Legal Document

Terms of Service

Last Updated: April 17, 2025

1

Acceptance of Terms

Welcome to NepalNiwas. These Terms of Service ("Terms") govern your access to and use of the NepalNiwas platform, including our website, mobile applications, and related services (collectively, the "Platform").

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Platform.

Please read these Terms carefully as they contain important information about your legal rights, remedies, and obligations.

2

Description of Services

NepalNiwas is a real estate platform that connects property buyers, sellers, renters, and agents in Nepal. Our Platform provides the following services:

2.1 Property Listings

We provide a marketplace where users can list, browse, search for, and inquire about properties for sale or rent in Nepal. Users can upload property details, photos, and contact information.

2.2 User Accounts

We provide user account functionality that allows you to create a profile, save favorite properties, track your property history, and manage your listings and communications.

2.3 Communication Tools

We provide messaging and notification tools that allow users to communicate with property owners, agents, and other users regarding listed properties.

2.4 Market Insights

We offer information and data about the real estate market in Nepal, including property values, neighborhood insights, and market trends.

2.5 Additional Services

We may offer additional services such as mortgage calculators, property valuation tools, and other resources to assist in the real estate process.

NepalNiwas reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time without prior notice.

3

Eligibility

To use the Platform, you must meet the following eligibility criteria:

  • You must be at least 18 years of age or the legal age of majority in your jurisdiction, whichever is greater.
  • You must have the legal capacity to enter into binding contracts.
  • You must not be prohibited from using the Platform under applicable laws.
  • If you are creating an account on behalf of a company or organization, you must have the authority to bind that entity to these Terms.

By using the Platform, you represent and warrant that you meet all eligibility requirements. NepalNiwas reserves the right to verify your eligibility at any time and to suspend or terminate your access if you do not meet the eligibility criteria.

4

User Accounts

4.1 Account Creation

To access certain features of the Platform, you may be required to create a user account. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Types

The Platform offers different types of accounts, including buyer accounts, seller accounts, and agent accounts. Each account type may have different features, access levels, and requirements.

4.3 Account Security

You are responsible for maintaining the security of your account and for any activities or actions under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. NepalNiwas will not be liable for any loss or damage arising from your failure to comply with this requirement.

4.4 Account Information

You acknowledge that NepalNiwas may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of NepalNiwas, its users, or the public.

5

User Content

5.1 Content Ownership

You retain ownership of any content you submit, post, or display on or through the Platform ("User Content"). By submitting User Content, you grant NepalNiwas a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of providing and promoting the Platform.

5.2 Content Restrictions

You agree not to post, upload, or submit any User Content that:

  • Violates any applicable law or regulation
  • Infringes on the rights of any third party, including intellectual property rights and privacy rights
  • Contains false, misleading, or fraudulent information
  • Promotes illegal activities
  • Contains malware, viruses, or other harmful code
  • Is offensive, defamatory, discriminatory, or inappropriate

5.3 Content Accuracy

You are solely responsible for the accuracy and completeness of the User Content you post on the Platform, including property listings, descriptions, and pricing. NepalNiwas does not verify the accuracy of User Content and shall not be liable for any inaccuracies or misrepresentations.

5.4 Content Removal

NepalNiwas reserves the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion, without prior notice.

6

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Platform for any illegal purpose or in violation of any local, state, national, or international law.
  • Posting false, inaccurate, misleading, defamatory, or libelous content.
  • Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Interfering with or disrupting the Platform or servers or networks connected to the Platform.
  • Attempting to circumvent any content filtering techniques, security measures, or access controls implemented on the Platform.
  • Collecting or harvesting any information from the Platform, including user information, without proper authorization.
  • Using the Platform to send unsolicited communications, promotions, or advertisements, or spam.
  • Using the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform.

NepalNiwas reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.

7

Intellectual Property Rights

7.1 NepalNiwas Content

The Platform and its original content, features, and functionality (excluding User Content) are owned by NepalNiwas and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights reserved.

7.2 License to Use Platform

Subject to these Terms, NepalNiwas grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or business use related to real estate transactions. This license does not include the right to:

  • Modify or copy the Platform or its content
  • Use the Platform for any commercial purpose not related to real estate transactions
  • Attempt to decompile or reverse engineer the Platform
  • Remove any copyright or proprietary notations from the Platform
  • Transfer the materials to another person or "mirror" the materials on any other server

7.3 Trademarks

The NepalNiwas name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NepalNiwas or its affiliates or licensors. You may not use such marks without the prior written permission of NepalNiwas.

7.4 DMCA Compliance

If you believe that any content on the Platform infringes your copyright or other intellectual property rights, please notify us in accordance with our copyright policy. We will respond to notices of alleged copyright infringement that comply with applicable law.

8

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

  • The Platform will meet your requirements
  • The Platform will be uninterrupted, timely, secure, or error-free
  • The results that may be obtained from the use of the Platform will be accurate or reliable
  • The quality of any products, services, information, or other material purchased or obtained through the Platform will meet your expectations
  • Any errors in the Platform will be corrected

NepalNiwas does not guarantee the accuracy, completeness, or reliability of any listing, description, or other content on the Platform. You acknowledge that any reliance on such information is at your own risk.

9

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEPALNIWAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Cost of procurement of substitute goods or services
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Platform
  • Any other matter relating to the Platform

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if NepalNiwas has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

10

Indemnification

You agree to defend, indemnify, and hold harmless NepalNiwas, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your User Content
  • Your use of the Platform
  • Your violation of the rights of any third party

This indemnification obligation will survive these Terms and your use of the Platform.

11

Termination

11.1 Termination by NepalNiwas

NepalNiwas may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.

11.2 Termination by You

You may terminate your account at any time by following the instructions on the Platform or by contacting us. Upon termination, your account will be deactivated, but certain information may be retained as required by law or for legitimate business purposes.

11.3 Effect of Termination

Upon termination, all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12

Modifications to Terms

NepalNiwas reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

It is your responsibility to review these Terms periodically for changes.

13

Governing Law

These Terms shall be governed and construed in accordance with the laws of Nepal, without regard to its conflict of law provisions.

Your use of the Platform may also be subject to other local, state, national, or international laws, and you agree to comply with all applicable laws and regulations when using the Platform.

14

Dispute Resolution

14.1 Informal Resolution

Before filing a claim against NepalNiwas, you agree to attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed with filing a formal claim.

14.2 Formal Proceedings

Any legal action or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the courts of Nepal, and you consent to the jurisdiction of such courts.

14.3 Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

15

Contact Us

If you have any questions about these Terms, please contact us at:

Phone

+977 9763681214

Address

Kathmandu, Nepal

By using NepalNiwas, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

Last Updated: April 17, 2025