TERMS OF SERVICE
Welcome to mns.com.np. This ‘Terms of Service’ applies to current and future visitors to this site [which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of the kind that crawls, indexes, scrapes, copies, stores or transmits digital content)] as well as products of Movers and Shakers that are linked to this policy. As used herein, “we,” “us” and “our” refers to Movers and Shakers, and “you” and “yours” refers to the user.
Please read this policy carefully. Once you start using mns.com.np, it is deemed that you have agreed to the terms of this policy and are bound by the terms and conditions. If there is a conflict between these ‘Terms of Service’ and any such other terms, these ‘Terms of Service’ will prevail. The Movers and Shakers Services are intended for Nepal jurisdiction and abide by the laws of Nepal. Any provision inconsistent with local laws shall remain void. If you are accessing the Service from foreign jurisdiction, you may use the Service only if they comply with the laws of the country from which you are accessing our Services.
I. Our Services
We provide our services on an as-is or as-available basis for your noncommercial and personal use, except if otherwise agreed upon. We may display links or add content within them. Movers and Shakers may add features to or remove features from the Services at any time and from time to time at its sole discretion. These ‘Terms of Service’ may be modified at any time or from time to time. You agree that your use of the Services is subject to the ‘Terms of Service’ then in effect. Continued access to the Services by you following any modification to the ‘Terms of Service’ will constitute your acceptance of the ‘Terms of Service’ as modified. If you do not agree to be bound by all of the terms set forth below, do not use the Services.
Movers and Shakers does not declare its service is error-proof and does not assume responsibility for any errors or omissions found in the materials comprising the Services. Further, it does not make a commitment to update the information in the Services. Movers and Shakers also claims that it neither forwards any advice or information through its Services, nor shall it create any warranty or liability. Further, Movers and Shakers is not responsible for any content transmitted to or posted to the Services by a third party. Any such third-party content does not necessarily represent the opinions, beliefs, or positions of Movers and Shakers.
Movers and Shakers is not responsible for, and does not control, any third-party content or advertisements that are posted on the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Some of these third party sites may be co-branded with the Movers and Shakers logo, even though they are not operated or maintained by Movers and Shakers (for example, special sections appearing online that are hosted and maintained by third parties). When visiting other web sites or sections of the Movers and Shakers Services that are operated or maintained by a third party, you should refer to each such web site’s individual ‘Terms of Service’.
II. Intellectual Property (IP) Policy
All the Intellectual Property associated with the Services is protected and shall remain with Movers and Shakers. These rights shall extend to but are not limited to software, text, videos, photographs, images, sound files and other materials (collectively, “Content”). Any Content broadcast, transmitted or made available through the Service shall not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of Movers and Shakers. Where the Content is licensed by Movers and Shakers from third parties, the entity that is credited as the copyright holder of such licensed content shall exercise the IP rights.
You have no rights in or to the Content, and you may not use the Content except as permitted under these ‘Terms of Service’. You may download freely accessible Content from the Services for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from the Content. Any third-party materials transmitted or posted to the Services become the copyrighted property of Movers and Shakers, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by Movers and Shakers. If you violate these ‘Terms of Service’, your permission to access mns.com.np is terminated, and you must immediately destroy any copies you have made of the Content.
Movers and Shakers neither infringes on nor permits infringement of intellectual property rights on the Services. If you believe that any Content on the Services infringes on your copyright or other intellectual-property rights, you may notify Movers and Shakers by providing the information under the law.
By accessing any digital service made available by Movers and Shakers, you specifically acknowledge and agree that the text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcasting or publishing purposes or redistributed directly or indirectly in any medium. Further, you also acknowledge that no Movers and Shakers products or any portion thereof may be stored in a computer except for personal and non-commercial use.
Movers and Shakers shall not be liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission of or delivery of all or any part thereof or for any damages arising from any of the foregoing.
III. Impermissible Uses of The Services :
Movers and Shakers limits the use of its Services. You agree not to systematically retrieve data or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of ‘bots’ or otherwise. You also agree not to use any trademarks, trade names or other intellectual property of Movers and Shakers, its affiliates or any third party from the Services to any other website. You shall not collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, or delete or revise any material posted by another user.
The following activities on the Services are expressly prohibited:
- Any use of the Services, which in Movers and Shakers’ sole judgment degrades the reliability, speed, or operation of the Services or any portion of mns.com.np or any underlying hardware or software thereof,
- Any attempt to gain unauthorised access to the Movers and Shakers’ computer systems or networks; and
- Any use of the Services that is unlawful or in violation of these ‘Terms of Service’.
