The Terms & Condition for this NepXpress website, www.NepXpress.com (the “Website”) operated by NepExpress Pvt. Ltd (“NepXpress”) are applicable to all users (“you” and “your”) of the Website. By accessing the Website, you are deemed to agree to the following terms and conditions which is currently applicable or will be applicable to your use of the Website, without qualification.
If you do not agree to these Terms & Condition, then you must stop using or accessing the Website.
1. Intellectual Property Rights
All intellectual property rights in the contents of the Website are owned by NepXpress, its affiliates, or its licensors and is protected by copyright, trademark, and other applicable laws.
All content included on the Website, including without limitations text, graphics, logos, button icons, images, software, films, audio clips, downloads, interfaces, code, software, and the compilation of all content on the Website is the exclusive property of NepXpress or its licensors and is protected by international copyright, trademark, and other applicable laws.
All trademarks, logos, service marks and trade names displayed on this Website are the registered and/or unregistered trademarks of NepXpress or its affiliates, or third party trademark or trade name holders.
No part of the Website may be copied, reproduced, modified, transmitted, stored or exploited for commercial gain, as part of any other website or in any other form, whether electronic or otherwise, without the prior written consent of NepXpress, except that you may print or download to your hard drive or other storage device extracts from the Website for your own personal or internal business use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content of the Website is strictly prohibited and constitutes breach of these Terms & Condition. Your use of the Website does not entitle you to any intellectual property rights in the contents of the Website other than limited right of use granted to you under these Terms & Condition. Any unauthorized use of the Website may result in a violation of intellectual property laws, the laws of privacy and publicity, and communication regulations and statutes.
2. Use of Website
You may not use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to interrupt or attempt to interrupt the operation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
We reserve the right, at any time, to restrict or terminate your access to, or use of the Website if you breach these Terms & Condition or for any other reason whatsoever without notice. Termination or restricting your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.
The contents of the Website may include links to third party websites (“Linked Sites”). These links are provided to you only as a convenience, and are beyond the control of NepXpress.
NepXpress may prohibit links to the Website and you must remove or cease any link at NepXpress’ s request. You will not frame any part of the Website content by including advertising or other revenue generating material, without the prior written consent of NepXpress.
There are two kinds of users of the Website, “NepXpress Corporate Customers” and “NepXpress Individual Customers”. While there is no requirement to register and create an NepXpress Account, such registration will provide you access to extra functionality available in the Website.
In order to become a registered NepXpress Corporate Customer, which, you (or your company, if you are registering with the Website on behalf of the company you work for (“Company”)) must complete the NepXpress registration process. If you are registering with the Website on behalf of the company you work for (“Company”), the Company must have an existing account with NepXpress (such as a business account for warehousing or commercial Courier Service and you may be required to confirm your Company’s Details). Once NepXpress has received your application for registration, you will receive an email confirming that your Account has been Accepted & Activated. NepXpress reserves the right to reject any application for Corporate registration at its sole discretion.
By completing the registration process on behalf of your Company, you warrant that you have the authority to bind your Company, and that you will ensure that any other employees of the Company who use the Website comply with these Terms and Conditions. These Terms and Conditions will be in addition to the terms of any contract you have entered into with NepXpress in relation to your account.
You must log in using your username(email) and password. You must ensure that your password is kept secure and confidential and not revealed to any other person. You acknowledge that you are entirely responsible for your password and you must notify NepXpress immediately of any unauthorized use of your password or any other breach of security relating to your account. You acknowledge and agree that NepXpress accepts no responsibility for any loss or damage occurring as a result of the fraudulent use of your password, and you release NepXpress from all claims arising from the unauthorized use of your password.
You acknowledge that NepXpress assumes no responsibility whatsoever for ensuring that any information concerning you or your Company is current, complete or accurate and you agree to maintain and update any such information.
You or NepXpress may terminate your registration at any time and for any reason without written notice. Once your registration is terminated by NepXpress, you will not be able to access any part of then Website intended for registered users without NepXpress’ s prior consent.
Where you use the Website to request that NepXpress carries out a task on your behalf, we will send an email to the address you submit during the registration process to confirm that we have received your request. Although NepXpress makes every effort to ensure the services offered on the Website are as reliable as possible, the nature of the Internet means that we cannot be held liable for any requests in respect of which we do not confirm to you that we have received.
All prices listed on the Website are, to the best of NepXpress’ s knowledge, accurate at the time of publishing. However, the Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at NepXpress’ s discretion, as they are found.
