Last Updated: [July 6th, 2023]
Welcome to onlineworknepal.com! These Terms of Use (“Terms”) govern your use of our website and services provided by CYbuy Private Limited (“Company”), located at Godawari 11, Bagmati, Nepal. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website.
Acceptance of Terms
1.1. By using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, policies, or future modifications that may be provided by the Company.
1.2. If you are using our website on behalf of an organization or entity, you represent and warrant that you have the necessary authority to bind that organization or entity to these Terms.
Description of Services
2.1. Our website, onlineworknepal.com, provides a freelance platform where buyers and freelancers can connect, communicate, create orders, and engage in transactions.
2.2. The Company acts as an intermediary, facilitating communication and transactions between buyers and freelancers. We do not directly provide the services offered by freelancers on our platform, nor do we control the quality, accuracy, or legality of the services provided.
User Responsibilities
3.1. You agree to use our website in compliance with all applicable laws and regulations, as well as these Terms.
3.2. You are solely responsible for your interactions and transactions with other users on the platform. The Company is not responsible for any disputes, damages, or losses arising from these interactions.
3.3. You agree not to engage in any activities that may harm, interfere with, or disrupt the proper functioning of our website or the experience of other users.
Account Registration
4.1. To access certain features of our website, you may be required to create an account. You must provide accurate and up-to-date information during the registration process.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
Payments and Transactions
5.1. Payments for services on our platform are processed through the Esewa payment gateway. By using our services, you agree to be bound by the Esewa terms and conditions, available at [https://blog.esewa.com.np/terms-and-conditions/].
5.2. The Company is not responsible for any issues, disputes, or losses related to the payment process. Any concerns or disputes regarding payments should be directed to Esewa.
Intellectual Property
6.1. All content and materials on our website, including but not limited to text, graphics, logos, and images, are the property of the Company or its licensors and are protected by intellectual property laws. You may not use, copy, reproduce, modify, or distribute any of the content without prior written consent from the Company.
Privacy and Data Protection
7.1. The Company respects your privacy and is committed to protecting your personal information. Please refer to our Privacy Policy, available at [https://onlineworknepal.com/privacy-policy/], for details on how we collect, use, and disclose your information.
Limitation of Liability
8.1. To the extent permitted by law, the Company, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or services.
Governing Law and Jurisdiction
9.1. These Terms shall be governed by and construed in accordance with the laws of Nepal. For international users, please note that the use of our website and services may be subject to additional laws, regulations, and requirements in your jurisdiction. It is your responsibility to comply with these laws and regulations when using our platform.
9.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Nepal or, if applicable, the international court with competent jurisdiction.
Disputes, Refunds, and Unsatisfactory Work
10.1. Disputes
Disputes should be reported within a specified timeframe, such as within 7 days of job completion. Both the buyer and freelancer should provide clear documentation and evidence to support their claims during the dispute resolution process. The platform will act as a mediator to facilitate communication and help reach a fair resolution. All parties involved must engage in good faith efforts to resolve the dispute amicably.
10.2. Refunds
Refund requests should be evaluated on a case-by-case basis. Refunds may be considered if the completed work significantly deviates from the agreed-upon requirements or if there is a clear failure to deliver the promised services. The platform may require the buyer to provide specific evidence to support their refund request, such as detailed explanations or examples of unsatisfactory work. Refunds will be processed within a reasonable timeframe after the decision is made, typically within 5 business days.
Please note that refunds based on a change of mind or personal preference are not applicable. We encourage buyers to carefully review the project details and requirements and engage in thorough communication with freelancers before making a commitment.
10.3. Unsatisfactory Work
The platform will objectively evaluate completed work based on the agreed-upon requirements. If the work does not meet the agreed-upon standards, the buyer has the right to request revisions or a refund. The buyer must clearly communicate their concerns and provide specific examples of unsatisfactory aspects of the work. The freelancer will have an opportunity to address the buyer’s concerns and make necessary revisions to meet the agreed-upon requirements. If the freelancer fails to address the buyer’s concerns satisfactorily, a refund or alternative resolution may be considered.
10.4. Mediation and Escalation
If the buyer and freelancer cannot reach a resolution on their own, the platform will act as a mediator to facilitate communication and help find a mutually agreeable solution. If mediation is unsuccessful, the platform may offer an escalation process, which could involve involving a neutral third party or an arbitration service to provide an unbiased assessment and facilitate a resolution. The decision made through the escalation process will be considered final and binding for both parties.
Additional Charges and Fees
11.1. In addition to the agreed-upon prices for services, there may be additional charges, fees, commissions, taxes, or transaction charges associated with using our platform. These charges may vary depending on the nature of the transaction and the applicable laws and regulations.
11.2. Commission: The Company is allowed to charge a commission fee from both buyers and freelancers. The commission fee will be deducted from the total payment made by the buyer to the freelancer. The commission rate for each transaction will be 5% or as determined by the Company. This commission fee covers the costs of operating and maintaining the platform.
11.3. Taxes: Depending on the jurisdiction and applicable tax laws, additional taxes may be levied on the transactions conducted through our platform. The responsibility for determining, collecting, and remitting these taxes may vary and is subject to the applicable laws and regulations.
11.4. Transaction Charges: Any transaction charges imposed by payment gateways, financial institutions, or third-party processors are the responsibility of the buyer or freelancer, as applicable. These charges may vary depending on the payment method used and the terms and conditions of the respective service providers.
11.5. All additional charges, fees, commissions, taxes, and transaction charges will be clearly communicated to the users during the transaction process. By using our platform and engaging in transactions, you acknowledge and agree to the deduction of these charges as applicable.
Company’s Liability for Unauthorized Use of Service/Product Delivery
12.1. The company shall not be held liable for any unauthorized use, distribution, or reproduction of the service or product delivery offered by the freelancers on the platform without their explicit consent.
12.2. It is the responsibility of the freelancers to take necessary measures to protect their intellectual property rights and prevent unauthorized use or misuse of their services or product deliveries.
12.3. The company shall not be responsible for any damages, losses, or liabilities arising from the unauthorized use of the service or product delivery by third parties, including but not limited to clients, customers, or other users of the platform.
12.4. Freelancers are encouraged to implement appropriate safeguards, such as watermarking, encryption, or usage restrictions, to protect their services or product deliveries from unauthorized use.
Prohibition Against Hacking or Harmful Activities
13.1. You acknowledge and agree that any attempt to hack, disrupt, damage, or interfere with the company’s website, servers, or systems is strictly prohibited.
13.2. Engaging in any activities that may compromise the security, integrity, or availability of the website or its associated services, including but not limited to hacking, introducing viruses or malware, or attempting unauthorized access, is a violation of these Terms and may also be subject to criminal and civil penalties under applicable laws.
13.3. The Company reserves the right to investigate and take legal action, including seeking damages, against any individual or entity found engaging in such activities.
13.4. By using our website, you agree not to engage in any hacking or harmful activities that could compromise the security or functioning of the website, its servers, or the data of other users.
13.5. The Company shall cooperate with law enforcement authorities and provide any necessary information or assistance to investigate and prosecute individuals or entities involved in hacking or harmful activities.
Changes to the Terms
14.1. The Company reserves the right to modify or update these Terms at any time, without prior notice. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of our website after the changes constitutes your acceptance of the revised Terms.
Contact Us
If you have any questions or concerns regarding these Terms or our website, please contact us at:
Company Name: CYbuy Private Limited
Address: Godawari 11, Bagmati, Nepal, Godawari MPC, Bagmati 44710, Nepal
Phone: +977 9840 279440
Email: support@onlineworknepal.com