Last Update 13.01.2016
Introduction and Definitions
The Terms of Service (henceforth referred to as the “terms” or the “agreement”) represents a legally binding contract between you (the internet user/the reader), a user or a subscriber of our services and Baba Pandey. Should any of the terms presented herein not seem appropriate, please refrain from using the services provided to you by Baba Pandey and do leave the website immediately.
www.babapandey.com.np (also referred to as the “site” and the “website”) offers both individual users and businesses a vast amount of information, articles, materials and resources on SEO (search engine optimization), social media marketing, content marketing, online marketing, local business improvement, local business management, brand management, including but not limited to articles, podcasts, videos, materials, tools, downloadable applications, toolbars, blogs, comments, other types of user generated content, polls, etc. All these resources are collectively referred to as the “Services”. These Services may be offered free or charge or in connection to subscriptions and or specific prices. Moreover, though the majority of the Services are accessible to any internet user, there are certain features that are only accessible to subscribers or registered users.
Please note that www.babapandey.com.np reserves the right to charge fees at any times and in connection to any features and benefits associated with the website or the Services accessible on the site.
Those who choose to interact with the website and/or the services via a free account are henceforth referred to as “users”.
Those who choose to interact with the website and/or the services via a paid for subscription (or users who have paid in order to have access to any portion or the Services) are henceforth referred to as “customers’ or “subscribers”.
PLEASE NOTE THAT, BY ACCESSING THE WEBSITE AND THE SERVICES AND VIEWING THE MATERIALS PRESENTED TO YOU BY www.babapandey.com.np, YOU AGREE THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS AS THEY ARE HEREIN PRESENTED. IN ADDITION, YOU ARE ALSO BOUND BY OTHER DOCUMENTS THAT ARE EXPRESSELY REFERED TO IN THIS AGREEMENT, AS YOU ARE BOUND BY ALL APPLICABLE STATE, LOCAL AND FEDERAL LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SERVICES.
YOUR CONTINUED USE OF THE SERVICES AND ACCESS ON www.babapandey.com.np WILL BE DEEMED AS YOUR ACCEPTANCE OF ANY MODIFICATION AFTER THE MOMENT THAT THOSE MODIFICATIONS WILL HAVE BEEN MADE PUBLIC ON THE WEBSITE.
www.babapandey.com.np reserves the right to suspend, limit or terminate your access to the services at any moment and without any prior notice to you in the case of any actual or alleged breach of these terms or for any other reason. Please note that even in the event of such a termination, your obligations as they are described in this Agreement will survive and you will still have to adhere to the regulations and rules as they are presented in this Agreement.
We also reserve the right to change, suspend or discontinue the Site completely at any time. In the case of such a termination/suspension of access or a suspension of the Site entirely, www.babapandey.com.np cannot be held responsible or liable in any way.
Please note that it falls under the responsibility of the user to gather and maintain all the necessary equipment and materials necessary to access the Services, including but without limitation, hardware, modems, software, long distance and internet service, and others.
Your BabaPandey Account/Subscription
As previously mentioned, certain portions of the Services may only be accessible to subscribers and customers. In order to become a subscriber or customer, you may be required to provide certain personal details for the registration process. These details may include the following (without limitation): name, date of birth, gender, email address, and home address.
It is your responsibility to ensure the accuracy and correctness of these details, as well as to continuously update them. In the case that you refuse to provide these details, we reserve the right to refuse your access to the Services and even terminate your access to the Services.
Upon registering an account or becoming a customer of www.babapandey.com.np, you hereby represent and warrant that you are at least 13 years of age and that you are legally allowed to use the Services and the site. Additionally, you also take full responsibility for your actions, the way you use the Site and the Services and any activity stemming from your account.
Please note that the login information to your account is confidential and you are responsible for maintaining this confidentiality by choosing a secure password that you do not share with anyone else. Customers and subscribers are hereby barred from sharing their login information with any third parties or entities. You hereby acknowledge that your customer account is personal and access to this account cannot be offered to any other party.
