HOUSE LAND PRIVATE LIMITED
TERMS OF SERVICE
These terms of service (hereinafter referred to as “Agreement”) shall constitute a legally binding agreement between you and House Land Private Limited (hereafter referred as “the Company”) regarding your use of the website houseland.com.np (hereafter referred as “the Site”) and any services offered by the company (hereafter referred as “the Service”). By using the Service, you agree that you have read, understood, accepted and agreed with the terms and conditions states herein. If you do not agree to or fall within the terms and conditions of the Service and wish to discontinue using the Service, You shall discontinue the use of the Service.
When you use any of the services provided to You by the Company, You expressly acknowledge and agree to be bound by the terms and conditions, policies applicable to such service and any future amendments and additions to this Agreement as published from time to time.
- DEFINED TERMS
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- The term “Agreement” would mean to include the completed application form, its attachments and the terms and conditions stated herein. It shall be deemed to have been executed in Nepal.
- The term “Company” shall mean House Land Private Limited, a company involved in the business of providing internet platform services for purchase and rental of residential and commercial space having its registered office at Kathmandu Metropolitan City, Ward No. 6, Mulpani, Kathmandu, Nepal along with its unit for the Company’s website household.com.np.
- The term “Date of Commencement” would mean the date indicating the acceptance of the application by the User to the Service.
- The term “Date of Termination” would mean the date of expiry mentioned in the notice.
- The Site “Houseland.com.np” would be the internet website of the Company.
- The terms “You or User” would mean an individual or corporate subscriber who access or avail this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site of the Company.
- The term “Parties” would include both, the User and the Company collectively.
The Company provides a number of internet-based services through its platform and shall include:
- Finding a property/ a broker through houseland.com.np.
- Posting User profile or listing for the purpose of sale/rental of property, and related property services, etc.
- Placing safe transaction tips for buying and selling of the property and listing the requirement of other essential documents.
- Posting advertisements on houseland.com.np.
The Services can be purchased through various methods of payments offered. The purchase of Services shall be additionally governed by specific policies of sale like payment and refund clause, cancellation clause, etc. issued by the Company from time to time.
- SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
3.1 You shall agree not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to the Company unless the User submitting such a listing/ advertisement has acquired and received all necessary rights and authorizations from the owner of such property, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said property on the User’s website or on the Company’s website. The Company shall not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners posted on its website by its customers.
3.2 You shall, at all time, remain in compliance with all the applicable laws in relation to the property in the listing and disclose all the material information including the present status and nature of such property. Additionally, the User shall agree to allow the property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied and otherwise referred to by users of the User’s website or the Company’s website. The User shall agree:
- To represent and warrant that all the properties and associated information provided by the User will be accurate.
- The User will not permit the posting of property on the Company’s website under a name of other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard.
- REPRESENTATION AND WARRANTIES
4.1. By using the Service, You expressly represent and warrant that You are legally entitled to accept and agree to the terms and conditions and that you are eighteen (18) years old and above. This Service shall not be made available to anyone who has not attained the said age or in incapable of entering into a contractual relationship for any reason whatsoever.
4.2. Your use of the Service is for your own sole, personal use. You hereby accept not to authorize others to use your identity or user status, and you may not assign or otherwise transfer or sell your user account to any other person or entity.
4.3. You may only access the Service using authorized and legal means. The Company shall not be held responsible or liable if You do not comply with the terms and conditions.
By using the Service, you agree that:
- Any data entered on the Site will be subject to mandatory verification process by the Company.
- Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
- The User shall be solely responsible for all information retrieved, stored and transmitted by him.
- The User shall keep confidential and not disclose to any person the User’s password and User identification and all activities and transmission performed by the User through his User identification.
- The User shall be responsible for all the activities that occur his/its display name and password.
- The User agrees to immediately notify the Company of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
- The User shall immediately notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
- The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by the Company as deemed fit by them. You are only allowed to download one copy of the material made available on the Site for your own and not for commercial purpose.
- The User will indemnify the Company for any action or claim committed/made by any third party resulting from any information posted on the Site by the User or/and anybody else on his behalf and account.
- The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Company however shall endeavor to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
- The User shall take a prior written permission to create a hyperlink (a technical command that refers to the Company’s Site) of the Site. Requests to add a hyperlink can be sent to firstname.lastname@example.org.
- PAYMENT AND REFUND CLAUSE
- Payment for the services offered shall be on 100% advance basis. Once the payment for service is made, the same shall not be refundable and any amount paid shall stand appropriated. Refund will be at the sole discretion of the Company only.
- User acknowledges and agrees that the Company at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a user, against any amount(s) payable by user to the Company under any other agreement or commercial relationship towards other products/services.
- The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- 50% payments for the Services offered by the Company shall be on the activation/administration fees and the rest 50% shall be refunded on pro-rata basis, considering the usage of the Services.
- The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of the Company.
