Terms and Conditions
sheroshayeri websites (“Websites”) (“Apps”) and related services (together with the Websites, the “Service”) are operated by web2byte.
Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
In these Terms and Conditions:
- “User Content” means any user-generated or supplied content submitted to us, such as comments, feedback, discussion, text, data, files, images, photographs and audiovisual material in any format; and
2. “You” and “your” are references to you as a user of the Service (whether or not you make a purchase).
Copyright and all other intellectual property rights in this Service (including its text, graphics, animations, audio-visual materials, user interfaces, photographs, music and artwork, but not including code – see below) is owned by us. Copyright in Materials is in most cases owned by us and in all other cases licensed (whether explicitly or implicitly) to us.
Other than for the purposes of, and subject to legislation throughout the world, and except as expressly authorized under such legislation, by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the Service, any Materials or any substantial part of either. The Service and Materials may not be distributed or mirrored to any other devices, server, website or other medium for publication or distribution. Materials are licensed for your own personal, non-commercial use only.
If as a user you provide us with any User Content for inclusion on the Service or inclusion in or reproduction on any Materials, you grant us a royalty-free perpetual license to use and reproduce that content on the Service or Materials as the case may be. However, we shall not be obliged to use, display, retain or keep using, displaying or retaining any User Content so supplied. You warrant that User Content that you provide will not infringe any third party’s intellectual property or other rights.
The brand “sheroshayeri”, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
The code examples provided by the Service are licensed under the MIT license:
Copyright © 2021 sheroshayeri Pvt. Ltd.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Your use of the Service and general obligations
You are provided with access to and depending on your access levels, may be authorized to download material contained on this Service only for your personal use and subject to the payment of corresponding charges. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Service, use any data mining robots or other extraction tools or metatag or mirror the Service without our prior written permission.
You must not do anything that would impose or may impose an unreasonable or disproportionately large load on the Service, nor do anything to circumvent or by pass any measures we may use to prevent or restrict access to the Service.
You must take your own precautions to ensure that the process which you employ for accessing this Service and any Materials do not expose your computer or other devices to the risk of viruses, malicious computer code or other forms of interference which may cause damage. We do not accept responsibility for any interference or damage to your own computer system or device which arises in connection with your use of this Service or any linked website.
You agree that you will comply with all laws, including export and import restrictions and regulations that may apply to the use of this Service and the purchase and sale of Materials (to the extent applicable).
You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions.
The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store.
You acknowledge and agree that these Terms and Conditions are solely between you and sheroshayeri, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service.
You and sheroshayeri acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and sheroshayeri acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, sheroshayeri, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App.
You and sheroshayeri acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Service. If you avail yourself of these facilities, you must not:
upload, post, transmit or otherwise make available any content that:
1. is defamatory;
2. promotes, encourages or provides information about unlawful conduct or activities;
3. infringes any third party’s intellectual property rights or breaches confidentiality;
4. includes a photograph or other likeness, or personal information of another person without their consent;
5. contains pornography, nudity, sexual acts or references;
6. incites hatred or discrimination against any person or group of persons;
7. contains or is used to disseminate any unsolicited or unauthorized advertising or promotional material;
8. misrepresents your relationship with any person;
9. is misleading, false or deceptive (whether by representations or omissions);
contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Service or Materials.
We reserve the right to remove any User Content that you may post at any time without notice to you.
Descriptions and contents of Materials
In providing information relating to Materials, we attempt to be as accurate as possible however to the extent permitted at law we do not warrant that descriptions of Materials will be accurate, complete, reliable, current, or error-free. Further sheroshayeri does not always exercise any editorial control over the content of Materials. Opinions, advice, representations and other information or content expressed or made available by third parties, including providers of content for Materials and other users, are those of their respective authors and not of sheroshayeri.
To the extent permissible at law this Service and all materials are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Nepal Consumer Protection Act or other applicable law. Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation (including the Nepal Consumer Protection Act) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
We do not make any representations or warranties that your access to the Service and materials will be uninterrupted, timely, secure or error free.
You accept that information on this Service (including materials) is provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free.
To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service, any other linked website or materials nor do we accept responsibility for any such loss arising out of your use of or reliance thereon. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of:
Mistakes or inaccuracies on the Service or in Materials;
Any unauthorized access to or use of secure servers and/or personal information and/or financial information stored on those servers;
Bugs, viruses, trojan horses or other harmful code which may be transmitted to or through our Service by a third party; or
Any interruption or cessation of transmission from our Service.
Links and advertisements
The Service may contain links to other websites, including but not limited to those of third party supplier and providers (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated or implied to the contrary.
Responsibility for the content of any advertisements appearing on the Service rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.
You agree to fully indemnify and hold us (and our directors and officers) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Service and any breach of these Terms and Conditions.
Breach of Terms and Conditions / Termination / Suspension of Access
These Terms and Conditions (and hence your User Account) may be terminated immediately by us on written notice to you if you are in breach of this Terms and Conditions, we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach or the breach is incapable of remedy.
Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Service and/or Materials, preventing computers using your IP Address from accessing the Service and/or Materials, and contacting your internet service provider to request that your access to the Service be blocked.
Without limiting the foregoing, you acknowledge that we may terminate the operation (generally) of, and hence your access to, the Service (whether temporarily or permanently) at any time by us without notice. Except as required by law, we will not be liable to you for doing so.
Following termination or if your User Account is suspended any Materials that remain in your User Account but have not been downloaded prior such termination or suspension will no longer be available.
Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
Waiver, Severance and Assignment
Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
In the event that we merge, sell or otherwise change control of our business or company or the Service, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms and Conditions.
Any notice given under these Terms and Conditions must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
(a) in the case of a notice delivered by hand, when so delivered;
(b) in the case of a notice sent by pre paid post, on the third day after the date of posting;
(c) in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the dispatching facsimile machine which confirms that the facsimile has been successfully sent;
(d) in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.
These Terms and Conditions supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these Terms and Conditions and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of these Terms and Conditions.
The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions or part of them.
We allow third-party companies to collect certain information when you visit our web site. These companies may utilize cookies, pixels or other technologies to collect and use de-identified information (e.g., hashed email data, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you.
Amendments to Terms and Conditions
No terms and conditions sought to be imposed by you shall bind us unless we agree to same in writing.
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon publication on this Service and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Service following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.
Last update: 06 April 2021