TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use (as defined herein below) are made between Kathmandufoodies.com and you as a “site visitor” and/or “user”.

These Terms of Use set forth the legally binding terms of your use of the KathmanduFoodies.com  website located at www.KathmanduFoodies.com.

By using and/or visiting this website (“KathmanduFoodies”), (collectively, including all content available through the KathmanduFoodies.com domain name, (the “Website” or “Site”) you signify your assent to both these terms and conditions (“Terms of Use”) and the terms and conditions of KathmanduFoodies’ Privacy Policy (the “Privacy Policy”), which is published on the Website for reference. In addition, when using particular services provided by us such as viewing any clips, or participating in any contests, if any, you shall be subject to any additional guidelines or rules applicable to such services.

Kindly print these Terms of Use or save a copy of these Terms of Use for your records. If you do not agree to any of these terms, then please do not use the KathmanduFoodies website.

Changes:

You can access the Website, subject to the terms and conditions of use, as changed/updated from time to time entirely at the discretion of KF Media Private Limited as set out below. These Terms of Use are for an indefinite term and you understand and agree that you are bound by such terms till the time you access the Website.

We reserve the right at any time to change the Terms of Use including but not limited to suspend/cancel, discontinue a service at any time without notice and make modifications and alterations in any or all of the content, products, features and services or change/charge any fees or charges for use of the services contained on the Website without prior notice. You will be deemed to have accepted such change/s if you continue to access the website subsequent to such changes.

The Provisions Governing Your Use of the KathmanduFoodies Website:

The KathmanduFoodies Website is hosted in Nepal and is subject to the laws governing the Republic of Nepal.

You are only authorized to use the KathmanduFoodies website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Use and the Privacy Policy.

Please note that these Terms of Use apply to all users of the KathmanduFoodies website, including users who are also contributors of video content, information, and other materials or services on the KathmanduFoodies website.

Links to Third Party Websites:

The KathmanduFoodies website may contain links to third party websites that are not owned or controlled by KathmanduFoodies. KathmanduFoodies has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, KathmanduFoodies will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve KathmanduFoodies from any and all liability arising from your use of this Website and any third party website as aforesaid. Accordingly, we encourage you to be aware when you move out of the KathmanduFoodies Website to read the terms and conditions and privacy policy of other websites that you visit.

KATHMANDUFOODIES WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.

Submission and Ownership of Content:

You are solely responsible for submitted content including without limitation, information, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, messages, reviews and opinions about products, services and happenings of the city of Kathmandu, comments to other people’s opinions, blogs, articles, entertainment listings and the like, whether publicly or privately transmitted or posted (“Content”) on the KathmanduFoodies website, and any material or information that you transmit to other users for your interactions with other users. KathmanduFoodies does not endorse and has no control over the content. Content is not necessarily reviewed by KathmanduFoodies prior to posting and does not necessarily reflect the opinions or policies of KathmanduFoodies. KathmanduFoodies makes no warranties, express or implied, as to the Content posted or submitted by users or to the accuracy, completeness, safety, timelines, legality, quality and reliability of the Content posted or submitted by users or any material or information that you transmit to other users.

Under no circumstances, we will be liable in any way for any content, including, but not limited to, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content posted or uploaded. By posting comments and other community services you agree not to upload, post or otherwise transmit any matter or views, which are threatening, defamatory, abusive, obscene, offensive, illegal, infringement of other’s rights including intellectual property rights, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or contrary to public order or national harmony in all relevant jurisdictions. You may also not indulge in cyber stalking, become or create a nuisance for any person / user or download any file posted by another user, that you know, or reasonably should know, cannot be legally distributed in such manner.

KathmanduFoodies reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.

In addition to what is stipulated above, the following is a non-exhaustive list of the kind of Content and communications that are illegal or prohibited on/through the KathmanduFoodies Website. KathmanduFoodies reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the KathmanduFoodies service and terminating the membership of such violators or blocking your use of the KathmanduFoodies service and/or KathmanduFoodies Website.

