This Website User Agreement lays out the terms and conditions and rules, as maybe amended and supplemented, from time to time (hereinafter referred to as the “agreement”) which shall be applicable to the access and use of the website or service of Symbiosis Consultancy Private Limited, hereinafter referred to as the company (i.e. http://www.symbiosis.com.np – the website or service”) by its clients and service users including visitors (“user”) of the website.

1. Acceptance of Terms of Service and Modification Thereof

1. Access of the website or service by the clients and service users including visitors shall constitute an acknowledgement and acceptance in full, of all the terms of the service and rules as stated in this agreement and without any modification and/or exception by the clients and service users including visitors of this agreement. If the clients and service users including visitors do not agree with any part of such terms and rules as stated in this agreement in any manner, the clients and service users including visitors must not access the website or service; and

2. The company reserves the right to change the terms of the service and rules as stated in this agreement pursuant to which the website or service shall be accessed by the clients and service users including visitors, without any notice or intimation of such change.

2. Limited User

1. The clients and service users including visitors agree that given the nature of the internet, the website or service is targeted to a large number of audiences and potential clients, it may be accessed in other parts of the world. The material/information on this website or service is not intended for use by persons located in, or residents in countries that restrict the distribution of such material/information or by any person in any jurisdiction where distribution or use of such material/information or usage or access of the website or service will be contrary to law or any regulation;

2. It shall be the responsibility of every client and service user including visitor to be aware of and fully observe the applicable laws and regulations of the jurisdiction which clients and service users including visitors are subject of. If the clients and service users including visitors are not a Nepalese resident and yet use this website or service, they acknowledge, understand and agree that they are doing so on his own initiative and at his own risk and the company shall not be liable for violation/breach of any of the laws applicable to usage of the website or service;

3. The website or service is not to be and should not be construed as purporting to offer or inviting to offer any information to residents of countries where the company is not licensed or authorized to perform activities related to its objective;

4. The clients and service users including visitors further agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the website or service in any manner whatsoever. Reproduction, copying of the content for commercial or non‐commercial purposes and unwarranted modification of data and information within the content of the website or service is strictly not permitted without prior written consent from the company and/or third-party owners; and

5. However, some of the content of the website or service or other files may be made available for download from the website or service which is permitted to be copied and/or used only for personal purposes of the clients and service users including visitors. The clients and service users including visitors and/or any third party is prohibited from running or displaying this website or service and/or information displayed on the website or service on any other website or frame (a frame in the company’s website is a part of its web page or browser window which displays its content independent of its container, with the ability to load content independently) without prior written consent from the company.

3. Disclaimer of Warranties

1. The company has endeavored to ensure that all the information provided by it on the website is correct, but it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the website or service and the company shall not be, in any manner liable for inaccuracy/error if any. The company makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the website or service, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the website or service and/or as the case may be the provision of the services thereunder; and

2. The company shall not be held responsible for non‐availability of the website or service at any point in time for any reason whatsoever. The clients and service users including visitors understands and agrees that any material and/or data downloaded or otherwise obtained from the company through the website or service is done entirely at their discretion and risk and they shall be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.

4. Links to Third Party Sites

1. The website or service may contain links to other websites or service or may contain features of any nature of other websites on the website or service ("Linked sites and/or services"). The linked sites and/or services are not under the control of the company or the website or service and the company is not responsible for the contents of any linked site or service, including without limitation any link or advertisement contained in a linked site and/or service, or any changes or updates to a linked site and/or service;

2. The company is not responsible for any form of transmission, whatsoever, received by the clients and service users including visitors from any linked site and/or service. The inclusion of any link does not imply endorsement of any nature by the company or the website or service of the linked sites and/or service or any association with its operators or owners; and

3. The company is not responsible for any errors, inclusions, omissions or representations on any linked site and/or service, or on any link contained in a linked site and/or service. The clients and service users including visitors is requested to verify the accuracy of all information on their own before undertaking any reliance on such information of such services that they believe may benefit the clients and service users including visitors.

5. User’s Obligations

1. As a condition of access and use of the website or service, the clients and service users including visitors warrant that they will not use the website or service for any purpose that is unlawful or illegal under any law for the time being in force within or outside Nepal or prohibited by this agreement;

2. In addition, the website or service shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the website or service or infringe any intellectual property rights of the company or any third party.

6. Contact Us Feature

1. The clients and service users including visitors will be provided with contact us features on the website or service. The clients and service users including visitors will be able to provide their contact details to enable the company to contact them;

2. The clients and service users including visitors may further be provided with features to contact the company, raise queries, comments or interact with the company. However, the company shall be at its sole discretion and be within its rights to answer, reply or opt not to reply to any such queries or comments; and

3. By using the said features, clients and service users including visitors permit the company to contact them on their registered details, for any clarification or to offer any other service from time to time.

7. Breach

Without prejudice to the other remedies available to the company under this agreement or under applicable law, the company may limit the clients’ and service users’ including visitors’ activity, and their actions and warn other users whether or not authorized by the clients and service users, immediately temporarily/indefinitely suspend or terminate the clients and service users including visitors and their use of the website or service, and/or refuse to provide the clients and service users including visitors with access to the website or user if the clients and service users including visitors are in breach of this agreement.

8. Ownership and Proprietary Rights

1. The content of the website or service and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the company or validly licensed to the company and are protected by applicable Nepalese and other copyright and other intellectual property law. The clients and service users including visitors acknowledge, understand and agree that they shall not have, nor be entitled to claim, any rights in and to the website or service content and/or any portion thereof;

2. Some of the content on the website or service have been permitted by the third party/ies to be used by the company in such form and manner as may be desired by the company and the company will make its best endeavors to give credit to such third party/ies during publication of such content on its website or service. If at any point in time any dispute is raised with respect to publication of such content, by any third party, the company shall be in its rights to remove such content or procure requisite consents from third party/ies; and

3. Any copyrighted or other proprietary content distributed on or through the website or service with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the clients and service users including visitors to personal liability or criminal prosecution.

9. Limitation of Liability

Its clients and service users including visitors understand and expressly agree that to the extent permitted under applicable laws, in no event will the company or any of its director, partners, affiliates, respective officers, employees, agents, or licensor be liable to the user or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, known of or should have known of the possibility of such damages), resulting from the clients’ and service users’ including visitors’ use of or inability to use the website or service or any parties thereof.

10. Indemnification

The clients and service users including visitors agrees to indemnify, defend and hold harmless the company, its director, partners, affiliates, officers, employees, agents, vendors, third party service providers, and any other third party providing any service to the company in relation to the website or service whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the company that arise out of, result from, or may be payable by virtue of, any breach or non‐performance of any terms of this agreement including any representation, warranty, covenant or agreement made or obligation to be performed by the clients and service users including visitors pursuant to this agreement.

11. Severability

If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this agreement shall continue to be in full force and effect.

12. Force Majeure

The company shall not be liable for any failure to perform any of its obligations under this agreement or provide the website or service or any part thereof if the performance is prevented, hindered or delayed by a force majeure event and in such case its obligations shall be suspended for so long as the force majeure event continues.

13. Governing Law

This agreement shall be governed by and constructed in accordance with the laws of Nepal without reference to conflict of laws principles. In the event any dispute in relation hereto is brought by the clients and service users including visitors, it shall be subject to the exclusive jurisdiction of the district courts of Kathmandu, Nepal.