Terms of Use

Terms and Conditions

INTRODUCTION

We happily welcome you to our online portal and social media mobile app. This online platform is developed to engage people for creating and promoting the business focusing the Nepali community around the globe in particular and for global citizen in general. We highly appreciate your interest to join our online platform. These Terms of Use (TOU) including all provisions contained herein govern the practices in which you (the User) may access our website and use any of the services or functions which this portal provides. These TOU together with our Privacy Policy may be found on https://aafanta.ccom/privacy­policy/ Please review these TOU carefully; if there is any portion with which you do not agree or refuse to comply, do not access or use our Site or any of its services.

1. The General Site and Service

Aafanta.com provides a web portal and a mobile app (both IOS and Android version) to be engaged in through individual or institutional sign up. To make the aafanta a safer trustworthy, aafanta.com encourages the parties accessing the website and app (“users” hereinafter), for open and honest communication. aafant.com is a ‘free­to­use’ site and service for individual users while the institutional users may pay charge for the promotion of their business, and no material, statements or content of any kind appearing on the website or any linked or related webpage or other available medium is an opinion or representation of aafanta.com, or any of its members, managers or agents (including any heirs or assigns) unless the same is represented as such or directly produced by a source which we wholly own and control.

2. Definitions


2.1 Aafanta.com website and mobile app

The aafanta.com Website (the Site) and aafanta mobile app is the online platform, including any Content (as defined hereinafter), through which aafanta.com operates its Service and System, as well provides User access and functionality for posting individuals and institutional messages, story, photo and videos as well.

2.2 Aafanta.com Service

Aafanta.com service (the Service hereinafter) is the functional portion of our Site and mobile app which allows Users to: I. post honest and socially acceptable story, photo, video for individual users and organizational messages for institutional users. II. view the posts/responses of other Users; III. view and access user accounts IV. view limited public profile information of other Users.

2.3 Users

A User (You) is any person or entity (institution) who accesses any portion of our Site and Mobile App irrespective of any status as an individual, a business representative, an Account Holder or otherwise. As a User, you are subject to these TOU and our Privacy Policy and agree to abide by all terms and conditions contained in this document.

2.4 Account Holder

All users either individual or institutional are termed as Account Holder. Only the Account Holders are permitted to use online platform aafanta.com and aafanta mobile app. Registration as an Account Holder is required for the posting and/or accessing photo, videos, memories, promote their businesses, contact institutional and/or individual users. As an Account Holder there are certain terms and conditions contained in these document that you must abide by, which in some cases may apply above and beyond the general terms and conditions applying to all Users. Without limitation such provisions may include: Restrictions upon Age, Account Information Submission Requirements, Password and User Name Requirements, Posting and Response Regulations, User­to­User Communication Policies, Account management and Termination, and various other rules as may apply. It is important that you read the entirety of these TOU before creating an account because upon creating an account you will be accepting all provisions in these TOU that apply to you as a user.

2.5 Posting/Sharing

A user can share their written content, photos, videos and weblinks through their timeline at no cost basis unless it creates or promotes the business or generate income through our site. And mobile app. Institutional can share their organizational information to reach their target group or general users. All posting and sharing through this platform must be legally, socially, culturally and environmentally acceptable based on the location the users are accessing the portal/app.

2.6 Feedback

Aafanta.com terms the suggestions, guidance and general advice of the users as feedback and this feedback will be used for improving the site functionality and user­friendly application of online portal and mobile app.

2.7 Content

This TOU defines content as any material, existing or having existed on our Site in any fashion from any origin and in any form that may be digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Site or existing as data, designs, text, images, graphics or code whether object, source or otherwise, and without limitation may generally be considered as material or content which we have provided on or as part of our Site or which Users have provided, posted or uploaded to it. Where specifically referenced, Third Party Content shall be considered any of the same as described immediately above and which is specifically provided, posted, uploaded or otherwise submitted by aafanta.com or aafanta mobile app user.

3. Terms for All Users

Unless specifically designated otherwise in this TOU, the terms and conditions in this Section apply to your use of our Site and Mobile App, Service and System as do all other provisions. As a User, if you subsequently act as or become a website or app user and/or an Account Holder ( verified or not), you will still be subject to these and all other terms in these TOU unless we specifically give written indication to the contrary.