You May Not Post Content That:

o    is false or intentionally misleading;

o    is patently offensive to users of the KathmanduFoodies Website, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

o    harasses or advocates harassment of another person;

o    involves the transmission of unsolicited mass mailing or “spamming”;

o    promotes illegal activities or conduct that is abusive;

o    is threatening, obscene, defamatory or libelous;

Use of Website:

KathmanduFoodies hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, non- commercial use; (ii) you will not copy or distribute any part of the Website in any medium without KathmanduFoodies’ prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

Registration and Security:

In order to access some features of the Website, you may in the future have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify KathmanduFoodies immediately of any breach of security or unauthorized use of your account. Although KathmanduFoodies will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KathmanduFoodies or others due to such unauthorized use. In consideration of your use of the Website and services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or the services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of a person other than yourself without appropriate authorization. KathmanduFoodies reserves the right to refuse registration of, or cancel a User ID in its discretion.

Restriction of Right to Use:

KINDLY NOTE THAT KATHMANDUFOODIES PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the KathmanduFoodies Website and that you provide to other users. Your KathmanduFoodies Content must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.

STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES.

You may not post content that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

Any user who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under The Electronic Transaction Act, 2063 of Nepal and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and KathmanduFoodies assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by KathmanduFoodies by any person, please contact us at editors@KathmanduFoodies.com.

You Shall Not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of the KathmanduFoodies Website and/or KathmanduFoodies service;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the KathmanduFoodies Website and/or KathmanduFoodies service;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the KathmanduFoodies Website and/or KathmanduFoodies service;
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other KathmanduFoodies users;
  • reformat or frame any portion of the web pages that are part of the KathmanduFoodies Website and/or KathmanduFoodies service;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as “spam” to other users of the KathmanduFoodies Website and/or KathmanduFoodies service or otherwise interfere with other user’s enjoyment of the KathmanduFoodies Website and/or KathmanduFoodies service;
  • submit any third party materials or Content without such third party’s prior written consent;
  • submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by KathmanduFoodies;
  • submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the KathmanduFoodies Website or KathmanduFoodies services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on the KathmanduFoodies Website for other than your own use;
  • submit Content or materials that are unlawful or promote or encourage illegal activity;
  • submit false or misleading information to KathmanduFoodies;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use the KathmanduFoodies Website and/ or KathmanduFoodies service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Content Filtering:

KathmanduFoodies.com takes NO RESPONSIBILTY nor does it endorse or recommend any of the stories, comments, opinions, views or ideas contributed by its users and/or authors. However, KathmanduFoodies.compermits others to make judgments about your Content that may affect the display of your Content. Further, KathmanduFoodies.commay choose to use automated software filters that may prevent you from uploading your Content or may affect its display. Finally, KathmanduFoodies.commay take any actions that it deems necessary or appropriate to minimize its liability from your Content or to preserve KathmanduFoodies.com’ relationships with its service providers (such as its Internet access providers). Parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Below 16 years of Age:

Use of and membership in the KathmanduFoodies Website is void where prohibited. By using the KathmanduFoodies Website, you represent and warrant that (a) you are 16 years of age or above (b) your use of the KathmanduFoodies Website does not violate any applicable law, rule or regulation. Your profile, if any, may be deleted and your membership may be terminated without warning, if we believe that you are less than 16 years of age.

The Website is NOT directed to or intended for people under the age of 16. Users less than 16 years of age may not register to use the Site. KathmanduFoodies does not knowingly collect any personal information from users under the age of sixteen. If you are a parent of a person under the age of sixteen and you have questions about our Website or Privacy Policy, please feel free to contact the KathmanduFoodies Privacy Coordinator at editors@KathmanduFoodies.com.

These Terms of Use shall remain in full force and effect while you use the KathmanduFoodies Website.

Charges:

You acknowledge that KathmanduFoodies may reserve the right to charge for the services in the future on the Website or to change its fees from time to time at its discretion. If KathmanduFoodies terminates your membership because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees, if any.

