This is an agreement between you ("you" or "your") and Patuki Nepal Pvt. Ltd., a company incorporated under the Companies Act of Nepal 2063 B.S. ("Patuki" "we," or "our") that governs your use of the search services offered by Patuki through its website www.patuki.com ("Website"), telephone search, SMS, internet or any other medium using which Patuki may provide the platforms. When you access or use any of the platforms you agree to be bound by these Terms and Conditions ("Terms"). Please proceed further only if you agree the terms and conditions. If you do not agree with these statements, please step back from accessing the site and any of its services. These terms and conditions are subject to changes and modifications from time to time. All amendments will become active within 48 hours after they have been posted and anyhow, by using the service in any way, you are agreeing to comply with these terms and conditions.
Patuki.com only provides information entered by our users! You understand that all information you enter (including images or external links or any other material or any other information you enter or link in or out ), referred to hereafter as "listing" or "items" or "information", are the sole responsibility of the user entering the information. The right to publish any material, or edit it, lies solely with the user and if you have posted it, with you. Patuki.com is only a platform which hopefully will help you to find information, trading or communication partners. Patuki.com only provides a platform which enables you to find information, publish information or communicate with one another. Patuki.com does not have any control over the quality of the listing; it's pricing or the issue of guarantees and warranties on items for trade or control in any manner any transaction or information exchange between the users of this site. Accordingly: Patuki.com is not responsible for any non-performance or breach of any contract entered into between users. Patuki.com cannot and does not guarantee that the concerned users will perform any transaction. Patuki.com shall not and is not required to mediate or resolve any dispute or disagreement between users.
Patuki.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the site or to other user generated content. And it is not the obligation of Patuki.com to control the listings or information given by users. In particular, Patuki.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the site. Patuki.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Patuki.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with and use your best judgment in that behalf.
The site is a channel of communication whereby the users can reach a larger base to buy and sell items, establish contacts or exchange information in general. Patuki.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the interested user which may become a buyer. At no time shall any right, title or interest over the items vest with www.patuki.com nor shall Patuki.com have any obligations or liabilities in respect of such contract. You are solely responsible and shall independently agree upon the manner and terms and conditions of delivery, insurance etc. with the other users that you transact with.
You release and indemnify Patuki.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Patuki.com cannot control the information provided by other users which is made available on the site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the site. It is up to you to evaluate the given information and you bear the risks associated of using the site (e.g. also clicking external links). Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
You agree that all information provided by you to the Patuki.com platform is accurate. If you provide any information that is untrue, inaccurate, not current or incomplete or Patuki.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the terms and conditions, Patuki.com has the right to indefinitely suspend or terminate the relation with you, delete any of your content from the website and refuse to provide you with access to the site. Patuki.com may edit, delete listings, block the users IP address or terminate the user's access without giving any reason, without prior notice and for whatever reason and without liability to the user or any third party for this. This is especially the case if:
- You breach this agreement.
- Patuki.com cannot verify or authenticate the information provided by you.
- Patuki.com believes that your actions may cause you loss, or believes that your actions may cause any type of loss to Patuki.com or other users of Patuki.com.
- If any irrelevant classified has been posted under any category/city.
- All communication between Patuki.com and its members will be through email only. All such electronic documents are legal equivalents to written documents and will be treated as the same.
- If you are a verified mobile user of Patuki.com, we have all rights to add your number into our SMS list. Patuki.com will never spam you.
By posting all materials and information at Patuki.com, you grant Patuki.com the permission to:
- send promotional and informational email to you.
- Use, copy, distribute, transmit, or translate.
- Sub license these rights to an extent that is permissible by law.
Patuki.com will not pay you for any ad submission and we reserve the right to remove your submission at any point.
We, our subsidiaries, officers, directors, employees and our suppliers provide our web site and services "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Under no circumstances will Patuki.com be held liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the web site, even if Patuki.com has been advised by any party of the possibility of such damages. Patuki.com is not liable for links to external websites which you may find on the website. If you are dissatisfied with Patuki.com or its affiliates, you do not agree with any part of this agreement, or you have any other dispute or claim with or against Patuki.com with respect to this agreement, then your sole and exclusive remedy is to discontinue using the web sites.Your posting is not a contract. By posting you are not entering into an agreement to complete the transaction. Your reply to a post is neither a contract nor a binding offer! Your reply to a posting is neither a contract nor a binding offer. By responding to a posting you are not entering into an agreement to complete the transaction. It is simply a first step of your general interest, such as entering a shop will not force you to buy something. All listings or all information you provide to Patuki.com must be legal in Nepal as well in any other country that the user wishes to transact with. Try to describe your posting as accurately as possible. Misrepresentation of your posting through description, images, functionality and price will be viewed as fraud.
