PhoneSatum.com/IMS Smart retains the copyright and all other intellectual property in the Platform, including all information, content and material on the Platform.
Unless otherwise mentioned, the articles published on the Platform constitute the views and opinions of the authors of the articles in their personal capacity and are not created or endorsed by PhoneSatum.com/IMS Smart.com/IMS Smart. Although our endeavor is to provide you with information as accurate as possible, PhoneSatum.com/IMS Smart makes no representations or warranties of any kind about the ongoing completeness, accuracy, reliability or suitability of the information displayed or distributed through the Platform.
The articles published on the Platform are for general information only and may be viewed for personal and noncommercial use only. Any reliance on the information herein shall be at your sole risk.
The material, content and information on the Platform must not be copied, modified, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any manner. PhoneSatum.com/IMS Smart reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Platform.”
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(p) interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of Nepal, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) shall not be false, inaccurate or misleading;
(z) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of PhoneSatum.com/IMS Smart or its associate companies or sellers on platform or otherwise tarnish or dilute any PhoneSatum.com/IMS Smart.com/IMS Smart’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or PhoneSatum.com/IMS Smart.com/IMS Smart’s systems or networks, or any systems or networks connected to PhoneSatum.com/IMS Smart.com/IMS Smart.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You must not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Electronic Transaction Act,2063 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.
13. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
14. PhoneSatum.com/IMS Smart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(1) do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) do not make any additional representations or warranties relating to such documents.
Third party content:
The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by PhoneSatum.com/IMS Smart.com/IMS Smart. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by PhoneSatum.com/IMS Smart or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold PhoneSatum.com/IMS Smart.com/IMS Smart, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason. By using any Third Party Content, you may leave this Website and be directed to an external website, or to a website maintained by an entity other than PhoneSatum.com/IMS Smart.com/IMS Smart. If You decide to visit any such site, you do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. PhoneSatum.com/IMS Smart makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that PhoneSatum.com/IMS Smart or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of PhoneSatum.com/IMS Smart or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of PhoneSatum.com/IMS Smart and PhoneSatum.com/IMS Smart is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. PhoneSatum.com/IMS Smart is not responsible for webcasting or any other form of transmission received from any linked site. PhoneSatum.com/IMS Smart is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by PhoneSatum.com/IMS Smart in any manner of the website.
Posting on the Website:
PhoneSatum.com/IMS Smart does not claim ownership of the materials You provide to PhoneSatum.com/IMS Smart (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting PhoneSatum.com/IMS Smart.com/IMS Smart, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
Disclaimer of Warranties and Liability
This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, PhoneSatum.com/IMS Smart does not warrant that: • This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading. PhoneSatum.com/IMS Smart.com will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. PhoneSatum.com/IMS Smart.com does not warrant that this site; information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Limitation of damages
In no event shall PhoneSatum.com/IMS Smart.com or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if PhoneSatum.com/IMS Smart.com is expressly advised of the possibility of such damages.
The Website may contain inaccuracies and typographical and clerical errors. PhoneSatum.com/IMS Smart.com expressly disclaims any obligation(s) to update this Website or any of the materials on this website. PhoneSatum.com/IMS Smart.com does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. PhoneSatum.com/IMS Smart.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. PhoneSatum.com/IMS Smart.com may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
Please contact us at Smart Mobile Exchange - Home (PhoneSatum.com/IMS Smart.com) for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Electronic Transaction Act, 2063 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Saroj Khadka
IMS Pvt Ltd.
Kathmandu Metropolitan City Ward No. 1
Time: 10:00 A.M to 6:00 P.M