You hereby agree to immediately inform www.babapandey.com.np upon discovering an unauthorized entry to your account or any suspected data breach of your account.
In connection to any of the services that Baba Pandey charges specific fees for, you may be required to pay via invoice or via credit card. Please notice, however, that Baba Pandey reserves the right to quote invoice additional fees for invoiced accounts.
Your Use of the Services and Freely Offered Materials
You hereby acknowledge that certain portions of the website and the Services are freely offered to the public and as such, may be accessible to search engine, individual users, metasearch tools, crawlers, robots and other similar programs.
As previously mentioned, certain portions of the Services are offered free of charge to any user. Please note that all opinions, viewpoints and information presented to you are the personal opinions of their respective authors, contributors and moderators. The Services are provided solely for informational, educational and entertainment purposes only. It does not represent a representation or an endorsement of any kind.
Users are prohibited from:
- Using software or manually attempting to decompile, disassemble, reverse engineer, decompile or otherwise examine the source code and underlying algorithms allowing the Services and website to function;
- Altering, modifying, creating derivatives of the site or the services;
- Circumventing, disabling, interfering with or otherwise overburdening the security-related features responsible for the proper workings of the website, including but without limitation, the features responsible for preventing content copying and theft;
- Use manual or automatic processes that copy or scrape the content and materials offered to you via babapandey.com.np for any purposes. Notwithstanding the aforementioned, Baba Pandey has awarded public search engines a temporary permission to use automatic devices (also known as spiders or crawlers) in order to create searchable indexes which, in turn, allow public internet users to access our services.
- Use any manual or automatic device or technique to harvest, collect or misuse the personally- or non-personally identifiable information of the Website users.
- Attempt to disturb the proper workings of the website
- Engaging in conduct that is unlawful or that encourages others to engage in unlawful behaviour of any kind;
- Soliciting other website users to join or become members of commercial or non-commercial organizations;
- Impersonating other entities, people or users;
- Implying that they are in any way affiliated with Baba Pandey;
- engaging in activities that defy or violate the US export law, including but without limitation, the Export Administration act
- gaining unauthorized access to any of the Services or portions of the site;
- probing, scanning, testing or otherwise investigating the vulnerabilities of the Site or the networks it is connected to;
- taking any type of action that involves a disproportionately large load on the website, its infrastructure or the networks it relies on;
- using the website and Services for any purpose that is unlawful or prohibited by the rules and regulations as they are expressed in this Agreement.
- engaging in activities or behaviour that infringes upon the copyright or other intellectual property right of other people, entities or businesses
- engaging in any form of conduct that is verbally aggressive, that inhibits or restricts other users, that limits the enjoyment of the Services for other users, that may be discriminating on base of ethnicity, gender, race, age, work, disability;
- contributing materials that are sexually explicit, abusive, disrespectful or objectionable in any way.
Website Content and Proprietary Notices
All of the materials, information, articles, blog sections, audio materials, video materials, user generated content (collectively referred to as the Services) is meant for personal, informational, educational, non-commercial use only. These materials (including but not limited to written materials, articles, guest contributions, images, photographs, video files, audio files, podcasts, etc.) are collectively referred to as the “content”, and are protected by national and international copyright laws. They are the sole property of www.babapandey.com.np or the third party content provider who has agreed to share the materials.
You are hereby prohibited from using the materials in any other purpose than personal, informational purposes, including but without limitations, modifying, transmitting, publishing, adapting, participating in the transfer, selling, publicly performing, creating derivative works based upon, distributing, performing, displaying or otherwise exploiting the Content. In certain instances when you wish to share the materials, you will have to obtain prior written consent from Baba Pandey or the respective intellectual property right holders.
You also hereby acknowledge that you are barred from changing, covering, deleting or otherwise altering any copyright or intellectual property notices present in the Content, including but without limitation, the logo, graphic or trademark.
User Generated Content
As part of our comments sections and discussion threads, users, customers and subscribers are allowed (and even encouraged) to engage in constructive discussion and idea exchanges. Please note that any and all information provided in such comments sections are publicly accessible, and as such, you should carefully consider which types of information you choose to share.
