Understanding your rights and responsibilities as a user of Growth Sellers
This agreement contains the terms, conditions, and provisions (the 'Terms and Conditions') upon which you (also referred to herein as 'User' and 'You' or 'Your') may access and use this jobsite.
Terms and Conditions
By accessing, viewing or using this jobsite, or using any of the many offerings and services that Growth Sellers provides (the 'Services'), you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use this site and the Services, or agree to supervise minors who use this site and the Services, and that you will be bound to any legal obligations you may incur as a result of using this site and the Services.
While using Growth Sellers, you need to have registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.
By registering on the Jobsite, you agree that:
(i) Your account and password are personal to you and may not be used by anyone else to access the Growth Sellers;
(ii) You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Jobsite; and
(iii) You will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.
You agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others. The Services are only available on the completion of the registration section of the jobsite including confirmation that the relevant terms and conditions have been read and accepted.
Where you are asked to complete your profile with the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.
Usage of the Jobsite:
Growth Sellers makes available an online recruitment and employment information service, where recruiters place advertisements for positions which they have and if interested you may submit responses to such positions (the "Services").
When responding to recruiters, please note that you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Growth Sellers as a party and Growth Sellers cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2. Termination of registration
If you no longer wish to have a registered account, you may terminate your account. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the jobsite. Continued use of the Jobsite indicates your continued acceptance of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the Jobsite immediately and without prior notice. We may terminate your registered account, at our sole discretion.
You acknowledge that Growth Sellers is not responsible for third party content on the jobsite and that Growth Sellers cannot ensure that material presented on the Internet is legal. Growth Sellers will not limit access to material unless notified that it is illegal. In particular, you acknowledge that Growth Sellers is not responsible for and does not monitor the content of job postings provided by third parties on the Jobsite. However, Growth Sellers shall have the right to remove any postings, materials or other items on the Jobsite which it believes may be illegal or which it determines to be inappropriate.
3. Use of Services of the Jobsite
Your use of the Growth Sellers is for your own personal and non-commercial use only. You acknowledge that, as between Growth Sellers and you, except for user content and advertisements (as discussed below), Growth Sellers is the sole owner of all content on the Jobsite, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, and other material appearing on the Jobsite ("Growth Sellers content"). The Growth Sellers and the Content are protected by the copyright laws and other intellectual property laws of Nepal.
Growth Sellers will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although Growth Sellers reserves the right to monitor any such communications which are made by you or third parties by means of the Jobsite and/or the Services.
4. Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in the content of Growth Sellers. Nothing in the Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing or reading to the Content or any part of it. You can access other sites via links from the jobsite. These sites are not under our control and we are not responsible in any way for any of their contents.
Growth Sellers makes no warranty that the contents of any and all e-mails communicated through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
We give no warranties of any kind concerning the jobsite. In particular, we do not warrant that the jobsite or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
Although we will do our best to provide constant, uninterrupted access to the Growth Sellers, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
5. Third party advertising on the Jobsite
You will see advertising material submitted by third parties on the Growth Sellers. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
6. Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Jobsite. Please note that Growth Sellers reserves the right to change the Terms and Conditions under which this jobsite and its Services are extended to you. Your continued use of this jobsite and the Services following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
7. Intellectual Right Property
All material contained on this jobsite, unless otherwise indicated, is protected by law. By posting jobs on Growth Sellers, you agree to allow Growth Sellers to use your company names, logos, and icons identifying your products and services, including any published company descriptions, in order to promote your job postings.
8. Availability of the Jobsite and the Service
Growth Sellers does not promise full, uninterrupted or error free operation of the jobsite and/or the Services. All liability of Growth Sellers, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Jobsite and/or the Services is excluded, insofar as it is possible to do so in law. Growth Sellers does not guarantee 100 percent up time.
9. Data Protection and Use of Personal Information
Information may be gathered from your registration form(s) and your use of the jobsites and/or the Interactive Services including through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a jobsite which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie attached to personal information collected another way, such as by means of your on-line registration form.
10. Acceptable Site Use
Users are prohibited from violating or attempting to violate the security of Growth Sellers, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Growth Sellers, overloading, 'flooding', 'spamming', 'mailbombing' or 'crashing', (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of Growth Sellers or any activity being conducted on this jobsite. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Growth Sellers other than the search engine and search agents available on such Growth Sellers and other than generally available third party web browsers.
You agree to indemnify Growth Sellers for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Growth Sellers or as a consequence of your breach of this Agreement and/or your use of the jobsite and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of Growth Sellers).
12. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Growth Sellers prior written consent.
Growth Sellers reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Jobsite.
15. No Waiver
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. Law and Jurisdiction
This Agreement shall be governed by the laws of Nepal and you hereby submit to the exclusive jurisdiction of the Nepal courts.
18. Refund Policy
Since our network primarily offers non-tangible, irrevocable goods we do not issue refunds once the services are provided. As a customer you are responsible for understanding this upon obtaining any service in our Jobsite. Sometimes your e-mail provider or your own mail server may have mailing problems which prevent you from receiving a delivery e-mail from us. In this case, please contact Customer Service for assistance.
Please note: We do not assume any responsibility and therefore we do not satisfy any refund requests based on incompatibility of our services with third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc). We do not guarantee that our services are fully compatible with all third-party programs and we do not provide technical support for third-party applications.
19. Online gateway
Growth Sellers takes charge of all payment details once the user uses the online payment services through the service provider for partial or full payment. We conduct manually verification once payment is done. However, we will not be responsible to any user who uses the online gateway with the intension to fraud and price jacking. As soon as we know such attempts, we will immediately terminate the user account.