In addition, all prices listed are subject to change at any time without notice. The information on the Website may be updated regularly so inaccuracies may occur during the process.
NepXpress reserves the right at any time to charge a fee for access to certain parts of the Website. However, in no event will you be charged for such access unless we obtain your prior agreement to pay.
You acknowledge and agree that any rate or time estimate shown by the Rate Calculator or the Transit Time Estimator or other such tool on the Website for estimating a rate or time is an estimate only and may be different from the actual rates or times for domestic or international carriage of any shipments tendered to NepXpress. This may be due to a number of causes including, without limitation, actual dimensions of your shipments, local charges and any unanticipated delays in shipping.
6. Submitted Materials
You may submit material through the Website provided that:
a) you warrant that you own or control all rights (including all intellectual property rights) to any submitted material, and that the submitted material complies with these Terms & Condition;
b) you grant NepXpress a non-exclusive, royalty-free, perpetual, irrevocable and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your submitted material throughout the world in any media; and
c) you acknowledge there is no obligation of confidentiality in relation to the submitted material.
You may not upload, distribute or otherwise publish any content on this Website that:
a) infringes the rights of third parties, including without limitation intellectual property rights;
b) breaches any applicable local, national or international law or regulation or these Terms & Condition;
c) is fraudulent, or has any fraudulent purpose or effect;
d) is contrary to public policy and/or accepted moral standards, including but not limited to: obscene or offensive messages; pornographic or sexually explicit images; defamatory or libelous material; material harmful to minors; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material likely to harass, upset, or alarm a third party or cause a third party to harm themselves;
e) is inconsistent with reasonable use of the Website.
You agree to defend, indemnify and hold harmless NepXpress and its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims, losses, liabilities, expenses, damages and costs (including reasonable legal fees) arising or resulting directly or indirectly from or out of your breach of any of these Terms & Condition, or any activity you conduct in connection with the Website. NepXpress reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such instances, you agree to cooperate fully with NepXpress in the defense of such matter.
You assume all responsibility for compliance with all laws and regulations of any country from which you may access the Website regarding access, use, export, re-export and import of any content appearing on or available through the Website.
9. Data Entry
NepXpress may retain any data that you provide in the course of using the Website and will do so in accordance. You acknowledge that NepXpress may delete this data at any time. You acknowledge that you are solely responsible for maintaining a back-up copy of such data and that NepXpress will not be responsible for its loss or deletion.
10. Terms of Carriage
You acknowledge and agree that domestic and international carriage by NepXpress of any shipments tendered to NepXpress through the Website will be governed by the terms, conditions and limitations of liability set out in the applicable terms and conditions, which are incorporated into these Terms & Condition by reference.
11. Limitation of Liability
The Website makes certain information and material available to you as a service, either through NepXpress, its suppliers, or otherwise. The information and material provided on the Website is provided “as is”, has not been prepared by taking into account the particular objectives, situation or needs of any individual users/ company, and is without warranties of any kind either express or implied.
NepXpress does not warrant or make any representations regarding the use or the results of the use of the Website or in Linked Sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. NepXpress will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits). You release NepXpress from all claims arising from any statement or representation made on the Website. Your sole and exclusive remedy for any of the foregoing or any dispute with NepXpress, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Website.
To the fullest extent permissible pursuant to applicable law, NepXpress excludes all responsibility and liability in relation to the Website, and disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. NepXpress does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available, are free of viruses or other harmful components.
To the maximum extent permitted by law, NepXpress, you will indemnify NepXpress, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against NepXpress arising from a breach by you of any of the Terms & Condition. You acknowledge that the limitation/exclusion of liability of NepXpress, and your indemnity to NepXpress, will also apply to all affiliates of NepXpress, including any parent or subsidiary companies.
NepXpress’ s failure to enforce the strict performance of any provision of the Terms & Condition will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of the Terms & Condition.
NepXpress reserves the right to change the Terms & Condition at any time and without providing you with notice of such changes. You agree that your continued use of the Website constitutes your acceptance of the modified Terms & Condition, and you agree that all previous versions of the Terms & Condition are superseded by the modified version. You should check these Terms & Condition each time you access the Website to check for updates. These Terms & Condition were last updated on August 20, 2019.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.
Your use of the Website and these Terms & Condition are governed by and construed in accordance with the laws and regulations of the Government of Nepal.
If you have any questions, concerns or complaints in relation to the Website or the Terms & Condition please contact NepXpress by sending an email to info@NepXpress.com.