In general, non-completion of a sale for reasons other than that those outlined above will be viewed as seller fraud and will be dealt with accordingly.The site (Patuki.com) and its services may only be used to lawful purposes alone and in a lawful manner. You may not act under a false name. You may not show interest under a false identity or impersonate another user. Such fraudulent activity may be reported to the concerned law enforcement authorities and violators could be prosecuted.
At no point of time during your use of our site your activities shall involve the following:
- A posting that, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force in any way.
- The offer to sale of items that are stolen.
- Uploading viruses or bugs onto the server or any other activity that may cause Patuki.com to lose control over its ISP's or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Contact anyone who has asked not to be contacted.
- Use the email function on Patuki.com to send unsolicited emails or use addresses found on patuki.com to send unsolicited Mails (SPAM).
- Collect data on the Patuki.com website about other users for commercial or unlawful usage.
- Infringe on a third party's rights, especially copyright, trademark, or patent as this could also land you in legal trouble.
- The use of pornographic images or articles. Use abusive, sexually explicit or derogatory language.
- Linking images, feedback or articles from another site especially if they are copyrighted or get attracted under intellectual property rights.
- Do any activities, which shall directly or indirectly amount to hacking.
- Without prejudice to the generality of the above, Patuki.com does not permit transactions in the "Securities" including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
- Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws.
- Weapons of any description.
- Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
- Use robot, spider, scraper or other automated means to access the site for any purpose without our express written permission is prohibited.
- You will not engage in any activity that may interfere in proper working of the any measures we use to restrict access to our website.
- There will be no misuse or use of content that is not yours without prior consent.
- There will be no unauthorized access to data that is private and confidential.
- Any religious items, including books, artifacts, etc. which is likely to affect the religious sentiments of any person.
- "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, Defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
- Create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers and link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the terms and conditions; you do not have a right to link to or include.
Help us to find restricted activity by contacting us through our e-mail or phone number.
In case there is a dispute with Patuki.com, the issue will be solved amicably. If you have any problems with our services we urge you to contact Patuki.com directly (for the contact details see below). We will consider reasonable requests for dispute resolution rather than option for litigation. In any case you accept that the maximum period for your legal claim against Patuki.com is 12 month. You accept that your claims after this period will not be considered .The site is for 16 years or 18 years above only. In any case, you affirm that you are over the age of 16, as the Website is not intended for children under 18.
Patuki.com does not charge any fee for browsing or replying. Premium Listing fees are charged to the users who use the Premium Feature for listing their classifieds. We reserve the right to change the fees structure. We may introduce new services and modify some or all of the existing services offered on the site. The fee paid by you to avail the Premium Feature will not be refundable. If the posting is fraud/ irrelevant, we will delete the ad and NOT REFUND the money. Patuki.com and you are independent contractors and this agreement or the use of Patuki.com services does not imply any partnership, joint venture, employee - employer or franchisee-franchise relationship.The user agrees to defend, indemnify and hold Patuki.com and all its affiliates harmless from all claims and expenses including attorney's fees, arising out of the use of Patuki.com by the user.
Patuki.com offers 100% risk free classifieds and postings in the sense that the listing has not a legal binding nature. In case of a technical glitch, Patuki.com reserves the right to stop, restart, or cancel any listing at any time, including before, during and after. It is in the best interest of all users to print a copy or write down the listing number of each listing. It is the sole responsibility of the user to maintain the listing numbers. You shall agree to comply with all statutes - including domestic, international, trade regulations, such restrictions imposed by Patuki.com, or government regulations being introduced from time to time by any authorities in Nepal. The above terms and conditions shall be governed in accordance with the statutes of Nepal.
If this contract or any part of it may be illegal, invalid, unenforceable or inaccurate specified, this does not mean that the whole terms and conditions are invalid and the other parts of the terms and conditions remain in full force and effect. The user agrees that it will be displaced by a legal solution which is as nearby as possible to the originally intended one.
So you agree that the use of Patuki.com is at your own risk. Any incidents including injuries, death or any expenses, breaches or errors occurred, Patuki.com is not and will not be responsible in any way.