3.1 General Standards for Use of Site and App

We (aafanta.com) hereby grants you a non­exclusive, non­transferable, non­sublicensable right to access and use our Site in the intended manner(s) described herein and in accordance with these TOU in all and each case(s) and/or to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly access or use our Site or any account or feature of it in any fashion which violates these TOU or the rights of any Third Parties and specifically but without limitation you may not and may not permit any other party to: modify, reproduce, rebroadcast, retransmit, reperform, or otherwise create derivatives of any part of our System, Service(s) or Site Content; reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Site ( except where not applicable to certain limited extents where restrictions on reverse engineering are prohibited by jurisdictionally proper local law); otherwise violate any of our intellectual property, or the intellectual property or rights to publicity or privacy of others (whether now know or unknown) remove or alter any proprietary notices or labels on or in our System, Services or Site Content; engage in any activity that interferes with or disrupts our System, Services or Site; or engage in any fraudulent activity, activity for which our Site, Services or System is not intended or is forbidden (expressly or impliedly), or any activity that facilitates fraud or illegal activity of any kind.

3.2 User Conduct Restrictions

Every users are subject to sole responsibility (to our absolute exclusion) for their actions while using our Site and mobile app. Any content provisions or submissions made to our Site and mobile app by them or their agents or allowed parties, and agree that in no case shall they engage in activity which is or may be viewed as malicious or harmful including without limitation: u pload, post, email, transmit or otherwise make available any Content, including the making of any offers or statements, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, false, misleading, vulgar, obscene, libelous, invasive of privacy, fraudulent, hateful, or racially, ethnically or otherwise objectionable; harm or discriminate against any minors or any persons of any classes or engage in any activities which are or may be viewed as attacking, infringing or denying the Civil or Constitutional rights of any person or party; stalk, harass, or threaten any person or party; facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of any prize, discount, fee, pay­off, bribe or
monetary agreement (other than a bona fide business credit or return as would normally be provided in the regular course of a concerned business’ operations to resolve an unsatisfactory customer experience in good faith) in relation to the status of any submission, post, report or complaint, or Content otherwise offered in accordance with the provisions in these TOU; impersonate any person or entity, including, but not limited to, a aafanta.com representatives. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with our Site, Services or System in a manner not consistent with these TOU.

3.3 Content

All content existing on our Site which exists in accordance with these TOU may either be owned by us or subject to a license held by us, but in no case, unless specifically designated as such, is any User submitted Content to be considered endorsed by us or expressive of our own statements or opinions. The content accessible through a link provided on our Site by any party other than aafanta.com/ aafanta app or our authorized agent(s), or otherwise located in any place which is not controlled by us, including the websites of any third parties, is content which is not held or owned by us, or for which we are responsible in any fashion, and any such content is accessed by you at your sole risk and discretion. You agree that absent the express written permission of aafanta.com you shall not, nor shall you attempt to, appropriate, falsely claim authorship or ownership of, repost, copy, derive, distribute, publicly display, publicly perform, publish, broadcast, rent, lease, offer or sell, reverse engineer, decompile, associate with in a false, diluting or confusing manner, repost to another website or make available in any linked computer system or otherwise infringe or use in an illegal manner, any content on our site which is owned by us, by a party other than yourself, or for which you do not have the explicit legal right to do so.

3.4 Your Content

Either of the content which you submit, post to or otherwise transmit or make available to our Site or to aafanta.com generally shall result in you granting to us a non­exclusive, nontransferrable, royalty­free, perpetual, worldwide license for the use of such content for our own internal purposes including but not limited to metric or analytic undertakings consistent with our Privacy Policy, the posting or display of such content on our Site at our own sole discretion, and the use of such content by us for purposes which without limitation may include or be similar to advertising, promotion, training, reference, comparison, copying, adaptation, derivative creation, redisplay, reproduction, retransmission, reperformance, rebroadcast, dissemination and/or attribution. You agree, represent and warrant that no content which you submit, post to or otherwise transmit or make available to or through our Site or mobile app generally shall be, or shall be viewable as infringing upon the rights of aafanta.com or of any third parties including any violation of any copyright, trademark, patent, trade secret, moral right where applicable, right of publicity, right of privacy, right claimable under any international treaty or convention, defamatory, false, fraudulent, deceptive, misleading, threatening, pornographic, hateful, illegal, or otherwise inconsistent with any rights held by you, aafanta.com, or any third party in accordance with any applicable law, either foreign or domestic. If any content posted or provided by you violates these restrictions or any other provision of these TOU, you shall be viewed as being in violation of these TOU and may be subject to immediate suspension or termination of your privileges of use of our Site and mobile app including any access to or use of aafanta.com or mobile app aafanta, as well as the indemnification and defense of aafanta.com as discussed in detail. You also understand and agree that any content existing on our Site and/or posted/ provided/ submitted by you may be subject to the review by aafanta team or independently contracted parties (without any obligation on the part of aafanta.com to do so) and that such content may be required to be transmitted through various systems and/or presented in a slightly altered or otherwise not original state in order to be compatible with our Site, Service, System and Software.

