Terms and Conditions

Please read the Terms and Conditions carefully before using [www.talentconnects.com.np].

This User Agreement, in the current electronic format, is a binding contract between Talent Connects and you (“you” or “User”) and does not necessitate execution by physical or digital signatures.

1. INTRODUCTION

Welcome to Talent Connects [Portal + ATS], also hereby known as “we”, “us” or “Talent Connects”. We are an online job platform for services (available at [www.talentconnects.com.np]) and these are the terms and conditions governing your access and use of Talent Connects along with its related sub-domains, sites, services, applications, softwares and tools (the “Site”). By using the Site, you hereby agree to accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by [Talent Connects Private Limited (Registration No. [209214/075/076]).

The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.

2. CONDITIONS OF USE

A. YOUR ACCOUNT

To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.

You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.

Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real-time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.

B. PRIVACY

Please read our Data, Privacy & Cookie Policy, which is also binding upon your visits to the Site. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the the policy and applicable laws and regulations including the Privacy Act 2018 of Nepal. The data collected from you shall solely be used for the purpose with which it is collected. If you object to your information being transferred or used in the manner specified in the Privacy Policy, please do not use the Site.

C. PLATFORM FOR COMMUNICATION

You agree, understand and acknowledge that the Site is an online platform that enables you to call for work assignments or tasks as an service seeker or submit interest on these work assignments as a freelancer listed at the price indicated by the service seeker. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on an indicated payment gateway as made available to you by an independent service provider. Accordingly, the contract of services on the Site shall be a strictly bipartite contract between you and the service seeker/freelancer on our Site. While the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.

D. CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

E. LICENSE TO ACCESS THE SITE

We require that by accessing the Site, you confirm that you can form legally binding contracts under the laws of Nepal and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described in this User Agreement, for services as listed to be provided on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as an service seeker, you represent that you have the authority to bind that entity to this User Agreement and that you and the service seeker will comply with all applicable laws. No person or service seeker may register as a member of the Site more than once. Any breach of these Terms and Conditions in this User Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this Site is solely for informational purposes. Service representations including price, features, add-ons and any other details as expressed on this Site are the responsibility of the service seekers displaying them and are not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions.

We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of other parties; or any use of data mining, robots, or similar data gathering and extraction tools.This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.

You agree and undertake not to perform restricted activities listed within this section including:

Undertaking these activities will result in immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action including.

F. YOUR CONDUCT

You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for:

G. YOUR SUBMISSION

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than you or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

H. CLAIMS AGAINST OBJECTIONABLE CONTENT

We list thousands of opportunities offered by numerous service seekers on the Site and host multiple comments on listings; it is not possible for us to be aware of the contents of each opportunity listed, or each comment or review that is displayed. Accordingly, we operate on a “claim, review and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Nepal or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“objectionable content”), please notify us immediately by following by writing to us on [[email protected]]. We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time.

Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection, amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.

I. CLAIMS AGAINST INFRINGING CONTENT

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at [[email protected]] and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. Also, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.

J. TRADEMARKS AND COPYRIGHTS

Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to confuse customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, videos, music, sounds, and their selections and arrangements, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under prevailing Nepalese copyright laws at the time and applicable international conventions. All rights are reserved.

K. DISCLAIMER

You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of service seeker/freelancer nor any breach of conditions, representations or warranties by the service seeker/freelancer of the services and hereby expressly disclaim all and any responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between the freelancers and the service seeker of the services except as provided in our Dispute Resolution Policy.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the tasks listed or displayed or transacted or the content (including services or pricing information and/or specifications) on the Site. While we have taken precautions to avoid inaccuracies in content, this Site, all content, information (including the price of tasks), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the post or interest of any tasks on the Site. At no time shall any right, title or interest in the services through or displayed on the Site vest with us nor shall Talent Connects have any obligations or liabilities in respect of any transactions on the Site.

We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our Site which includes but is not limited to payment providers, installment offerings, warranty services amongst others.

L. INDEMNITY

You shall indemnify and hold harmless Talent Connects as owned by [Mr. Diwash Thapa], its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Talent Connects as owned by [Mr. Diwash Thapa] and /or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the service seekers, freelancers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

M. THIRD PARTY BUSINESSES

Parties other than Talent Connects and its affiliates may operate stores, provide services, or sell product lines on the Site. Also, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.

