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Welcome to
our site. We maintain this web site as a service to our
customers. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to
these terms, you should not review information or obtain
goods or products from this site.
1.
Acceptance of Agreement
You agree to the terms and conditions outlined in this
Terms of Use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the entire and
only agreement between, thamel.com / thamelremit.com (the
"portal"), Everest Express (the "Service Provider" and you (the "User"), and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content,
products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be
amended at any time by the provider of this service from
time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
2.
Copyright
The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and
other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed
by Section 3, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials
viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any
right in such information and materials.
3.
Limited Right to Use
The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your
own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document
may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or
redistribution).
4.
Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing
on the Site.
5.
Indemnification
You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the
Site.
6.
Nontransferable
Your right to use the Site is not transferable. Any
password or right given to you to obtain information or
documents is not transferable.
7.
Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE
FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
8. Use
of Information
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you
and all information provided by you in any manner consistent
with our Privacy Policy.
9.
Third-Party Services
We allow access to or advertise third-party merchant
sites ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or
control the products or services offered by Merchants.
Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We
are not a party to the transactions entered into between you
and Merchants. You agree that use of such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR
ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
10.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on
such sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any
representations or commitments on behalf of the other.
11.
Privacy Policy
Our Privacy Policy, as it may change from time to time,
is a part of this Agreement.
12.
Payments & Delivery
(a) You represent and warrant that (i) any credit card
information, Checks or Bank Account Numbers you supply is
true and complete, (ii) charges incurred by you will be
honored by the respective financial institution, and (iii)
you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
(b)
Exchange Rate for AUD in NPR is a controlling factor of
Nepal Rastra Bank. We are authorized to schedule our own Ex
Rate in compliance with partner Bank and remit distribution
on that Exchange rate. In case we see the Govt. Exchange
rate highly fluctuating we are authorized to use the Rate
which-so-ever is lower and apply recalculation on the amount
that your recipient gets NPR in Nepal. This is exercised
utmost to lower the risk of loss in exchange rates due to
fluctuation in Nepal.
(c) For
the prompt delivery of remittance the remitter must make
full liability to provide the correct and valid beneficiary
details before placing money order. The beneficiary must
have either valid bank account in Nepal or must be able to
produce his or her identity by the means of Government
issued Identity Card, Passport, Driving License or Voter
Card failure of which can cause substantial delay of
remitting fund. We may even asked the beneficiary recipient
to open bank accounts if so required for delivery outside
Kathmandu valley in remote areas if the demand draft is not
reachable due to lack of viable mailing address.
13.
Securities Laws
This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well
as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements.
The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale
of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or
documents.
14.
Links to other Web Sites
The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites,
you do so at your own risk.
15.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask
you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following
information:
(a) An
electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(b) A
description of the copyrighted work that you claim has been
infringed;
(c) A
description of where the material that you claim is
infringing is located on the Site;
(d) Your
address, telephone number, and email address;
(e) A
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law; and
(f) A
statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the
copyright owner's behalf.
Our
Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by directing an
e-mail to the Copyright Agent at info@everestexpress.com.au.
16.
Information and Press Releases
The Site contains information and press releases about us.
While this information was believed to be accurate as of the
date prepared, we disclaim any duty or obligation to update
this information or any press releases. Information about
companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or
endorsed by us.
17.
Arbitration
This Agreement shall be treated as though it were executed
and performed in Sydney, Australia, and shall be governed by and
construed in accordance with the laws of Department of Commerce, Australia (without regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or any
information, products or services related thereto) must be
instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or
against either party. All legal proceedings arising out of
or in connection with this Agreement shall be brought solely
in Sydney, Australia. You expressly submit to the
exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of
this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with
the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such
provision. |