Muncha Money Transfer: Send Money to Nepal
 

Terms and Conditions

Please read the Terms and Conditions carefully. The access and use of the Website means that you agree to accept and abide by the Terms and Conditions. In case you do not agree to accept and abide by the Terms and Conditions, please do not access or use this Website or any pages thereof and please do not avail of any of the Facilities, products or services offered on or through the Website.
Please note that by clicking on "SUBMIT" it will be deemed that you have read and understood the Terms and Conditions and that you agree to accept and abide by the Terms and Conditions.
Times of Money Ltd., or TOML, in alliance with MUNCHA MONEY TRANSFER, may in its discretion alter, add to or delete the Terms and Conditions from time to time without any prior notice. It is your responsibility to ensure that periodically on every occasion that you access or use the Website or any Facility, product or service displayed or offered on the Website that you return to this page and review the Terms and Conditions for any alterations, additions or deletions. Unless otherwise specified by TOML all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the Site. By continuing to access or use the Website or any Facilities, products or services offered on the Website, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted Terms and Conditions. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the Website or availing of any Facilities, products or services on the Website (other than those which have already been availed of by you prior to such alterations, additions or deletions).
 
1. DEFINITIONS AND INTERPRETATIONS: .
 
1.1 In these Terms and Conditions (including the Introduction above), unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them hereunder -
"Alerts"
means notices relating to various matters issued or to be issued by TOML, in alliance with MUNCHA MONEY TRANSFER. "Alliance Partner" means Muncha Money Transfer, who displays content or offers any Facility on the Website. E.g.: Muncha Money Transfer is providing support for funds transfer in remittance facility.

"Customer"
means a Registered User who avails or seeks to avail of any Facility. "Customer ID"
means the user identification chosen by the Customer and registered by the Website which, along with the Customer Password, will enable the Customer to -
  1. avail of Facilities and enter into transactions in respect of the Facilities,
  2. do such other acts as the Website may permit.
"Customer Password"
means the password chosen by the Customer and registered by the Website which, along with the Customer ID, will enable the Customer to -
  1. avail of Facilities and enter into transactions in respect of the Facilities offered on the Website,
  2. do such other acts as the Website may permit.
"Facility"
means any present and future product, service or facility displayed or offered on or through the Website (whether by TOML or by any Alliance Partner) and includes remittance facilities.

"Person"
includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government.

"Registered User"
means any Visitor who has registered himself with the Website but who has not entered into any transactions in respect of the services and products offered on the Website. The term "Registered User" includes every Customer.

"Registered User ID"
means the user name that is chosen by the Registered User and registered by the Website for access to the Website.

"Registered User Password" means the password that is chosen by the Registered User and registered by the Website for access to the Website.
"Service Provider"

means a Person, not being an Alliance Partner, who provides a service to TOML in order to enable TOML to operate and/or maintain the Website, provide any feature on the Website or provide any Facility which is provided by TOML.

"the Terms and Conditions"
means the terms and conditions set out above and below and also all other terms and conditions contained elsewhere on the Website from time to time.

"TOML"
means Times Online Money Limited, a limited liability company incorporated in India under the Companies Act, 1956, and includes its successors and assigns.

"TOML's Affiliates"
means any other body corporate which controls, is controlled by, or is under common control with, TOML. In this definition "control" means the direct or indirect control of 10% or more of the ownership, voting rights or equity capital of the concerned entity.

"Visitor"
means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered User. The term "Visitor" includes every Registered User and Customer.

"the Website"
means the Website presently maintained by TOML, in alliance with MUNCHA MONEY TRANSFER, at https://www.money.muncha.com, and includes the pages of the Website and any applets, software and content contained in the Website.
1.2 Interpretation In the Terms and Conditions, unless repugnant to the context or meaning thereof, -
  1. reference to a particular gender shall be deemed to include a reference to the other genders
  2. the singular shall include the plural and vice versa; and
  3. the word "includes" should be construed as if the words "without limitation" appear thereafter.
 

2. WEBSITE: .

2.1 The Website primarily facilitates the display and offering of Facilities by the alliance partner and / or by TOML on a no-liability and no-obligation basis as regards TOML. Information and Facilities on the Website may be displayed and offered in a phased manner at the discretion of TOML. TOML or the Alliance Partner shall have the right to from time to time in its discretion, introduce new information and Facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice.
2.2 If any of the Terms and Conditions are not acceptable to you or you disagree with any material on the Website, your sole and exclusive remedy is to discontinue using the Website.
 