N. COMMUNICATING WITH US

When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an expression of interest on the site. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

O. LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

P. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Q. EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

R. WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

S. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

T. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Kathmandu.

U. CONTACT US

You may contact us here [[email protected]].

3. CONDITIONS OF SERVICES (BETWEEN SERVICE SEEKERS AND FREELANCERS)

Please read these conditions carefully before placing an expression of interest for any tasks with the Service Seekers (“We” or “Our” or “Us”, wherever applicable) on the Site. These conditions signify your agreement to be bound by these conditions.

A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE

This section deals with conditions relating to the sale of products or services on the Site.

B. THE CONTRACT

Your Expression of Interest (EOI) is a legal offer to the service seeker to carry out the task or service displayed on our Site. When an expression of interest to carry out a task is placed, any confirmations or status updates received before the dispatch of your EOI serves purely to validate the EOI details provided and in no way implies the confirmation of the EOI itself. The acceptance of the EOI is considered confirmed when the task is accepted or assigned to the freelancer by the service seeker. We commit to making every reasonable effort to ensure that the indicative timeline is met. All commercial/contractual terms are offered by and agreed to between the freelancers and the service seekers alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to tasks and services and after completion of services related to tasks and services. Talent Connects does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the freelancer and the service seekers. The service seeker retains the right to cancel any task at its sole discretion before completion. We will ensure that there is a timely intimation to you of such cancellation via an email or SMS. Any payments that were to be made in case of such cancellation(s), shall be refunded to the freelancer within the time frames stipulated here [www.talentconnects.com.np] .

The service seeker or the Site may cancel an EOI wherein the quantities exceed the typical individual capacity. This applies both to the number of EOIs put forward by an individual freelancer where the individual EOIs comprise a quantity that exceeds the typical individual capacity. What comprises a typical individual's capacity limit shall be based on various factors and at the sole discretion of the service seeker or ours and may vary from individual to individual.

The freelancer may cancel an EOI at no cost any time before the task is assigned to them.

C. PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in Nepalese Rupees and are inclusive of VAT (if applicable) and are listed on the Site by the service seeker that as per the requirements of the task or service. Tasks on the site will always reflect the most recent price displayed on the task's detail page.

We do not offer price matching for any tasks posted by any service seeker on our Site or other websites.

We are determined to provide the most accurate pricing information on the Site to the freelancers; however, errors may still occur, such as cases when the price of a task is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any EOIs. In the event that a task is mispriced, we may, at our discretion, either contact you for instructions or cancel your EOI and notify the freelancers of such cancellation. We shall have the right to refuse or cancel any such EOIs whether or not the EOI has been accepted and the prepayment processed.

We list availability information for tasks listed on the Site, including on each task information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. As we process the EOIs, the freelancers will be informed by e-mail or SMS if any tasks the EOIs are put out for turn out to be unavailable.

Please note that there are cases when an EOI cannot be processed for various reasons. The Site reserves the right to refuse or cancel any EOI for any reason at any given time. The freelancers may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the EOI.

In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of the service seeker's payment details before providing the service seeker with the service and to verify the personal information the service seekers share with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the task within a reasonable timeline. We reserve the right to proceed to direct cancellation of a task for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.

D. TAXES

The service seeker shall be responsible for payment of all fees/costs/charges/tax withholdings associated with the completion of tasks from the Site and the service seekers agree to bear any and all applicable taxes as per prevailing law.

E. COMMUNICATING WITH US

When you visit the Site or send e-mails to us, you are communicating with us electronically. You may be required to provide a valid phone number. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

F. LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

G. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the website unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

H. EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

H. EVENTS BEYOND OUR CONTROL

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

J. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Kathmandu.

M. REPRESENTATIONS AND WARRANTIES

We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse any tasks or services on the Site. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

We are not responsible for any non-performance or breach of any contract entered into between the service seekers and the freelancers. We cannot and do not guarantee any actions of the service seekers or those of the freelancers relating to the transactions using the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site.