All the information and materials shared in these comments sections and discussion forums are collectively referred to as user generated content and include (without limitation) comments, written materials, links, articles, software, tools, data, profiles, information, photographs, illustrations, graphics, audio content, video content, music, sound, messages and any other type of content. Please note that, upon deciding to share such content with www.babapandey.com.np and its users, you warrant that:
- you are the rightful intellectual property owner of the materials you are sharing;
- you are granting babapandey.com.np a perpetual, non-exclusive, irrevocable, royalty-free, worldwide, sublicensable and transferable license to use, reproduce, distribute, create derivative works based upon, perform, publicly display, transmit, publish and transmit the user content as we see fit, in connection to our business, in parts or in whole .
- you warrant that you are legally responsible for all the User Generated Content you contribute and warrant that you shall not share or transmit any materials or content over which you do not have the respective intellectual property rights.
PLEASE NOTE THAT BABA PANDEY RESERVES THE RIGHT, HOWEVER, NOT THE OBLIGATION, TO SCREEN, MONITOR AND EDIT THE USER GENERATED CONTENT THAT IS POSTED VIA THE SITE AND THE SERVICES. AS SUCH, WE CANNOT GUARANTEE THAT THE INFORMATION PROVIDED TO YOU VIA THESE MEDIUMS IS CORRECT, ACCURATE, APPROPRIATE, QUALITATIVE, COMPLETE OR VALID. ALSO, THIS INFORMATION DOES NOT, IN ANY WAY, REPRESENT THE VIEWS AND OPINIONS OF BABA PANDEY AND WE WILL NOT BE LIABLE IN ANY WAY FOR YOUR USE OF, ACCEPTANCE OF OR BELIEF IN THE USER GENERATED CONTENT, INCLUDING BUT WITHOUT LIMITATION, LIABILITY IN RELATION TO ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF YOUR BELIEF AND USE OF THE USER GENERATED CONTENT.
We also reserve the right to eliminate or delete any user generated content that we deem inappropriate, abusive, harmful or threatening.
Third Party content and Links
The Site and Services may contain content, materials and link pointing towards or originating from third-party websites and entities. Please note that we do not endorse the views and opinions expressed by these third parties. Please access such third party websites at your own risk. Baba Pandey is not responsible for the accuracy, correctness, completeness, availability or reliability of the information, services or goods made available through such third party websites.
Please also notice that these websites may have other practices in regards to the collection and use of your personal information, so consult their Privacy Policies.
Be advices that Third Party Websites aren’t under the control of Baba Pandey and as such, we are not liable or responsible for any damage or loss incurred as a result of your access, use or reliance on such a third Party Website. These third party websites are not governed by the rules and regulations of this Agreement.
Fees, Subscriptions and Paid Services
Aside from the materials that are provided free of charge to users, www.babapandey.com.np also offers paid services on the site. They are governed by this user agreement as well as the End User Agreement. These premium, paid services and subscriptions involve a one-time, weekly, monthly or annual payment (depending on the service in question, as the charges are presented in each individual case). These service and subscription fees are non-refundable.
By registering for a subscription, a premium account or such paid services, you agree to pay Baba Pandey the fees applicable to the account or service in question. These fees are expressed in US Dollars unless otherwise stated.
Please notice that Baba Pandey reserves the right to change the fees at any moment. In case of such a change, you will receive proper notification. Please notice that these fees DO NOT include any payments to telephone or telecommunications access services, connections, hardware, software or any other materials necessary for you to use the Services. You are responsible for the payment of the aforementioned fees in accordance to all currency conversion rates, value-added and personal property tax, levy and all applicable taxes.
All fees are paid in advance and are subject to the contract between Baba Pandey and the customer. Please note that in such cases, you are responsible for providing accurate billing information. If you choose to pay via credit card, you are responsible for offering a valid credit card number, expiration date and security number as well as to inform Baba Pandey in the case of a credit card cancellation, loss or theft. Furthermore, if you fear that there may have been a potential breach of security in connection to your credit card (for instance, unauthorized disclosure or use of that card), please also inform Baba Pandey.