3. ELIGIBLE USERS:

3.1 In order to access and use the Website and avail of any Facility you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the Website and the Facilities. If you do not qualify, please do not access or use the Website or the Facility.
3.2 Citizens and residents of countries other than Nepal (collectively, "non-residents") shall access, use and avail of the Website and the Facilities only to the extent the domestic laws of Nepal and such countries permit them to access, use and avail of the Website and the Facilities. All non-residents understand that by accessing, using and availing of the Website and the Facilities, they may be violating the local laws in Nepal and/or such countries. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify TOML against any liability incurred by TOML in this regard.
 

4. REGISTRATION INFORMATION (IDS AND PASSWORDS) AND SECRECY:

4.1 Only limited access to the Website is available to non-registered Visitors. Non-registered Visitors may not be permitted to avail of the Facilities. In order to obtain increased access to the Website and in order to avail of the Facilities you are required to register on the Website as a Registered User.
4.2 You agree -
  1. to provide true, accurate, current and complete information about yourself as prompted by the registration form on the Website, and
  2. to from time to time maintain and update this information to keep it true, accurate, current and complete at all times.
You shall indemnify TOML, and its alliance partner, for any losses caused to TOML, or its alliance partner, due to any information provided by you to TOML, or its alliance partner, being untrue, inaccurate, not current or incomplete in any respect, and TOML, or its alliance partner, shall not be responsible for any losses sustained by you due to any information provided by you to TOML, or its alliance partner, being untrue, inaccurate, not current or incomplete in any respect. If any information provided by you is untrue, inaccurate, not current or incomplete, TOML, in alliance with the partner, has the right to terminate your registration and refuse you access to or use of the Website or any Facilities.
4.3 Subject to the other Terms and Conditions, upon registration as a Registered User the Website will register your Registered User ID and Registered User Password; and upon registration as a Customer the Website will register your Customer ID and Customer Password.
4.4 You will be solely and absolutely responsible for maintaining the secrecy and confidentiality of your IDs and passwords and you will be fully and absolutely responsible and liable for all transactions and activities that occur under your ID and password including any unauthorized use or misuse of your ID and/or password. You will be responsible and liable if any third party gains access to the Website or any Facility through the use of your ID or password, and you hereby agree to indemnify TOML, and its alliance partner, and hold TOML, and its alliance partner, harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, you agree to –
  1. immediately notify TOML/Muncha Money Transfer via e-mail or through the Call, of any suspected loss, theft, unauthorized usage of the ID or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund or securities transfer or other activity which you did not authorize; or any inaccurate information in your account balances, securities positions or transaction history and
  2. ensure that you logout from your account at the end of each session.
4.5 Any transaction or activity pursuant to use of your ID or Password shall be deemed to be your transaction or activity and TOML, and its alliance partner, shall have no obligation to verify the authenticity of any such transaction or activity. TOML, and its alliance partner, shall not be responsible for any mistake or error made by you in keying in the transaction or activity as to the nature of the transaction / activity, with respect to any facts or figures or otherwise.
4.6 If you forget your ID, you can send a written request to Muncha Money Transfer at the address provided on the Website giving your date of birth and transaction details satisfactory to TOML. On TOML being satisfied of your identity (which satisfaction shall be entirely at the discretion of TOML), TOML shall send the ID to your e-mail address registered with TOML. You shall be responsible for continuing to maintain this e-mail address. TOML, and its alliance partner, shall not be liable if it declines to furnish the ID by reason of it not being satisfied as to your identity.
4.7 If you forget your password, you can send an e-mail to Muncha Money Transfer at the address provided on the Website giving your ID and date of birth and such other information, if any, as TOML may require. On TOML being satisfied of your identity (which satisfaction shall be entirely at the discretion of TOML), TOML shall send the password to your e-mail address registered with TOML. You shall be responsible for continuing to maintain this e-mail address. TOML shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity. 4.8 If you forget your password, TOML (through Muncha Money Transfer ) may, subject to verification and satisfaction as stated above, instead of sending you your password, generate a new password for you which shall be communicated to you at the e-mail address provided by you. For your security reasons you must change this password as soon as it is received by you, and until then this password shall be deemed to be your password and you will be responsible and liable for all transactions pursuant thereto. Upon generation of the new password, TOML shall discontinue the use of the old password. However, you shall be responsible and liable for all transactions that are carried out by the use of the old Password, till the time of discontinuation of the old ID or password.
4.9 Notwithstanding anything stated elsewhere in the Terms and Conditions, and despite correct use of your ID and password, TOML shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as TOML may deem fit.
4.10 In the event that the certifying authorities and other infrastructure contemplated under the Information Technology Act, 2000 or any other law for the time being in force, for ensuring secure electronic records and secure digital signatures is notified by the concerned authorities and the infrastructure to enable the same is in place, TOML shall have the right to require you to communicate instructions and authorize and execute transactions and other activities by means of such secure electronic records and secure digital signatures in addition to, or in place of, the use of password(s).
 

