The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of www.pahilo.com (hereinafter referred to as "web site" or “Pahilo”), which promotes business between suppliers and buyers globally. It is an agreement between “you" as the user(s) of the web site (the "User(s)") and Pahilo, Incode Technology Pvt. Ltd. (hereinafter referred to as "Pahilo").
Before you subscribe to and/or begin participating in or using web site, Pahilo believes that user(s) have fully read, understood and accepted the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
Web site acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange. We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Pahilo and other party.
User(s) means any individual or business entity/organization that legally operates in Nepal or in other countries, uses and has the right to use the services provided by Pahilo. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Law of Nepal; i. e. user(s) must be at least 18 years of age to be eligible to use our services. Pahilo advises its users that while accessing the web site, they must follow/abide by the related laws. Pahilo is not responsible for the possible consequences caused by your behavior during use of web site. Pahilo may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all Pahilo services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
Pahilo may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
5.1 In registering as a member of Pahilo, including but not limited to, through online registration, online or offline activation and offline application (hereinafter collectively referred to as “registration” or “register”), you hereby agree to: (a) provide true, accurate, current, complete, legal and valid information about yourself (such as identification, contact details, email and etc. such information being the “Registration Information”) in accordance with the request of Pahilo, or as part of your continued use of our Services; and (b)maintain and promptly update the Registration Information to keep it true, accurate, current, complete, legal and valid.
5.2 If you represent other individual, corporation and organization registered at Pahilo Platform, you promise that you have the authority to bind these entities to this Agreement.
5.3 If you provide any information that is untrue, inaccurate, not current, incomplete, illegal or invalid, or Pahilo has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, illegal or invalid, Pahilo reserves the rights at its sole discretion to reject, suspend or terminate your application for registration, and refuse your use of our Services, at present or in the future, in any form.
6.1 When using Pahilo Platform, you shall obey national laws, rules, regulations and systems, as well as relevant agreements, regulations, rules, procedures and customs of Pahilo, and shall not conduct any illegal activity through Pahilo Platform.
6.2 By becoming a registered member of Pahilo, you could, at any time, access to your own account by your Member ID and Password. You are solely responsible for maintaining the confidentiality of your Username and Password, and restrict visiting or using your computer by any third party. Moreover, you shall ensure that you properly exit Pahilo Platform at the end of each session.
6.3 You are fully responsible for all activities that occur under your account. You agree to immediately notify Pahilo of any unauthorized use of your account or any other breach of its security. Pahilo cannot and will not be liable for any loss or damage arising from your failure to comply with these rules.
6.4 If you discover that anybody accesses to your account without authorization, please inform Pahilo immediately and we will take relevant proper measures. However, please acknowledge the fact that it takes a reasonable period from accepting your report and taking measures. We are exempted from any liability for any existing result or relevant loss before such measures are taken.
6.5 With the development of our business, Pahilo is entitled to upgrade, modification, optimize or change our Services, or discontinue any or all Services (temporarily or permanently), without any prior notice to you.
6.6 Pahilo is entitle to send all kinds of business information relating to the Services of Pahilo or to the categories you have chosen by the contact way you have provided (including but not limited to email and mobile phone message). You must send a written notice to us if you refuse to continue to receive our business information.
6.7 Pahilo Platform may contain the links to other websites and advertisements, but Pahilo does not have the duty to review and estimate such links and resources provided by the third parties. Pahilo does not endorse and is not responsible for the validity of any content or behavior from these third parties and their linking websites. You acknowledge that Pahilo is not liable, or responsible, directly or indirectly, for any dispute, damage or loss caused by any service or products from the linking website provided by the third parties.
6.8 When you are applying for membership, seeking for trade opportunity, trading or using the services provided by the third party, you may provide, post, send, publish or submit information (such as file, photograph, video or other image about person and/or entity, products, services, offers, etc. hereinafter referred to as “Your Information” collectively) through Pahilo Platform, email or offline service. You are solely and legally responsible for (and that Pahilo has no responsibility to you or to any third party) the authenticity, accuracy, timeliness, completeness, legality, effectiveness and non-infringement of the information that you create, display, transmit or provide while using our Services and for the consequences of your actions by doing so. Furthermore, you shall ensure that you have all the legal rights and power to your Information you have provided to Pahilo, other users or the third party.
6.9 Pahilo may review or delete any information submitted by the user. If Pahilo recognizes that Your Information is prohibited information, or the information may make Pahilo assume any legal or moral liability, Pahilo may take any necessary or proper measure against Your Information at its full discretion, including but not limited to deleting such information. In this circumstance, if you require terminating the membership service, we will not refund you any paid membership fees or other service expenses.
Although Pahilo possesses the final confirmation right over the information released by the user, you shall acknowledge that Pahilo is unable to guarantee the authenticity, accuracy, integrity, effectiveness and validity of the information, and is exempted from any legal responsibility thereof.
6.10 If any information (including but not limited to the text and graph of such information) provided to or released by the user through Pahilo is illegal or infringes the interest of any third party, the user shall independently assume the legal liability thereof. If any judicial authority determines that Pahilo shall assume the liability, the user shall compensate all losses (including but not limited to penalty, compensation, legal fees, lawsuit expense, etc.) to Pahilo.
6.11 As for Your Information, you shall agree to grant Pahilo with the free, permanent, irrevocable, exclusive and complete licensing and relicensing right to use, duplicate, modify, revise, publish, translate, create the derivative works, spread, perform and display (all or part of) its content, and/or compose its content into any other form of works, media or technology, no matter existing or developed in the future. Meanwhile, you shall agree that Pahilo Platform or Pahilo is exempted from any legal liability resulted from Your Information while the substantial content of Your Information is not changed.
7.1 Pahilo only provides user with e-commerce platform for seeking trade target, negotiation, transaction or obtaining various information or service related to trade. Pahilo is unable to control the trade or the quality, safety and validity of the Product, or the authenticity or accuracy of the trade information, or the capability of trading parties to perform obligations in the trade agreement. Pahilo is unable and does not control whether trading parties perform the agreed obligation. When using the Pahilo, you shall recognize the existence of the trading risk.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Pahilo uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Pahilo cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 User(s) agree that Pahilo shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, Pahilo terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify Pahilo (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use Pahilo database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY PAHILO ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND PAHILO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAHILO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; PAHILO DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND PAHILO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Sites is done at each User's sole discretion and risk and each User is solely responsible for any damage to Pahilo’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Pahilo or through or from the Sites shall create any warranty not expressly stated herein.
8.4 Pahilo shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
b) Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
c) Violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) Unauthorized access by third parties to data or private information of any User;
e) Statements or conduct of any User of the Sites; or;
f) Any matters relating to Services however arising, including negligence.
9.1 Under no circumstances shall Pahilo be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10.1 Pahilo is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with pahilo, , as the case may be.
10.2 All content on this web site is the copyright of Pahilo except the third party content and link to third party web site on our website.
10.3 Pahilo may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11.1 All legal notices or demands to or upon pahilo.com shall be made in writing and sent to pahilo.com personally, by courier, certified mail, or facsimile to the following entity and address: pahilo.com, Incode Technology Pvt. Ltd., Mid Baneshwor, Kathmandu. The notices shall be effective when they are received by Pahilo in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Pahilo, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) Pahilo.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) Immediately upon Pahilo.com posting such notice on an area of the Sites that is publicly accessible without charge.
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Pahilo with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Pahilo and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.