GENERAL TERMS OF USE
Please read these Terms and Conditions of Use carefully before using this Website. If you do not agree to all of these Terms and Conditions of Use, do not use this Website. Golyan Group (hereafter “the Group”) may revise and update these Terms and Conditions from time to time. Your continued usage of the Website is considered as an implied acceptance of the changes and that you agree to abide by these terms for usage of this Website.
WEBSITE USER RESTRICTIONS
All information and materials on this Website, including but not limited to, text, trademarks, logos, graphics, and images (the “Materials”), are the copyrighted works and other forms of intellectual property of the Group or third parties who have authorized use of the Materials on this Website. Unless otherwise provided in respect to specific areas or Materials on the Website, the Group grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy, or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of the Terms. Upon termination of this limited right of display, user agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
THIRD PARTY CONTENT
The Group has no specific prior review process or editorial control over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Website, are those of the respective parties and not necessarily those of the Group. Neither the Group nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
LINKS TO AND FROM THIRD PARTY SITES
There may be links established between this Website and other websites on the World Wide Web or Internet which are not under the control of, or maintained by, the Group. Such links do not necessarily constitute an endorsement by the Group of those websites. The Group undertakes no obligation to monitor such websites, and user agrees that the Group is not responsible for the content of such websites or any technical or other problems associated with any such third-party website, links, or usage. You further agree that in the event that you establish a link from any other website to the Website, you will immediately discontinue such link upon receiving written notice from the Group of its objection to any such link.
FEEDBACK
The user feedback and data submitted is protected by privacy laws as per requirement.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE WEBSITE
The Group may, in its sole discretion and at intervals of its sole choosing, modify this Website and/or the Website use agreements/policies connected with them at any time and without prior notice. It is the responsibility of each user to monitor such changes, and to determine whether or not to continue to access and use the Website based upon any such changes.
TERMINATION
User’s access to Website will be subject to the Group’s authorization to access the Website. The Group reserves the right to terminate user’s access to the Website at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While the Group’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, the Group does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. The Group’s right to terminate user’s access is in addition to all other legal or equitable remedies available to the Group hereunder, which rights are fully and expressly reserved by the Group . Upon termination of this Agreement for any reason, user shall cease to use or further access any Website’s content or services and be liable for any unauthorized attempts to do so via any means.
PROPRIETARY MATERIALS AGREEMENT
You understand that all the Materials provided on this Website are the proprietary property of the Group or Companies within the Group and are protected by copyright, trade secret, and other applicable laws in the respective jurisdiction.
You have the limited right to display the Materials only on your personal computer, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use of the Website terminates automatically, without notice to you, if you breach any of these Terms.
You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, for any commercial purpose unless expressly authorized to do so by the Group, in advance, and in writing.
You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of the Group.
Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials. Upon termination of this limited license or usage, you agree to immediately destroy any downloaded and/or printed Materials that you may have in your possession or control.
NO AGENCY OR PARTNERSHIP
The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.
NOTICES
The Group may provide notice to user via email provided on the user’s registration form or such other address provided by user to the Group.
ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER
This Agreement, including the Website’s Privacy Policy and Disclaimer, constitutes the entire user agreement between user and the Group, and supersedes any prior agreements or understandings between user and the Group. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties.
NO THIRD PARTY BENEFICIARIES
User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
ASSIGNMENT
The Group may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to user.
GOVERNING LAW
The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be governed by and interpreted in accordance with laws of Nepal and the parties submit to the exclusive jurisdiction of the courts of Mumbai.
DISCLAIMER OF WARRANTIES
You as a user of the Website acknowledge and agree that the Group has no liability for any errors or omissions in the Website, including in the Materials, whether provided by the Group or third parties. You further acknowledge and agree that the Group makes no warranty or representation of any kind as to the availability of the Website or any portion thereof, that the Website or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that the Group shall have no liability for any unavailability of or inaccuracy in the Website or the Materials.
User will bear all risk associated with any content that user accesses.
DISCLAIMER NOTICE:
THIS WEBSITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLYAN GROUP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. GOLYAN GROUP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. GOLYAN GROUP SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL GOLYAN GROUP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND/OR RELIANCE ON THE WEBSITE, OR ITS ASSOCIATED PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF GOLYAN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
INDEMNITIES
By using this Website, user agrees to indemnify and defend the Group and its parents, subsidiaries, affiliates, directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from user’s misuse of this Website or Service.