5. CONDUCT OF VISTORS, REGISTERED USERS AND CUSTOMERS:

5.1 You shall not
  1. restrict or inhibit any other person from accessing, using and enjoying the Website or the Facilities;
  2. use the Website for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions;
  3. modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, Facilities, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof;
  4. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, without limitation, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
  5. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TOML) or engage in spamming or flooding;
  6. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
  7. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
  8. upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
  9. upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, except as permitted by TOML or the copyright owner or other right holder thereof, the Website being copyrighted under the relevant laws;
  10. attempt to decompile or reverse engineer any of the software available on the Website.
  11. You will not make any attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website and if you become aware of any shortcoming in the security on the Website you shall forthwith inform TOML of the same in writing.
5.2 If the Website contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.
5.3 You shall use any software provided on, by or through the Website only for the purposes for which it has been provided to you and for no other purpose.
 

6. OTHER TERMS:

6.1 TOML shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
6.2 TOML shall be entitled, in its sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
6.3 You cannot cancel any instructions once provided, save and except as specifically detailed on the Website. Additionally, when you place a request to cancel an instruction or a transaction that has been authorized by you, such cancellation is not guaranteed by TOML, or its alliance partner. Such instruction or transaction will only be cancelled if your request for cancellation is received and acted upon before the instruction or transaction has been executed.
6.4 TOML and the Alliance Partners shall have the right to, and you hereby authorize TOML and the Alliance Partners to, verify any information provided by you. As a standard KYC check we may be required to verify your identity details, which may leave a Times of Money footprint on your credit file.
 

7. DISCLAIMERS:

7.1 Access and use of the Website and the Facilities is entirely at your own risk. The Website, including any content or information on it, any related or linked site and all Facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided "as is," without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically, TOML disclaims any and all warranties including, but not limited to -
  1. any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, Facilities, products or services and
  2. any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
TOML, or its alliance partner, has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with TOML. TOML, or its alliance partner, does not, in any way, certify or warrant the performance, operation, content or availability of the Website or such other websites. Although TOML adopts security measures which it considers appropriate for the Website, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Website or any Customer Accounts. TOML, or its alliance partner, shall not be responsible or liable if any unauthorized person hacks into or gains access to the Website, any Facility or your accounts; and you shall be liable and responsible for the same.
7.2 This disclaimer of liability applies also to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
7.3 The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither timesofmoney.com and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service.
7.4 TOML, or any of its alliance partner, does not warrant or makes any representations regarding the use or the results of the use of any product, service and /or Facility in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Website, all site-related services and all Facilities, products and services mentioned or advertised on or accessed or availed on or through the Website.
7.5 You acknowledge that any warranty that is provided in connection with any of the Facilities, products or services described on the Website are provided solely by the owner, advertiser, manufacturer, provider or supplier of that Facility, product or service, and not by TOML or the Website (except where TOML is expressly stated to be owner, advertiser, manufacturer, provider and supplier thereof).
7.6 TOML operates and offers the Website strictly on a no-liability basis and TOML, or its alliance partner, shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the Website, or any Facilities, products or services mentioned or advertised on or accessed or availed on or through the Website or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the Website, any Facility, service or product or out of any breach of any warranty. Under no circumstances shall TOML, or its alliance partner, be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person.
7.7 If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of TOML (or the concerned Affiliate Partner or Service Provider, as the case may be) to you shall not exceed the amount of fees paid by you to TOML (or the Affiliates Partner or Service Provider, as the case may be) for the Facilities, products or services that you have ordered or availed of on or through the Website. 7.8 Delays in the Transactions and Non-Liability for Damages
While TOML, or its alliance partner, shall endeavor that your instructions and your transactions pursuant to Facilities provided by TOML, or its alliance partner, are communicated, carried out and/or performed promptly, TOML, or its alliance partner, does not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed; and TOML, or its alliance partner, shall not be responsible for any delay in communicating, carrying out or performance of any instructions or transactions due to any reason whatsoever, including by reason of failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labor problem, strike or any other reason beyond the control of TOML.
7.9 TOML, or its alliance partner, shall not be responsible for any inability to access the Website or any use or misuse of the Website.
7.10 Any search results displayed by or on the Website are automated and cannot be screened. Accordingly, TOML, or its alliance partner, assumes no responsibility for the accuracy or otherwise of any search results or of the content of any site included in the search results or otherwise linked to the Website.
7.11 TOML shall not be responsible for any unauthorized interception of e-mail to or from you or TOML.
7.12 To the extent possible, the disclaimers, limitations on liability and indemnities available to TOML under the Terms and Conditions shall mutates mutandis extend and be available also to the Alliance Partners and Service Providers and its / their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and everyone involved in creating, producing, delivering or managing the Website (or any part thereof) or any Facility. However this clause shall not protect the aforesaid Persons or extend to their obligations and liability to TOML, or its alliance partner or TOML's claims against them.
 