Personal Use:

The Website including the services provided on the Website are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by KathmanduFoodies. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the KathmanduFoodies services.

Intellectual Property Rights and No Re- transmission of Information:

KathmanduFoodies.comas well as the design and information contained in this Website is the valuable, exclusive property of KathmanduFoodies.com, and nothing in these Terms of Use shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.

The Content on the Website, except all User Submissions (as defined below), including without limitation, the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to KathmanduFoodies, subject to copyright and other intellectual property rights under Nepali laws and conventions.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and KathmanduFoodies.

You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share KathmanduFoodies.com, any part thereof, or any of the software, application or information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by KathmanduFoodies.comprior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of KathmanduFoodies.comwithout prior written authorization.

KathmanduFoodies reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Important Usage Conditions and Related Provisions:

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, KathmanduFoodies does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize KathmanduFoodies to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
  2. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to KathmanduFoodies, you hereby grant KathmanduFoodies a worldwide, non-exclusive, royalty-free, sub – licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and KathmanduFoodies’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

In Connection With User Submissions, You Further Agree That You Will Not:

Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant KathmanduFoodies all of the license rights granted herein:

  1. Publish falsehoods or misrepresentations that could damage KathmanduFoodies or any third party;
  2. Post advertisements or solicitations of business;
  3. Impersonate another user. KathmanduFoodies does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KathmanduFoodies expressly disclaims any and all liability in connection with User Submissions. KathmanduFoodies does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KathmanduFoodies will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. KathmanduFoodies reserves the right to remove Content and User Submissions without prior notice. KathmanduFoodies will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer (except in the case of pornographic content) is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification of the same to editors@KathmanduFoodies.comwith the following information in writing:

  1. A physical or electronic signature of a user authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement 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; and
  6. A statement that the information in the notification is accurate, and under penalties of misrepresentation and other applicable laws, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that KathmanduFoodies is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Website with respect thereto, and agree to indemnify and hold KathmanduFoodies, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Illegal or Prohibited Content:

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the KathmanduFoodies services. KathmanduFoodies reserves the right to investigate and take appropriate legal action against anyone who, in KathmanduFoodies’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of KathmanduFoodies:

  1. exploits people in a sexual or violent manner;
  2. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  3. provides any telephone numbers, addresses, last names, urls or email addresses;
  4. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  5. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spamming”;”phishing”
  6. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  7. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  8. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  9. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  10. includes a photograph of another person that you have posted without that person’s consent; or
  11. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
  12. criminal or tortures activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  13. advertising to, or solicitation of, any user to buy or sell any products or services through the KathmanduFoodies services. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, the Website reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which KathmanduFoodies deems appropriate in its sole discretion. If you breach any provisions of these Terms of Use and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to KathmanduFoodies, but that the amount of such harm would be extremely difficult to ascertain.
  14. covering or obscuring the banner advertisements on your personal profile page, or any KathmanduFoodies page via HTML/CSS or any other means;
  15. interfering with, disrupting, or creating an undue burden on the KathmanduFoodies Website or the networks or services connected to KathmanduFoodies;
  16. for band profiles, copying your KathmanduFoodies code and embedding it into other profiles or asking other users to embed it into their profiles;
  17. using any information obtained from the Website in order to harass, abuse, or harm another person;
  18. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose; or
  19. using the Website in a manner inconsistent with any and all applicable laws and regulations.

As mentioned earlier above, use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.

Undertakings:

You hereby confirm undertake and agree that:

  1. You are 16 years of age or above;
  2. You are solely responsible for all the Content that you upload on KathmanduFoodies and all activities that occur under your password or user name;
  3. You will not upload any infringing or potentially infringing content, any illegal content or any prohibited content or any content that violates any laws or any right of any party;
  4. We may terminate your use of the Site and/or the services at any time if you breach any of these Terms of Use or our general terms of use or at our sole discretion if we have reason to believe that your use of the service is causing us prejudice or to the other users;
  5. You shall comply with laws as applicable from time to time regarding the usage of our website; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service;
  6. The Website and all its features are made available to you on an ‘AS IS’ basis for your information and personal use only and you have no right to commercially exploit the website or any feature of the website;
  7. KathmanduFoodies disclaims all warranties, express or implied, in connection with the website and your use thereof;
  8. Any legal issues in this context will be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal;
  9. You hereby accept that you have perused our detailed Terms of Use available on our website to understand the terms and conditions concerning the usage of our website; and
  10. You will use your best efforts to notify us of any illegal use of our website by any user, which may include the hosting by any user of any prohibitory, illegal or infringing or potentially infringing content on our Website. However your inability for any reason not to notify us will not render you liable for the termination of our services.

 

Delays in Services:

Neither KathmanduFoodies.com(including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.

Equipment and Operation:

You shall provide and maintain all telephone/internet and other equipment necessary to access the Website, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website.

Disclaimers:

YOU AGREE THAT YOUR USE OF THE KATHMANDUFOODIES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KATHMANDUFOODIES, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KATHMANDUFOODIES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KATHMANDUFOODIES WEBSITE. KATHMANDUFOODIES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KATHMANDUFOODIES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KATHMANDUFOODIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

INCLUSION OF ANY LINKED WEBSITE ON THE KATHMANDUFOODIES WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY KATHMANDUFOODIES. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. KATHMANDUFOODIES TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE KATHMANDUFOODIES WEBSITE OR THROUGH THE KATHMANDUFOODIES SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. KATHMANDUFOODIES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE KATHMANDUFOODIES SERVICES. KATHMANDUFOODIES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE. KATHMANDUFOODIES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE KATHMANDUFOODIES SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE KATHMANDUFOODIES SERVICES. UNDER NO CIRCUMSTANCES SHALL KATHMANDUFOODIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE KATHMANDUFOODIES SERVICES, ATTENDANCE AT A KATHMANDUFOODIES EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE KATHMANDUFOODIES SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE KATHMANDUFOODIES SERVICES, WHETHER ONLINE OR OFFLINE, WHETHER IN CONTRACT TORT OR OTHERIWSE. THE KATHMANDUFOODIES SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND KATHMANDUFOODIES EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KATHMANDUFOODIES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE KATHMANDUFOODIES SERVICES.

Limitation of Liability:

IN NO EVENT SHALL KATHMANDUFOODIES, ITS OWNERS, AFFILIATES, GROUP COMPANIES, ASSOCIATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF INFORMATION OR DATA WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KATHMANDUFOODIES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT KATHMANDUFOODIES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by KathmanduFoodies from its facilities in Nepal. KathmanduFoodies makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.

Indemnity:

You agree to defend, indemnify and hold harmless KathmanduFoodies, its parent corporation, officers, directors, affiliates, associated entities, group companies, employees and agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, fees (including reasonable attorneys fees) costs, debt, demands, recoveries, fines, penalties and expenses of any kind or nature (including but not limited to reasonable legal and accounting fees) arising from: (i) your use of and access to the Website; (ii) your violation or non- compliance of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property right, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

We reserve the right to disclosure of any personal information about you and your use of the Website including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

  1. conform to legal requirements or comply with legal process;
  2. protect and defend our rights or property or our affiliated companies;
  3. enforce the Terms of Use; or
  4. act to protect the interest of our members or others.

Our performance of these Terms of Use are subject to compliance with existing laws, rules, regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or services or information provided to or gathered by us with respect to such use.

Ability to accept Terms of Use:

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Assignment:

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KathmanduFoodies without restriction.

Trade Mark:

KathmanduFoodies is a proprietary registered Trade Mark of KF Media Private Limited

Copyright:

All material available on this Website is protected by copyright laws (depicted as © KathmanduFoodies. All rights reserved). Access to the KathmanduFoodies services and Content is subject to the Terms of Use which you accepted during the registration process. These Terms of Use contain warranty disclaimers, guidelines for link to other websites & linking disclaimer and limitation on use.

Governing Law and Arbitration:

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Nepal and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Kathmandu, Nepal.