IV. User-Generated Content
Movers and Shakers may provide you an opportunity to post texts, videos, photographs, images, sound files and/or other content to the Services (collectively, “User Generated Content”) owned by you. Movers and Shakers does not necessarily endorse, support, sanction, encourage, or agree with the User-Generated Content and expressly disclaims any and all liability in connection with any User Content.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content containing advertisements or other commercial solicitations without our prior permission.
You yourself are responsible for your unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libellous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, or international law;
YOU ARE RESPONSIBLE FOR ANY CONTENT YOU POST TO MOVERS AND SHAKERS SERVICES AND THE CONSEQUENCES OF SHARING OR PUBLISHING SUCH CONTENT WITH OTHERS OR THE GENERAL PUBLIC THAT INCLUDES ALL THE CIVIL AND CRIMINAL LIABILITIES THAT ARE CREATED BY YOUR CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
Movers and Shakers does not review the User Generated Content transmitted or posted by users and is not responsible for such content. However, Movers and Shakers shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these ‘Terms of Service’ or is otherwise objectionable, as determined by Movers and Shakers in its sole discretion and without notice.
You agree to indemnify Movers and Shakers and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Services, your transmission or posting of User Content, your unauthorised use of material obtained from the Services, your breach of these ‘Terms of Service’, your violation of any law, regulation or any right of any other person or entity, and any unauthorised use of your account or password. Movers and Shakers reserves the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests assisting our defence of such matter.
To use certain optional features and functions of the Services, you may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorised purpose. By creating any user account, you represent, warrant and certify that you are at least eighteen (18) years of age.
You are responsible for actions undertaken by those using your user account(s) and password(s). Movers and Shakers, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these ‘Terms of Service’.
Movers and Shakers may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if Movers and Shakers determines that you have posted or transmitted content that flouts the guidelines set forth for User Generated Content more than once.
- Affiliates: An affiliate is any company that is controlled by or under common control with Movers and Shakers.
- Device Identifiers: Device identifiers are strings of letters and numbers that can be used to distinguish one device from other devices.
- Internet Protocol (IP) Address: An IP address is a number that is automatically assigned to a user’s computer whenever they access the internet, which web servers use to identify where to send the information user’s computer requests.
- Personally Identifying Information (PII): Personal information is information that identifies a specific person. It includes your name, address, telephone number, email address, payment card number, and government-issued identification number.
- Non-Personally Identifiable Information: Non-personally identifiable information is every kind of information except for personal information.
Movers and Shakers owns and the mns.com.np site and other sites (i.e. sub-sites and micro-sites) therein. As used herein, “we,” “us” and “our” refers to Movers and Shakers and its affiliates. Any individual accessing or using ‘Services’ is referred as ‘You’ or ‘User’ and hereby agree to be bound by these Terms and the other policies listed on the website.
IV. DEEMED ACCEPTANCE
V. COLLECTED INFORMATION
- Personally Identifying Information (PII): We may ask you to provide us with certain personally identifying information. You can choose not to provide such information, but then you may not be able to take advantage of or participate in some features of the Services. We do not automatically collect any PII from visitors to the Services.
- Personally Identifying Information (PII) of Children: We do not knowingly collect or solicit PII from or about children under the age of 18. By submitting any PII, you certify that you are at least 18 years of age. If we discover that we have received any information from or about a child under 18 in violation of this statement, we will delete that information.
- Non-Personally Identifying Information (NPII): We may collect certain NPII through our website or services as follows
- Log Files: We may use programs that collect information about log files, including browser types, Internet Service Providers (ISPs), referring/exit pages, platform types, date/time stamps, number of clicks, and Internet Protocol (IP) addresses. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of the Services. We may disclose such non-personally identifying information, such as aggregated statistics, to third parties for a variety of purposes, including describing our services, marketing, and improving the experiences of yours to the Services. The information that we collect regarding log files is not linked to PII.
- Automatically Collected Information: We may use automated means to collect various types of information about you, your computer or other devices used to access our Services, it may include: network or internet protocol address and type of browser you are using, the type of operating system you are using, the name of your internet service provider and domains used by such providers, mobile network, device identifiers, device settings, browser settings, the web pages of the Services you have visited, Services visited before and after you visit a Service, the type of handheld or mobile device used to view the Service, location information, and the content and advertisements you have accessed, seen, forwarded and/or clicked on.