3.5 Disclosure and Removal

Irrespective of any ownership or license status, any content existing on our Site or otherwise held by aafanta.com may be disclosed by us in accordance with any legal requirement, investigation by any state, federal or regulatory or legal agency, bureau or body otherwise having jurisdiction, any judicial order or lawful discovery request, any legally enforceable request (such as those under the Freedom of Information Act), and that upon such disclosure aafanta.com is in no way required to inform you of or work with you to limit the amount, form or timing of the disclosure unless aafanta.com has otherwise expressly agreed with you to do so in writing. You also understand and agree that irrespective of any ownership or license status, aafanta.com may remove and/or delete any content from the Site at any time without prior notice to or authorization from you and may not be compelled to repost any such content under any circumstances. Without limitation or obligation, you are hereby notified that aafanta.com may, in its sole discretion, refuse to post, reject and/or remove any content of any kind at any time ( including any submissions/posts) if we deem such content to: (a) be defamatory, false, vindictive , harassing, fraudulent, misleading, exploitative, intentionally harmful, subject of a legal dispute, in bad faith or if we deem such to be contrary to the purpose and spirit of aafanta.com which is honest reporting on suspicious business practices or bona fide business experience­related complaints; or(b) in violation of any provision of these TOU including but not limited to Section 3.1, 3.2 or any provision herein which regulates the nature of content and/or sets­forth the requirements and regulations for submissions, posts, reports, responses and the like.

4. Passwords and Account Security

After registering with us, you will create an account name and a password. You are responsible for maintaining the confidentiality of your account name and password, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by any other parties whom you authorize or allow directly/indirectly to use your account. In case of any unauthorized use of your password or account or other breach of security or attempt thereof, you agree to immediately notify aafanta.com; further you agree to ensure that you exit from your account at the end of each session in which you use it. Aafanta.com cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. If any dispute between two or more parties as to account ownership, you agree to notify aafanta.com of the dispute and that aafanta. com may, in its sole discretion, be the sole arbitrator of such dispute and that aafanta.com’s decision (which may include termination or suspension of any account subject to dispute and/or report to any other bodies having competent jurisdiction over the issue) shall be final and binding on all parties.

4.1 Account Termination

You (User) have full privilege to use our site and mobile app accessing its full feature for personal and institutional use so far as our Site, Service and System are concerned. Which is provided to you by us and exists and is maintained entirely at our discretion. At any time, with or without cause, we may terminate/suspend your account(s) and/or terminate/suspend any pending submissions, posts, reports, responses, communications or other Content associated with it. You agree that you release us now and forever from any liability incurred by you as a result of our termination/suspension of your account(s) and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account(s). You acknowledge that without limitation, grounds for termination of your account(s) may include any violation by you or any user of your account of any guideline, restriction or regulation concerning Content, submissions, posts, reports, complaints, responses or the like as set forth by these TOU or any other violation of these TOU otherwise, by the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity, or otherwise upon our discretion if we deem any aspect of your conduct as a User to be counter to the purpose, mission and standards of aafanta.com. You understand and acknowledge that our termination/suspension of your account(s) do not require prior notice to you. For any reason in which your account is terminated either by us or by your own cancellation, any submissions/posts by you and/or any responses or profile information if you are a business/Responding Party, may remain on our Site within our sole discretion. If you choose to cancel your account you may request that any of the aforementioned be removed but we shall be under no obligation to comply with such request.

4.2 Removal Requests

If your (users) posting or sharing doesn’t violate the provision of this TOU, it is not the policy of aafanta.com to remove any submission or posting from our Site nor shall there be any case under which we are specifically obligated to do so. Notwithstanding the foregoing, we take the guidelines, requirements and regulation concerning all submissions and/or posts very seriously and in any event which we feel the same has been violated we may, at our sole discretion, remove and/or alter the offending content and/or content associated with it such as a concerned business profile, Star Rating or resolution history. If you believe that any content with which you are concerned merits removal, you may specifically request such by contacting us using contact us segment of our site/mobile app.

4.3 User Verification and Age Restriction While registering with aafanta.com or aafanta mobile app, a verification link will be sent by phone text or email to verify the real user. Unless the system doesn’t verify the users, login is not permitted for further use of the site and app. Person below 18 years of age can not register


aafanta.com and aafanta mobile app. 5. General Terms and Conditions 5.1. No Warranty
We, on behalf of aafanta.com do not guarantee that our Site, Services and/or System will be error free or completely secure, or will operate in an uninterrupted manner, or that errors or defects will always be corrected. Your use of the website, the system and our services is at your sole risk . Aafanta,com commits no warranty that our website and services will meet your requirement or expectations. This platform is available for you as is and wherever available as without warranty or condition of any kind express implied or statutory, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non­infringement (including, without limitation, patient, trademark or copyright infringement), availability, reliability, timeliness, accuracy, security, completeness, title, custom, trade, quiet enjoyment or system integration, whether arising by law, equity, custom or conduct.