8. TERMS OF SUPPLY OF FACILITIES - GENERAL:

8.1 The Website primarily facilities the display and offering of Facilities by third parties ("Alliance Partners") and TOML on a no-liability and no-obligation basis as regards TOML. Several of the Facilities mentioned or offered on or through the Website are provided by Alliance Partners (and not by TOML) as indicated at the appropriate places on the Website. TOML has not conducted any investigation or due diligence in respect of, and makes no warranty for, the Alliance Partners or the Facilities provided by them, and TOML shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings with Alliance Partners, and the Alliance Partners may have their own agreements, terms and conditions which will govern such Facilities provided by them. The terms and warranties relating to such Facilities may vary from Alliance Partner to Alliance Partner and Facility to Facility. You should obtain the full text of such terms and warranties from the Alliance Partners.
8.2 Where any Facility is provided by TOML, in alliance with the partner, it is expressly mentioned on the Website. TOML and its alliance partner, offers its Facilities strictly on a no liability basis. Accordingly, while TOML and its alliance partner, shall endeavor to offer such Facilities as per their terms, no claim shall lie against TOML and its alliance partner, and TOML and its alliance partner, shall not be liable to you or to any Person, in the event of non-provision of any Facility or delay or omission to do any act pursuant to any Facility provided by TOML or on any other account whatsoever. You should avail of Facilities provided by TOML, or its alliance partner, only if you are agreeable to the above.
8.3 All your rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any Facility, if any, shall be governed by the applicable terms, policies and procedures of the concerned Alliance Partner and TOML shall not be liable or responsible for the same in any manner. You shall have no claim, rights or remedies whatsoever against TOML in respect of any Facility availed or sought to be availed by you from any Alliance Partner.
8.4 If you wish to avail of a Facility, you may be asked by the Alliance Partner or TOML to supply certain information, including but not limited to credit or debit card or other payment mechanism information. You agree that all information you provide to any Alliance Partner or TOML will be accurate, complete and current. You agree not to hold TOML liable for any loss or damage of any sort incurred as a result of any such dealings with any Alliance Partner.
8.5 You agree to pay all charges incurred by users of your ID and password and also will be responsible for paying any applicable taxes relating to remit the fund through the Website.
8.6 The records of access, instructions, transactions and other activities maintained or caused to be maintained by TOML through its or a third party's computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.
 

9. REFUND OF REMITTANCE PAYMENT:

MUNCHA MONEY TRANSFER shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, currency conversion rates offered, payment to the beneficiaries of the remittances or any other query, claim or dispute. MUNCHA MONEY TRANSFER will, however, assist the Registered User to facilitate resolution of such queries, claims and disputes to the best of MUNCHA MONEY TRANSFER’s ability and would return the funds back to the customer if they have not been delivered to the beneficiary due to lack of complete and accurate information within a period of 45 days. The amount of funds that is returned to Registered User may be less than the amount originally paid for the remittance payment because of service charges and other expenses incurred while refunding the funds. If Muncha Money Transfer determines to refund remittance payment funds to you, these funds may be returned to you at the exchange rates established by Muncha Money Transfer on the date of return. Muncha Money Transfer shall not be liable to the registered user for any loss occur due to cancel or refund a remittance payment.
 

10. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS:

TOML is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website. All rights on the Website are reserved and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of TOML (except as otherwise provided on the Website or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits TOML or Alliance Partners or Service Providers,. However, you may print a copy of the information on this Site for your personal use or records. This Site is for your personal use. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of Nepal and other countries, and may be subject to penalties. TOML, the Alliance Partners and/or the Service Providers do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Website.
 

11. AUTHORITY TO TOML:

You irrevocably and unconditionally authorize TOML, and its alliance partner, to access all information relating to you (including personal information and information relating to access and use of the Website and Facilities by you and the transactions entered into by you). Subject to the Privacy Statement, all information submitted on or via the Website shall be deemed to be and remain the property of TOML and the Affiliate Partners and Service Providers; and TOML, the Affiliate Partners and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information you may provide to or through the Website. TOML, the Affiliate Partners and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with you. TOML shall be deemed to acquire from you a non-exclusive, world-wide, perceptual, irrevocable, royalty free license to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in any information provided by you to or through the Website
 

12. NO AGENCY:

The Terms and Conditions and your use of or access to the Website or any Facilities are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the Website, TOML, any Alliance Partner or Service Provider, except where otherwise specifically agreed or appointed.
 