- Geo-location Information: If you are accessing this Service from a mobile device or through a mobile application, you may be asked to share your precise (GPS level) geo-location information with us so we can customise your experience on our Services or on other Services, when we work with a partner such as a third-party mobile ad platform. If you agree to such collection, in most cases, you will be able to turn off such data collection at any time by accessing the privacy settings of your mobile device and/or through the settings in the applicable mobile application.
- Information from your social media account: When you provide information from your social media account, it can help enable us to do things like (1) give you exclusive content, (2) personalise your online experience with us within and outside our Services, (3) contact you through the social media service or directly by sending you the latest news, special offerings, and rewards, and (4) enable you to share your experience and content via social media services. When you provide information about yourself to us through an application, through our Services, or on social media services or other third-party platforms, other members of these services may publicly view it, and we cannot prevent further use of the information by third parties.
VI. POSSIBLE USE OF INFORMATION:
- Authorised Purposes and Special Offers : PII that you voluntarily submit may be used for the purposes authorised when it was submitted. You may pick and choose which email newsletters you wish to receive (including not to receive any email newsletters) by clicking the ‘unsubscribe’ link included at the bottom of every email newsletter you receive from us. In addition, we, our advertisers, or third parties selected by us may send you special offers and information. If you do not wish to receive such special offers and information sent by email, you may follow the instructions for unsubscribing included within any of such special offers or informational emails.
- Sweepstakes, Contests and Promotions: If you win a sweepstakes or contest, your PII may be disclosed on a winners list as required by law. In addition, by entering a contest or sweepstakes on the Services, you consent to the use of your PII by us and our service providers providing services in connection with such sweepstakes or contest for purposes of prize fulfilment and/or for marketing, such as to notify you of a product or promotion that may be of interest to you. If you no longer wish to receive emails about products or promotions that may be of interest to you, you can always opt out of receiving further information by clicking on the ‘unsubscribe’ link included in such emails.
- Statistical Analysis: We may use collected information to create aggregate statistics about activity on and visitors to the Services, including the number of return visits to the Services or our advertisers’ websites, the number of unique visitors that have viewed or ‘clicked’ on a particular ad or visited a particular web page and how much time is spent on each page of the Services. We may also create aggregate demographic statistics. We may use these aggregate statistics to measure interest in various areas of the Services, to better design the Services and to improve our marketing strategy and product offerings. We may share the aggregate statistical information with third parties.
VII. SHARING AND DISCLOSURES:
We may disclose collected information in the good faith belief that we are required to do so by law, or when doing so is reasonably necessary to:
- comply with the law or legal process;
- respond to any claims;
- protect and defend the rights, property or personal safety of Movers and Shakers, its subsidiaries and affiliates, as well as our customers, users or the public; or
- protect against misuse or unauthorised use of the mns.com.np website. In addition, collected information may be disclosed as part of any bankruptcy, merger, sale, and transfer of company assets or acquisition. To service providers, affiliates or partners: We may share or disclose your information to service providers, affiliates or partners that we have engaged to perform business-related functions on our behalf. This may include service providers that:
- conduct research and analytics;
- create content;
- provide customer, technical or operational support;
- conduct or support marketing (such as email or advertising platforms);
- fulfill orders and user requests;
- handle payments;
- host our Services, forums and online communities;
- administer contests;
- maintain databases;
- send or support online or mobile advertising; and
- otherwise support our Services.
VIII. THIRD PARTY SITES AND CONTENT:
During your visit to the Services you may view as part of a frame that includes our content, certain content and websites that are actually created, operated, owned and/or hosted by a third party or third parties. You may also see links on the Services to other websites. We are not responsible for the privacy practices or the content of third parties. You should check the applicable privacy policies of those third parties when providing PII. In addition, certain sections of the Services may have their own, specialised privacy policies, because they could be part of a social network or are hosted by a third party. You should check the applicable privacy policies of those sections and/or of such social networks.
IX . DATA SECURITY:
- We use reasonable administrative, technical, personnel and physical measures to safeguard PII against loss, theft and unauthorised use, disclosure or modification.
- As effective as our security measures are, no security system is impenetrable. Moreover, we cannot guarantee that information that you supply will not be intercepted while being transmitted to us.
- We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorised access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the Information that we collect and store.
X. OTHER IMPORTANT INFORMATION
- Linked Services: Some of the Services contain links to or integrations with other services such as Facebook, Twitter, LinkedIn, and other media services and platforms whose information practices may be different than ours. Visitors should consult these other services’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
- International Transfer: This Service is governed by and operated in accordance with the laws of Nepal. If you are located outside of the Nepal, you use this Service at your own risk. Your Information will be transferred to and processed in Nepal, from where many of our central databases operate.