Miscellaneous:

You agree that: (i) the Website shall be deemed solely based in Nepal; (ii) the section titles in these Terms of Use are for convenience only and have no legal or contractual effect; and (iii) nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and KathmanduFoodies. Nothing contained in these Terms of Use shall constitute you as the agent of KathmanduFoodies or otherwise entitle you to have authority to bind KathmanduFoodies for any purpose.

These Terms of Use together with the Privacy Policy and any other legal notices published by KathmanduFoodies on the Website, shall constitute the entire agreement between you and KathmanduFoodies concerning the Website. If any provision(s) of these Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KathmanduFoodies’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. KathmanduFoodies reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

YOU AND KATHMANDUFOODIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KATHMANDUFOODIES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact and Violations:

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to editors@KathmanduFoodies.com

 


 

PRIVACY POLICY

 The privacy policy (hereinafter referred to as “the Privacy Policy”) provided below is with respect to our use and protection of any personal information you provide to us through the KathmanduFoodies.comwebsite. You may be required to provide personally identifiable information at several different points on our website. By accepting the policy at the time of registration the user expressly approves and consents to our collection, storage, use and disclosure of personal information as described in this Privacy Policy.

  1. KathmanduFoodies.comrespects the privacy of its users and is committed to protecting the personally identifiable information (any information or data by which you can be identified, such as names, addresses, zip/postal codes, email addresses, telephone numbers, credit or debit card details, etc.) that the users share with us, in all respects. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our home page and at every point where personally identifiable information may be requested. We assure that we will take steps to use your personal information only in ways that are compatible with this Privacy Policy.
  2. In general, you can visit KathmanduFoodies.comwebsite without telling us who you are or revealing any personal information about yourself. We track the internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous. Please keep in mind that whenever you voluntarily disclose any personal information online, for example through e-mail, discussion lists, forums, blogs, reviews or elsewhere, that information can be collected and used by others.
  3. KathmanduFoodies.comfeels strongly about protecting the privacy of children and encourages children to involve their parents in any interactive activity they participate in online. If you are 16 years or younger and we collect your age through the registration process, you are not eligible to use this website. If you are under 16, KathmanduFoodies.comencourages you to use this website only with the help and in the presence of your parents or guardians of legal age.
  4. KathmanduFoodies.commay use the information in its databases, including personal information you’ve submitted, and other server and usage logs, to analyze the site and user behavior, troubleshoot technical problems, resolve disputes and address complaints, and prepare aggregated reports that are shared with others, including the management of KathmanduFoodies.com.
  5. To improve the responsiveness of the websites for our users, some of our webpages may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique random number to understand the user’s individual interests using the identified computer. Cookies are small text files that are stored on the hard drive of the user’s computer and are used for record-keeping purposes and are identifiers, which a website can send to your browser to keep on your computer to facilitate your next visit to our website. You can however choose to accept or refuse the cookies by changing the settings of your browser accordingly. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. The information we collect and analyze is used to improve our service to you. A cookie cannot read data off your hard drive. Advertisers may also assign their own cookies to your browser (if you click on their advertisements), and we do not control use of these cookies and disclaim any responsibility whatsoever for information collected through them.
  6. There are times when we may collect personal information from you such as name, emails, physical address and/or telephone number. Generally, you will have the option not to provide such information, and in the future you will be able to “opt out” of certain uses of the information. If you choose not to provide the information we request, you can still visit KathmanduFoodies.com, but you may be unable to access certain options, offers and services.
  7. Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our site (Your IP address is a number that lets computers attached to the internet know where to send you data, such as the web pages you view). Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
