The terms and conditions set out herein (‘the Agreement’) shall constitute a binding agreement between the User and the Company.

1. DEFINITION

1.1 “Site’ means www.goodjobs.com.np and/or any other websites of the Company.

1.2 “Company” refer to Good Jobs PRIVATE LIMITED (205199/075/076) and/or its related companies.

1.3 “User” refers to an individual, jobseeker or a corporate entity browsing, accessing, viewing and/or using Site.

1.4 “Individual” means any natural person who is capable of entering into a legally binding agreement under the law for the time being in force in Nepal.

1.5 “Corporate Entity” includes any company, association, society, firm, partnership, business entity, or any individual browsing, accessing, viewing and/or using the Site therefore and on behalf thereof.

1.6 “Services” includes any service provided by the Company including:

1.7 “Service exclusion or omission” companies not wishing their advertisements to appear anywhere else other than on GoodJobs.com.np has to provide such information upon the purchase of the package or in writing thereafter.

1.8 “Public Area of the Site” includes message boards, profile, forums, contests and chat rooms.

1.9 “Company’s Privacy Statement” refers to Privacy Policy.

2.0 “User Content” includes any text, messages, profile, compilations, audio, video, images, graphics, drawings, layouts, photographs or any other information provided by the User to Company through email or in any Public Area of the Site.

2. TERMS OF USE

2.1 By using this Web Site and/or the Services, User is deemed to have agreed to be bound by the provisions of these Terms of Use.

2.2 The Company reserves the right to amend the Agreement from time to time for legal or regulatory reasons, or to ensure the proper and smooth operation of the Site. The amendments shall become effective and binding between parties, where upon notification of any such amendments via e-mail sent to the e-mail address provided by the User, or via announcement on the Site, the User continues to access, browse or use the Site and/or the Services. In the event that the User does not agree to the amendments, the User shall undertake to stop and terminate all subscription the use of this Site and/or the Services.

2.3 The legal age to subscribe or register to be an active User shall be 15 years old above.

2.4 The User shall agree to use the Web Site at own risk.

2.5 The User shall not use the Site:-

• to host, display, upload, transmit, modify publish, distribute, share, store, retrieve that contains-
• In violation of any applicable law or regulation.
• Infringe copyright, trademark, trade secrets, privacy or other intellectual property or proprietors right
• harmful, vulgar, obscene, defamatory, obscene, pornographic or any illicit material of any kind in nature;
• any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
• contain software viruses or computer coding design to disrupt, interrupt or destroy Company’s computer system or the Website:

2.6 The User shall not provide and/or cause to be provided any information which:-

• transmit , post, store or destroy material in violation of the applicable law and regulation
• is false, inaccurate or misleading, contains pornographic or obscene materials, defamatory, fraudulent, racist, malicious, propaganda in nature, elements of fear;
• contains malicious malwares/viruses;
• involves the sale of counterfeit or stolen items, or any other fraudulent act;
• is defamatory;
• creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; and/or
• Violates or breaches any regulations, policies and/or procedures of the Site and any law for the being in force in Nepal.

3. INTELLECTUAL PROPERTY

All text, graphics, contents, photograph, images, forms and software on the website is owed by the Company and with the permission from the relevant owners. The Company and the relevant owners own the copyright and Users may not copy, amend or resale anything from the site without written consent from the Company.

4. E-MAIL ADDRESS OF THE USER

4.1 The User shall submit a valid e-mail address to the Company as pre-requisite before the User posts any User Content on the Site and/or joins as a member of the Site.

5. TERMINATION AND SUSPENSION

5.1 Any User whom or which the Company determines has violated any provision of the Agreement may receive a warning notification via email and shall be subject, at the Company’s sole discretion, to a temporary suspension of the services pending such User’s agreement in writing or refrain from any such further violation. Any User deemed to have committed a second violation of any provision of the Agreement shall be subject to an immediate suspension or termination of the Services without further notice.

5.2 Notwithstanding clause 5.1 above, the Company reserves its right to immediately suspend or terminate at its sole discretion the Services to the User without warning and/or notice.

6. NO WARRANTY

6.1 The Company does not guarantee continuous, uninterrupted or secure access to the Site or the Services or operation of the Site.

6.2 The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.

6.3 To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

7. EXCLUSION OF LIABILITIES

7.1 TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT COMPANY, SUBSIDIARIES, ASSOCIATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, SUPPLIERS, AGENTS OR ASSIGNS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR:

• ANY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND / OR LOSSES RELATED TO THIS AGREEMENT INCLUDING ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); OR
• ANY LOSS OF GOODWILL OR REPUTATION; OR
• ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, ACTIONS UNDER THE TORT OF NEGLIGENCE, DEFAMATION, COPYRIGHT INFRINGEMENT, TRADE MARK INDRINGEMENT, PASSING-OFF, INFRINGEMENT OF REGISTERED INDUSTRIAL DESIGNS, PATENT NINFRINGEMENT, BREACH OF CONFIDENCE; OR
• ANY LIABILITY AT COMMON LAW; OR
• IN ANY OTHER WAY.

7.2 Subject to the limitation stated above, nothing in the Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s directors, shareholders, servants, agents or employees.

7.3 For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

7.4 The Company shall not be responsible or held liable in any way should any employer or any third party, whether in Nepal or elsewhere, use the User’s personal data for any other use other than for obtaining potential employees.

7.5 The Company does not represent or guarantee the truthfulness, accuracy, or reliability of the User Content or any other communications posted by the User or endorse any opinions expresses by the User.

8. INDEMNITY

8.1 The User agree to defend and indemnify, hold harmless the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the user’s breach of the Agreement (Including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of any third party.

9. RELEASE

9.1 In the event that one user has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

10. APPLICABLE LAW

10.1 This Agreement shall be governed by and construed in accordance with the laws of Nepal. If any disagreement which progresses legal action taken by you, all legal activities will be subject to the exclusive jurisdiction of the Nepal courts.

11. AMENDMENT IN TERMS OF USE

The Company shall have the right to amend and modify the Terms of Use, Privacy Policy and/or add additional Terms to the Terms and Conditions without giving prior notice to the User and the amendment will immediately take into effect once it’s posted in the Web Site. In the event the User is not agreeable to the revised terms, the User will be required to withdraw or terminate their account and inform to the Company.