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DISCLAIMER
Terms of Use
Welcome to www.sitanepal.com.
The terms and conditions of your use of this Site
are described below. These terms and conditions
may be updated or changed without any notice to
you. The website, www.sitanepal.com is developed,
owned and operated by SITA Nepal Limited. With
its office at
LAL DURBAR MARG,
P.B.2656, Kathmandu, Nepal.
The use and viewing
of this site and the content is governed by the
Terms of Use. When you use this site you acknowledge
that you have read the Terms of Use and that you
agree to be bound by same, which may be modified
from time to time.
DESCRIPTION
OF SERVICE
www.sitanepal.com
currently provides its users with access to a
wide variety of information like itineraries,
packages, tour & travel products, material,
maps, graphics, images, names, addresses, particulars,
links etc. provided or available on any of the
pages are given in good faith and may contain
inaccuracies or typographical errors, which is
regretted. In no event will sitanepal.com be liable
for any direct, indirect, punitive, incidental,
special, consequential damage or any damages whatsoever
anyway connected with the use or performance of
its website. www.sitanepal.com (the "Service").
REGISTRATION
In order to participate
in the certain Services provided by us, it may
be necessary to register. In all instances when
you register for Service on our Site, you will:
(1) provide current, complete, and accurate information
about yourself as prompted to do so by the registration
form; and (2) maintain and update such registration
information as required to keep such information
current, complete and accurate.
INTELLECTUAL
PROPERTY RIGHTS
• Our Site
and all intellectual property rights included
in or related to our Site(s) (including but not
limited to copyrights, trademarks and service
marks, as well as text, graphics, software and
all codes and scripts in any format used to implement
our Site) are owned or licensed by us, and all
right, title and interest in our Site and such
intellectual property rights remain our exclusive
property. You may not, and this Agreement does
not give you permission to, reproduce, reverse
engineer, de-compile, disassemble, modify or create
derivative works with respect to our Site. Certain
content is licensed from third parties and all
such third party content and all intellectual
property rights related to such content belong
to the respective third parties. You may not remove
any copyright, trademark or other intellectual
property or proprietary notice or legend contained
on our Site or its content. If you download material
displayed, you must retain all copyright and other
proprietary notices displayed on the materials.
• We shall own and retain all right, title
and interest in and to any intellectual property
rights related to the manufacture or configuration
of the products developed with and/ or sold to
you to you unless we agree otherwise in writing.
Nothing in this Agreement shall be construed or
interpreted to entitle you to claim any rights
or to convey to you any implied license in respect
of any custom items design for you, or any of
our specifications, designs or other intellectual
property rights in the items not expressly provided
for in this Agreement.
INFORMATION
POSTED ON OUR WEB SITE
Although we have
taken all precautions and care to provide accurate
data and information on the site, SITA Nepal and
its representatives, employees, management, affiliates,
partners, offices, branches however do not take
any responsibility for the correctness or accuracy
of the content. The information, products, material,
maps, graphics, images, names, addresses, particulars,
links etc. provided or available on any of the
pages are given in good faith and may contain
inaccuracies or typographical errors, which is
regretted. In no event will SITA Nepal be liable
for any direct, indirect, punitive, incidental,
special, consequential damage or any damages whatsoever
anyway connected with the use or performance of
its website. www.sitanepal.com. SITA Nepal therefore
disclaims all related warranties and conditions.
Maps related to
various tours & itineraries are only in a
sketch form and not to be measured. In no event
will SITA Nepal be liable to the user/ viewer
for any damages or losses, including without Limitation,
Indirect, Consequential, Special, Incidental or
Punitive damage resulting from or cause by www.sitanepal.com,
or it's public posting, Bulletin boards, its content
or any errors or omissions in the content, even
if advised of the possibility of such damages.
SITA Nepal hereby expressly disclaims any implied
warranties imputed by the laws of any jurisdiction.
SITA Nepal considers itself and intends to be
subject to the jurisdiction only of the courts
of New Delhi, India.