5.2 Limitation of Liability

Our liability to any and all users including individual and institutional as well as to any concerned parties is strictly limited. With regards to all users, we expressly disclaim any and all liabilities of any kind, the user experience and permissions of aafanta.com is provided solely at our discretion and we are not responsible to users for any expectation or requirement which may faced during the use of our site and mobile app. In any case that liability may be attached to us notwithstanding the forgoing, our liability to you to, to any user, to any business or to any other party shall be strictly limited to $ 200 (two hundred dollars).

5.3 Indemnification

You (user) understand and agree to defend, indemnity, and otherwise hold aafanta.com, its officers, directors and employees, agents, and/or heirs and assigns of any of the same harmless, from and against any claims, losses, liabilities, suits, actions, damages, demands, fees, sanctions, penalties, judgements, awards, costs, expenses or the like, including without limitation, reasonable attorney’s and accounting fees charged by any party resulting from your use of our website and mobile app. Including without limitation any use or submission by you orf any offensive, unauthorized, false, defamatory or infringing content of any kind or any other violation of these terms of use,, our privacy policy or any other contract which we hve or may have with you, now known or unknown.

5.4 Reservation of Intellectual Properties

Various information, images and other content contained within and otherwise comprising portions of the aafanta.com Site constitutes and may otherwise be construed as intellectual property of aafanta.com, including without limitation various trademarks, copyrights, patents and patentable subject matter, trade secrets, and data elements and source and object code. Unless otherwise expressly permitted by aafanta.com in writing or as expressly (not implicitly) allowed
under these TOU, you are never permitted to make use of or to download, access, sublicense or sell any such materials. aafanta.com expressly and implicitly reserves all rights to all its intellectual properties now known or unknown, and failure of aafanta.com to claim, reserve or otherwise contemplate any of its rights or potential rights to the same shall not constitute any waiver of any kind.

5.5 No Waiver

Due to your (use) failure of fulfilling the norms of this TOU, it doesn’t constitute any kind of waiver which may claim under these TOU or generally through the operation of our website and mobile app or general business activity.

5.6 Prohibition on Infringing or Offensive Content

The submission or use of any infringing, false, defamatory or offensive content by any User is prohibited by aafanta.com and any violation of this restriction by any person or entity constitutes a violation of these TOU, for which aafanta.com is indemnified and otherwise disclaims liability.

5.7 DMCA and Third­Party Content

We (aafanta.com) takes copyright and other intellectual property right infringement claims seriously and in the event that aafanta.com receives any bona fide take down order under the local digital copyright act. Aafanta.com will comply with such order and will only consider restoration of such content upon a confirmation of non­infringement by the concerned rights holder in the form of a final judgment, arbitration decision or proof of license or other permission or resolution, or upon aafanta.com’s own investigation and determination, where the latter shall only be conducted at aafanta.com’s sole discretion. Aafanta.com shall proceed in a similar fashion regarding any third­party claim of infringement as to any submission without proper authorization, by any User, of content held by a third party. Any such action as described under this section by any User may be a violation of these TOU and subject the submitting party/parties to indemnification of aafanta.com as discussed herein.

5.8 Dispute Resolution


All legal proceedings arising out of or in connection with these Terms of Use shall be brought solely into the local government laws and bylaws. You (User) hereby waive any rights to motion or seek a change of venue for the purpose of forum non convenient and assent to and acknowledge personal jurisdiction in the related state law and bylaws.

5.9 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Government of Nepal, without regard to its conflicts of law provisions. 5.10 Amendments
Aafanta.com reserves the right to make amendments to these Terms of Service or to update them at any time. Any such modification, addition, deletion or amendment, shall become effective immediately. It is solely the responsibility of any and all Users and any other concerned or potentially affected entity to review these Terms of Use from time to time; aafanta.com is not obligated to provide any notification of such amendments to any of the aforementioned parties.

5.11 Severability


Any term or provision of these TOU which is adjudged or otherwise determined by a court or other body of competent and authoritative jurisdiction to be illegal or unenforceable shall be automatically deemed as null and void and struck from these Terms and Conditions without any effect to or upon the legality or enforceability of any other provisions contained herein.

5.12 Entire Agreement

These Terms and Conditions constitute the entire agreement between aafanta.com and you, except to the extent that any expressly agreed upon and written contract is subsequently established between aafanta.com and you in regard to subject matter unrelated to these TOU or otherwise conflicting and expressly designated as controlling, otherwise these TOU supersede all other agreements between aafanta.com and you to any extent regarding shared subject matter or conflicting provisions.