  8. From time to time, we may conduct online surveys or run a contest for promotional purposes, during which, we may ask users for contact information (like email addresses) and demographic information (like zip code, age, or income level). We use contact data to notify people if they win the contest. We understand, though, that you may want to participate in these surveys or contests but may not want us to send you an email. Accordingly, as part of these surveys or contests, we will always give you the option of declining to receive information from KathmanduFoodies.com.
  9. KathmanduFoodies.comcontains many links to other websites. For instance, we use third-party advertising companies to serve ads when you visit our website. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Such third party sites are governed by their respective privacy policies and KathmanduFoodies.comis not responsible for the privacy practices or the content of such websites. Once you leave our servers, use of any information you provide is governed by the Privacy Policy of the operator of the site you are visiting. That policy may differ from ours. If you cannot find the Privacy Policy of any of these sites via a link from the site’s homepage, you should contact the site directly for more information. KathmanduFoodies.comdoes not share any of the individual personal information you provide with the sites to which KathmanduFoodies.comlinks, although KathmanduFoodies.commay share aggregate data with such sites (such as how many people use our site). This includes other third party sites on the Internet for which KathmanduFoodies.comprovides search services.
  10. KathmanduFoodies.comwill take appropriate steps to protect the information you share with us. We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access and improper use or disclosure. KathmanduFoodies.comwill continue to enhance its security procedures as new technology becomes available.
  11. All information gathered on KathmanduFoodies.comis securely stored within the KathmanduFoodies.com(controlled) database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. However, any information you include in a posting to the discussion areas becomes public information and is available to anyone with internet access.
  12. KathmanduFoodies.comwill not sell, rent, share, trade or disclose to third parties any information derived from the registration for, or use of, any online service offered by KathmanduFoodies.comwithout the consent of the user or customer, except if such disclosure is required by law or is pertinent to judicial or governmental investigations or proceedings including search warrants, or to help investigate, prevent or take action regarding unlawful activities, suspected fraud, potential threat of security of any person, violation of our website use or defend legal claims; special circumstances such as compliance with subpoenas, court orders, requests/order from legal authorities or agencies requiring such disclosure or any other legal process or in the case of imminent physical harm to the user or others. You also consent to KathmanduFoodies.comdisclosing information about you to actual or potential parties to a lawsuit that KathmanduFoodies.comis or may become involved in (a) if it is required to do so, (b) if it reasonably believes that such disclosures will potentially mitigate its liability, or (c) to enforce its rights.
  13. Circumstances may also arise where we are required to disclose your personal information (including our associated customer lists), to third parties for purposes other than to support your customer relationship with KathmanduFoodies.com, such as in connection with a corporate divestiture or dissolution or to its subsidiaries or parent company (if any), or to a potential acquirer or merger partner, in which case KathmanduFoodies.comwill ask such entities to honour this Privacy Policy. In addition, as part of a diligence review, KathmanduFoodies.comwould try to restrict the disclosure of such information.
  14. Specific uses of personal information that vary from this Privacy Policy (if any) may be found throughout the site. To the extent that, during your submission of information on the site, you are notified of privacy practices that are different from those described in this Privacy Policy, those alternative disclosures will govern that submission.A site and service as complicated as KathmanduFoodies.comis never perfect, and thus KathmanduFoodies.commay inadvertently make uses or disclosures of your information in ways not contemplated by, or in direct contravention of, this Privacy Policy. For example, if the software has a temporary glitch, your personal information could be displayed on the site even though you’ve configured your preferences otherwise. KathmanduFoodies.commight also make ad hoc uses of your information in ways it can’t contemplate here. KathmanduFoodies.comwill do its best to work with you if these types of situations arise, but your sole remedy in these cases is to have KathmanduFoodies.comtry to rectify the problem as soon as it can.
  15. If our Privacy Policy changes in the future, it will be posted here and a new effective date will be shown. You are advised to access our Privacy Policy regularly to ensure that you understand our current policies. KathmanduFoodies.comreserves all rights to revise, amend, modify or change this Privacy Policy in its sole discretion, from time to time and in any manner it deems appropriate.
  16. Please also visit our Terms of Use section establishing the use, disclaimers and limitations of liabilities governing the use of our website at Terms of Use.
  17. Any questions or clarifications with respect to this Privacy Policy can be sent to KathmanduFoodies.comat: editors@KathmanduFoodies.  KathmanduFoodies.com will attempt to respond to all reasonable concerns or inquiries.