You hereby acknowledge that your use of the website and the services is your sole responsibility and done at your own risk.
PLEASE NOTE THAT THE WEBSITE AND THE SERVICES ARE ALL PROVIDED TO YOU ON AN “AS AVAILABLE”, “AS IS” BASIS, AND AS SUCH, WE OFFER NO REPRESENTATION OR WARRANTY OF ANY KIND, BE IT EXPRESS OR IMPLIED IN REGARDS TO THE SERVICES, THE CONTENTS OR THE SITE. WITHOUT LIMITING THE FOREGOING, www.babapandey.com.np INCLUDING ALL OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, PARENTS, PARTNERS, AGENTS, BUSINESS PARTNERS, SUBCONTRACTORS, SUBSIDIARIES AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES THAT THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS AND QUALITY REQUIREMENTS, THAT THE INFORMATION, SITE, SERVICES OR CONTNT WILL BE AVAILABLE TO YOU WITHOUT INTERRUPTION, THAT IT WILL BE ACCURATE, SECURE, USEFUL, TIMELY, CORRECT, COMPLETE, INFORMATIONALLY SOUND. WE ALSO OFFER NO WARRANTIES OF ANY KIND IN REGARDS TO MERCHANTABILITY, WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES FOR THE SERVICES, GOODS RECEIVED THROUGH THE ADVERTISEMENTS PRESENT ON OUR WEBSITE OR ACCESSED VIA THE LINKS AND ADS PRESENT ON THE SITE, WARRANTIES CONCERNING THE RELIABILITY, ACCURACY OR CORRECTNESS OF THE INFORMATION AND RESULTS OBTAINED FROM YOUR RELIANCE ON THE WEBSITE, WARRANTIES THAT THE WEBSITE WILL BE PROVIDED TO YOU IN AN UNINTERRUPTED MANNER.
PLEASE NOTE THAT www.babapandey.com.np OFFERS NO ADVICE OF ANY KIND SO CONSULT WITH YOUR FINANCIAL ADVISER OR BROKER BEFORE EXECUTING ANY KIND OF STOCK TRADE, FNANCIAL DECISION OR SIMILAR DECISION. Baba Pandey WILL NOT BE HELD LIABLE FOR ANY DECISIONS MADE ON THE BASIS OF THE INFORMATION OBTAINED VIA THE WEBSITE OR THE SERVICES.
You hereby agree to indemnify and hold Baba Pandey (including its affiliates, agents, subsidiaries, partners, employees, business associates, directors and subcontractors) harmless from any liability, loss, damage, claim or demand, including but without limitation, attorney’s fees, that may have incurred out of your use, misuse or inability to use the site or the services, the user generated content you submitted, posted, transmitted or made available, your unauthorised use of any portions of the sites or services, any alleged or actual breach of this Agreement, your connection to the services, your reliance on the information provided to you via www.babapandey.com.np and your violation of any rights of another, including but without limitation, copyright claims.
Limitation of liability
You hereby acknowledge that Baba Pandey is in no way liable for any of the following:
- Baba Pandey does not guarantee the accuracy, usefulness, completeness or reliability of any information presented to you on the Site and Services;
- Baba Pandey is in no way liable or responsible for the opinions, advice, statements or affirmations made by any contributor, moderator, author or party appearing on the sites
- This limitation is also applicable in relation to any damages incurred from services or products received through or advertised on the Site or via the services
- This limitation is also applicable in the case of damages incurred in relation to any information, advice, or opinion posted by a third-party on the website.
- Baba Pandey will not be liable for any and all damages (including but without limitation consequential, special or incidental damages, loss of profits) that may have resulted from your use, misuse, inability to use, access or inability to access the Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory.
If, in good faith, you believe that the content or materials presented to you via the Site or Services infringes upon the copyright or intellectual property rights of another entity, please notify us via our contact form.
This agreement is not transmissible, transferable, sub-licensable by you. No agency, joint venture, partnership or employment is created as result of this agreement.