DISCLAIMER & TERMS & CONDITIONS OF USE
The use of the Website www.eartsnepal.com, and all other URLs, the constituents of the same website shall be governed by these terms and conditions of use. Hereafter “the Website” refers to as “us or we” and “E-Arts Nepal”. The Website is owned by E-Arts Nepal Private Limited, a company registered under the laws of the Government of Nepal. E-Arts Nepal has the authority to manage the Website. The contract made between the users and E-Arts Nepal shall remain fully within these terms and conditions of use.
AMENDMENT OF THESE TERMS & CONDITIONS
E-Arts Nepal has the sole right to change and modify the terms and conditions as the situation and context requires. However, it is not limited to the charges for the use of the Website if any charges have been fixed. We expect you will view and go through these terms and conditions of use regularly to find if any changes have been made.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The users shall use the Website having positive intention and good faith for the necessary and useful purpose for which E-Arts Nepal created and projected the Website. You can use the Website for your personal and non-commercial purpose unless otherwise mentioned specifically in these terms and conditions. You are not allowed to copy, modify, transmit, distribute and reproduce from the Website. Likewise, you may not license, publish, transfer, or sell any information, services or products obtained from the same. If the terms and conditions are breached, the users are subjected to legal action.
NO PROHIBITED OR UNLAWFUL USE
These terms and condition of use define certain things and activities as prohibited or unlawful. As a condition for use of the Website, you guarantee to E-Arts Nepal that you shall not misuse the Website for those purposes with wicked motive. You shall not use the Website in the way that can disable, damage, impair or overburden the Website. Likewise, other user’s enjoyment of the Website should not be interfered in whatever condition and context it may be. It is prohibited to obtain any materials or information through the Website unless otherwise mentioned specifically or provided intentionally.
MATERIALS PROVIDED TO US OR POSTED ON www.eartsnepal.com
We do not claim that the data and materials you have provided to eartsnepal.com are our own property. Such material may include suggestions, feedback and registration data. In addition to those, they can be upload, input, post or submit to the Website. Nevertheless, by inputting, posting, uploading, or submitting your materials, we suppose, eartsnepal.com is allowed to use those material and data for the operation of its businesses without any restriction. We have, for instance, the rights to copy, transmit, publicly display, distribute and reproduce. Likewise, we have the rights to edit, translate, publicly perform and reformat the materials you provided; and to publish your name in relation to the posted materials.
However, we agree that we will not sell or use user identifiable information and materials you have provided to E-Arts Nepal. But E-Arts Nepal has the exclusive right to transfer, use or deal with compiled user aggregated data in any way that we consider appropriate.
AVAILABLE SOFTWARE ON THE SITES
E-Arts Nepal allows you a personal and non-transferable license to use software, the copyrighted work of eartsnepal.com, for viewing and using in accordance with these Terms and Conditions of Use if we have made available any Software to download from the Website. But you shall not use the software for other purposes. In addition to this, you are prohibited to use the software that may be made available by the other users. You are strongly prohibited to copy and reproduce the software, and provide to any other users.
LIABILITY DISCLAIMER
We warn the users beforehand that the software, services and information available in the site may have some typographical errors and other inaccuracies. We frequently change and modify the information and material in the Website. Suggestions you receive through the Website may not be fully reliable to make the decisions regarding legal, financial or medical purposes. For particular advices related to your own situation, you need to consult appropriate professionals.
E-Arts Nepal does not make any guarantee regarding the reliability, suitability, timeliness, availability, and the accuracy of the information, products, services, software and graphics contained on the Website. All services, information, products, software and graphics are provided, as they are, without having any kind of warranty. E-Arts Nepal hereby disclaims all conditions and warranties in relation to this information and services in addition to all implied warranties and conditions of merchantability.
ACCESS RESTRICTION/TERMINATION
E-Arts Nepal reserves the exclusive rights to restrict your access to its Website and the associated services at any time without notice beforehand.
MISCELLANEOUS
The mentioned Terms and Conditions of Use are governed by the laws of Nepal. Regarding all disputes related to the use of the Website, you hereby agree to the exclusive jurisdiction and decision of courts in Kathmandu, Nepal. If any jurisdiction that does not give effect to all the provisions of these terms and conditions without limitation, you are not authorized to use the Website. You consent to the fact that no partnership, employment, agency relationship or joint venture has been established between you and eartsnepal.com in accordance to this agreement. In case any part of this agreement becomes unenforceable or invalid in accordance to the applicable law, but it is not limited to the liability limitations and warranty disclaimers as mentioned in the above lines, then the unenforceable or invalid provisions shall be replaced by the enforceable and valid provisions that have proximity to the intent of the previous provisions. However, the rest of the agreement will remain effective as usual. Unless it is mentioned specifically, this agreement comes into effect as the entire agreement between E-Arts Nepal and the users in relation to the Website, and it is above all the earlier communications, proposals and contracts that may be in oral, written or electronic medium or forms. Based upon this agreement, a printed version of the same and of any notice in electronic form will be used in administrative or judicial proceedings as the other printed original records and documents.
TRADEMARK AND COPYRIGHT NOTICES
E-Arts Nepal reserves the copyright of all contents of the Website including all names, brand-names, trademarks, registered trademarks and so on used on the Website. All rights are reserved unless otherwise specified herein.
PAYMENTS
For the purchase of any sculpture and painting from the Website, you consent to follow all rules mentioned in the ‘order forms’ forwarded by you. You guarantee that all information and details that you provide us shall be accurate and true including your credit card number and expiration date. In addition to this, for the purchases made by you, you consent to pay all charges and applicable taxes.