13. NO OBLIGATION FOR MAINTENANCE:

TOML, or its alliance partner, has no obligation to monitor the functioning of the Website. However, you acknowledge and agree that TOML has the right to monitor the functioning of the Website electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly or to protect itself or its Service Providers, Alliance Partners, Visitors, Users or Customers. TOML will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law. TOML reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the Terms and Conditions.
 

14. INDEMNITY:

You agree to defend, indemnify and hold TOML, its directors, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any Supplier.
 

15. TERMINATION:

15.1 Termination by TOML/Website –
You agree to defend, indemnify and hold TOML, its directors, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your of your ID and password, and any claims dispute or differences between you and any Supplier.
15.2 You acknowledge and agree that TOML may in its sole discretion deny you access through TOML to any materials stored on the Internet, or to access third party services, Facilities, merchandise or information on the Internet through the Website, and TOML shall have no responsibility to notify you or third-party providers of Facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Termination by You –
You may request for termination of this Facility at any time by giving a written notice of at least 15 days to TOML. The termination shall take effect on the completion of the fifteenth day from the date of receipt of the notice by TOML. Provided however that you will remain responsible for any transactions entered into by you and all obligations incurred by you until the time of such termination.
 

16. GOVERNING LAW & JURISDICTION:

16.1 The Website, the Terms and Conditions, all transactions entered into on or through the Website and the relationship between you and TOML shall be governed by and construed in accordance with the prevailing laws and no other nation, without regard to the laws relating to conflicts of law.
16.2 TOML, and its alliance partner, accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of Nepal. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than Nepal would not mean that the laws of such country would be applicable.
16.3 Subject to the other Terms and Conditions and applicable law, the Website and the Facilities are offered both to residents of Nepal and to non-residents. Provided however, that the Facilities are not available to foreign residents including non-resident Nepalese ("NRN's") in foreign jurisdictions where the Website or Facilities cannot be offered without prior legal or regulatory compliance. It shall be the sole responsibility of foreign residents including NRNs in foreign jurisdictions to verify whether the Website and the Facilities can be accessed and utilized in their respective jurisdictions.
 

17. NO WAIVER:

The failure or delay of TOML, or its alliance partner to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of TOML or its alliance partner shall be valid unless it is in writing signed by or on behalf of TOML, or its alliance partner.
 

18. SEVERABILITY:

If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgement, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, TOML, , or its alliance partner the court, tribunal or regulatory or self-regulatory agency or body should endeavour to give effect to the parties' intentions as reflected in the provision to the extent possible,. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
 

19. LIMITATION:

Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Website or any Facility or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
 

20. NOTICES:

20.1 TOML, or its alliance partner may give notice to you by e-mail, letter, telephone or any other means as may deemed fit to the address last given by you. Notices under the Terms and Conditions may be given you in writing by delivering them by hand or by sending them by post to the address mentioned on the Website. TOML , or its alliance partner may, but shall not be bound to, act upon notices and instructions given by you to by e-mail, letter, telephone or any other means as TOML may deem fit.
20.2 In addition, TOML, or its alliance partner may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Customers in a newspaper circulating in Nepal or on its Website. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).
20.3 Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website TOML, or its alliance partner shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by you to TOML, or its alliance partner. TOML or its alliance partner shall also be entitled to act on the basis of any instructions received or purported to be received by TOML, or its alliance partner from you by e-mail or other electronic means or via the internet. TOML, or its alliance partner shall also be entitled (but not bound) to act upon fax instructions and communications.
 

21. MISCELLANEOUS:

21.1 The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms and the Conditions.
21.2 TOML may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the Terms and Conditions.
21.3 TOML, or its alliance partner may from time to time send by e-mail or otherwise, information relating to products and services offered by it or the Alliance Partners or any other entities, the Facilities, general information related to financial and other services, advertisements of various products and services etc. to you.
21.4 You must at your own cost: (a) provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
21.5 The content presented at the Website may vary depending upon your browser limitations. The conditions stated in these Terms and Conditions are in addition to the other terms and conditions stated elsewhere in the Website.

BY ACCESSING AND / OR USING THIS WEBSITE OR PORTION / PAGE THEREOF AND / OR ANY FACILITIES YOU AGREE TO THE TERMS AND CONDITIONS.