LINKS
Our Site may contain
links to third party web sites not under our control
or operation. When we provide links, we do so
only as a convenience and do not endorse and are
not responsible for the content, availability,
advertising, products, goods, information, services,
materials or any aspect of any linked site or
any link contained in a linked site. You further
acknowledge and agree that www.sitanepal.com and
its subsidiaries and affiliates shall not be,
directly or indirectly, responsible or liable
in any way for any damage or loss caused or alleged
to be caused by or in connection with your use
of or reliance on any linked site(s) or any goods,
products, services, information, materials available
through such sites.
MODIFICATION
Without limiting
other remedies, we may immediately, without notice,
temporarily suspend, indefinitely suspend, or
terminate any or all of your rights of use if
you breach any term or condition of this Agreement
(or the documents it incorporates by reference),
or if we are unable to verify or authenticate
any information you provide to us or if we believe
that your actions may cause liability for you,
our users or us. www.sitanepal.com may also in
its sole discretion discontinue providing its
Service, or any part thereof, with or without
notice. You agree that any termination of your
access to the Service under these Terms of Use
may be effected without notice of any kind and
that www.sitanepal.com. may delete or deactivate
any account that you may have and all related
files in that account and/or bar any further access
to such files or Service. You agree that www.sitanepal.com
shall not be liable or responsible to you or any
third party for any termination of your access
to the Service or account termination.
www.sitanepal.com.
reserves the right at any time and from time to
time to modify or discontinue, temporarily or
permanently, the Service or any part thereof without
notice of any kind. You agree that www.sitanepal.com.
shall not be liable to you or to any third party
for any modification, suspension or discontinuance
of the Service.
USER NAMES,
PASSWORDS AND SECURITY
For some features
of www.sitanepal.com you will be asked to create
a username (your E-mail ID) and password. You
are responsible for maintaining the confidentiality
of the password and account and you are requested
not to share it with any one else. You agree to
(a) immediately notify www.sitanepal.com of any
unauthorized use of your password or account,
and (b) ensure that you exit from your account
at the end of each session by logging out. We
will ensure full confidentiality of your registration
details and guarantee you that these will not
be misused or outsourced under any circumstances.
DISCLAIMER
OF WARRANTIES
YOU ESPRESSLY
AGREE AND UNDERSTAND THAT: YOU USE THIS SITE AT
YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE BASIS." ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
YOUR USE OF OUR SITE IS DONE AT YOUR OWN RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OS SUCH MATERIAL. www.sitanepal.com.
DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS
OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. www.sitanepal.com.
ITS PARENT, SUBSIDIARIES, PRINICIPLES AND AFFILIATES
HAVE NOT MADE AND SPECIFICALLY DISCLAIM, AND YOU
HAVE NOT RECEIVED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU.
WE DO NOT WARRANT
OR REPRESENT THAT THE CONTENT ON OUR SITE OR THE
MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE
BY THE SOFTWARE USED OR ACCESSED THROUGH OUR SITE
WILL BE ACCESSIBLE OR USABLE AT ANY PARTICULAR
TIME OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH OUR SITE OR ANY LINKED SITE. WE ALSO DO
NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE
ACCESS TO OUR SERVICES, AND OPERATION OF OUR SITE
MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE
OF OUR CONTROL.
LIMITATION
OF LIABILITY
Our contracts
with certain of our suppliers provide for scheduled
maintenance and preventative, required and emergency
maintenance work. We will have no liability, whatsoever,
for the unavailability of our Site caused by our
supplier's performance or lack of performance
of the maintenance work to keep our Site operable.
We will also not have any liability for any loss
of data or transactions resulting from delays,
non-deliveries or service interruptions caused
by us, any third party acts or any other web host
provider or the Internet infrastructure and network
external to our Site. IN NO EVENT SHALL WE OR
OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
OF ANY KIND OR NATURE WHATSOEVER, OR FOR ANY LOSS
OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES ARISING OUT OF OUR SITE, OUR SERVICES
OR THIS AGREEMENT HOWEVER ARISING, INCLUDING CONTRACT
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. The
limitations of liability provided in this Agreement
inure to the benefit of www.sitanepal.com. its
subsidiaries, affiliates and to their respective
officers, directors, shareholders, members, employees
and agents.
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