If You utilize the Company’s Site in a manner inconsistent with these terms and conditions, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
- CANCELLATION CLAUSE
6.1 The Company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.
- Transactions on the Site are secured and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/ Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary, including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
- The User further shall agree that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the Company immediately via telephone or/and concurrently in person provide the Company with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
- The User shall not use any software to automatically download or/and extract either a complete or/and partial listing from the Site without prior consent from the Company in writing.
- USE OF INFORMATION
8.1 A User agrees to treat all information obtained from the Service to become the sole and exclusive property of the Company and the User shall have no claims to the same. If the User has contributed any content to the Site in any manner whatsoever, all intellectual rights to the same shall become the absolute property of the Company. In case of an infringement of the intellectual property rights of the Company, the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
8.2 A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
- INTELLECTUAL PROPERTY RIGHTS
9.1 Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Site and other distinctive brand features of the Site are the property of the Company. Furthermore, with respect to the Site created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Site.
- RESTRICTIONS AND PROHIBITIONS
10.1 The following actions will inter alia constitute a misuse of the Company’s Terms of Service and are strictly prohibited:
- Allow any person other than the authorized person(s) named in the application form to use the Service.
- Resell or assign his/its rights or obligations under these Terms of Service. User also agrees not to make any unauthorized commercial use of the Service.
- Use service for any unlawful and fraudulent purpose which doesn’t comply with the applicable laws relating to the Services.
- Print, download, copy, delete, vary, amend or use any data or personal information posted by any User on the Site except such data and information which is posted by the particular User himself/itself.
- Send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
- Post any information or content on the Site, which directly or indirectly cause any threat or harassment or any other inconvenience of whatsoever nature.
- Infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
- Violate or attempt to violate the security of the Site and/or any web sites linked to houseland.com.np or gain un-authorized access to any information regarded as private by other User(s) which the User is not authorized to access, attempt to probe, scan or test the vulnerability of a system or network or attempt to breach security or authentication.
- Use of other internet service to send or post SPAM to drive visitors to your site hosted on or through houseland.com.np site, whether or not the messages were originated by you, under your direction or by or under the direction of a related or unrelated third party.
- 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 Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform.
- Host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to Child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty , friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause.
- LINKS TO THIRD PARTY
11.1 The Company may provide links to other third parties, yet not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods. The third party website that may be linked to us is not maintained or controlled by us.
11.2 The Company does not: (a) Make warranty, express or implied, with respect to the use of the links provided on or to Our Site, (b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to Our Site, (c) Make any endorsement, express or implied, of any other websites that may be linked to Our Site, (d) Accept liability for any damage or loss, however caused, in connection with the use or reliance on any information, material, products or services contained on or accessed through any linked website.
- LIMITATION OF LIABILITY
12.1 User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
12.2 The Company takes no responsibility/liability whatsoever for shortage or non-fulfilment of the service/s on Company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc. against the Company for “Deficiency of Service”. The Company shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the User personally.
The Company may, without notice in its sole discretion, and at any time, terminate the Agreement without assigning any reason whatsoever if,
- in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and;
- in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and;
- the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.
14.1 Submissions and unauthorized use of any information(s)/materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone shall be responsible for your actions or the actions of any person using your user name and/or password.
14.2 You agree to defend, indemnify, and hold harmless, the Company, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Service or any applicable law.
13.3 The Company will not be party to any legal proceedings between parties contracted through these Services. In case the Company is sought to implicate in any legal proceedings, costs will be recovered from the party that names the Company as a party to such proceedings. The Company shall abide with any court order served on it through due process.
15.1. You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations of the company which are disclosed to You by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by You from the Company or created in the course of this Agreement.
15.2. You are forbidden from promoting competitors applications, giving out coupons and suggesting any other forms of discount to the user.
The Company shall not be responsible for the loss incurred by you due to delay in the service, and other problems inherent in the use of the internet and electronic communications including the device used by You being faulty or out of reach.
The Company shall give notice by means of a general notice to your email address in the record of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting or one (1) hour after sending of email. You may give notice to the Company by letter sent by courier or registered mail to the Company using the contact details as provided in the website of the Company.
This Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
The Company shall reserve the right to modify, vary or change the terms and conditions of this Agreement and/or its policies relating to the Service at any time as it may deem fit. Such modifications, variations or changes to the Terms of Service policies relating to the Service shall be effective upon publication by the Company. You agree that it shall be your responsibility to review this Agreement to look for such modifications, variations or changes. The failure to do so shall still constitute your consent and acceptance to such changes.
- JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION
The obligations, performance, interpretation and contents of this Agreement shall be governed by laws of Nepal. Each Party irrevocably and unconditionally submits to the jurisdiction of the competent courts of Nepal. In case of any dispute(s) arises in course of execution of this Agreement, the Parties shall settle such dispute(s) amicably and if such dispute is not settled by amicable means within thirty (30) days of the notice of such dispute, the Parties agree to submit the dispute(s) to the jurisdiction of the competent courts of Nepal.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs as may be in force and in connection with any future taxes that may be introduced at any point of time.