERMS & CONDITIONS OF SERVICES
We may at any time modify the Terms & Conditions of Use of the website without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
24. CHOICE OF LAW
24.1 This Agreement shall in all respects be interpreted and construed with and by the laws of Nepal.
24.2 Users agree to submit to the exclusive jurisdiction of the courts Nepal Supreme Court, in relation to proceedings arising out of this agreement.
25. RESOLUTION OF DISPUTES AND JURISDICTION
25.1 Disputes with our website:
a) Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Kathmandu using the Englishlanguage in accordance with the Arbitration Rules and Procedures of Nepal then in effect.
b) The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith.
c) The decision of the arbitration shall be binding on both users and us.
d) Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and we agree that any cause of action arising out of or related to the Site (including, but not limited to, any Services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
25.2 Disputes amongst Users or Third Parties:
a) Both parties (Buyers and Sellers)must review proposed settlement terms. When one party opens a dispute and proposes terms, the other party has three days to respond. If they do not respond, the dispute will be settled in the first party’s favor under the proposed terms.
b)Both parties must provide evidence to support their cases. Only the communication that has been used on our system will be considered as evidence and we do not accept any communication as evidence that takes place outside our platform. Once a dispute goes to arbitration, each party has three days to submit evidence. All evidence must be provided in a single message to sakcha.com arbitrators. If one party does not submit evidence within the three-day window, the dispute will be settled in the other party’s favor.
c) Both parties must respond to any questions from arbitrators. Failure to respond within three days will cause the dispute to be settled in the other party’s favor.
d) Both the parties agree that the decision of the arbitration hereunder shall be binding on both Buyers and Sellers, and the parties agree to follow the said arbitration process in case of any dispute amongst themselves.
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity, or any other security breach pertaining to the Website, your Account, or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
28. USER AGREEMENT AS DEFENSE
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
29. CLASS ACTIONS ARE BARRED
You expressly agree that you will not bring any class action against us unless we agree to such proceedings against us. Unless both parties agree, the arbitrator shall not consolidate or join the proceedings against us or you as a class of users.
30.1 Any notices must be given by visiting to the link provided here Contact Us.
30.2 In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
31. OUR SERVICE AND GUARANTEES
Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer, or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.
32. FOREIGN JURISDICTION
The Services of our website are available globally. By agreeing to our policy, you warrant that it is completely legal to use our Services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents, or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our Services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
33. FORCE MAJEURE
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies which has happened due to circumstances beyond our reasonable control, which includes but is not limited to natural disasters such as floods, earthquakes, pandemics, acts of god, war, terrorism, religious or other riots, economic and technological embargoes, etc.
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts.
36. NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement or the failure to require at any time performance by you of any of the provisions of these provisions shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
37. ENTIRE AND UNMODIFIED AGREEMENT
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitutes the entire agreement between you and the Site and cannot be modified by you. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
38.1 Our website’s team may send you information about offers, notices, letters, and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at Contact Us.
38.2 You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.