Terms of Use

This document is an electronic record. This is generated by a computer system and does not require any physical or digital signatures.

This document is published for access or usage of GoListed services which includes the GoListed mobile app (iOS and Android) and the website (www.go-listed.com). GoListed Services are mentioned as GL services below.

Please read the following terms and conditions very carefully as your use of our services is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").

ACCESSING, BROWSING OR USING THE WEBSITE AND THE MOBILE APPS INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms and Conditions of use of website, you also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/GL member subscribe to or use the GL Services. If you do not want to be bound by the Terms and Conditions, you must not use the GL Services.

In these Terms and conditions, references to "You" or "User" shall mean the end user accessing the GL services, its contents or using the GL Services offered. "GL Services" means a collective reference to the GoListed service provided by Truenary Solutions Pvt Ltd., a company under the provision of Companies Act and having its registered office at Kathmandu District Kathmandu Metropolitan City Ward No.4.

Scope

[GL] acts as a platform to enable any user to register themselves on it to voluntarily search for Goods ,Rental Home ,Furniture, Electrical or Mechanical Equipment(s); sale or purchase of Land or Home from the database of GL’s already registered users. However, you must have a valid/operational mobile phone number.

GL Members are provided with free/paid access for searching goods and services from the database of GL according to your choice.

GL Membership is guided by the Terms and conditions mentioned herein below. By using or accessing the GL Services, you agree to be bound by all the Terms and conditions ("Agreement"):

GL does not authenticate any information of any goods and services and hence, you as a user need to verify the authenticity and information provided by other users.

1. Eligibility:

A) GL Membership and rights of admission is reserved solely for : I. Nepalese Nationals & Citizens. II. Persons of Nepali Origin III. Non Resident Nepalese (NRN) IV. Foreign Persons having valid Nepali visa from Immigration Department

B) Further in capacity as GL member you confirm that you are: I. 18 years or above II. Legally competent to buy or sell goods as per the Nepalese law applicable to you III. Not prohibited or prevented by any applicable Nepalese law for the time being in force.

1. Eligibility:

A. We expect that you would complete the online registration process with honesty while furnishing your information to GL. You would find goods and services through our automated system dependent upon yourself furnishing true, accurate, current, complete information and photos etc. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo. You further undertake that you alone shall be responsible or be liable for any information provided to GL. In order to serve you better, if GL requires additional details, you shall agree to provide it. GL shall reproduce the registered goods and services details on "as is as available" basis at website or app and GL members shall be solely liable for the information given by such GL member. Further you may fill in your phone number in any of our registration campaigns appearing in various websites and apps as part of our advertisement.

B. If at any point of time GL comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete then GL shall have full right to suspend or terminate (without any notice) your GL membership and forfeit any amount paid by you towards GL membership fee and refuse to provide GL service to you thereafter.

C. GL Membership is restricted strictly to the registered GL individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of GL and nor use the GL Service or GL members data for any commercial purpose, and GL reserves its right to initiate appropriate legal action for breach of these obligation.

3. Role and Responsibility of GL

A. GL is a platform to help you find your goods and services through the process of automated searching, short listing and contacting with other registered members.

B. GL's obligation is only to provide information to its registered members to search their need without any assistance from third party / persons from amongst the other registered members. You agree that the system generated search results of GL are only the details of registered members.

C. The search conducted by any GL member and the results thereof are automatically generated. In the event GL member changes their details on the GL application/website, then the automated system generated results may also undergo corresponding change.

D. GL cannot guarantee or assume responsibility for any specific results from the use of the data available from the GL service

E. GL shall safeguard sensitive user information using authentication mechanisms, access controls and encryption techniques.

F. GL cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the GL servers

4. Role and Responsibility of GL Member

A. To get better search results, GL Members are expected to provide latest photograph which should not be more than 3 months old. Providing old photographs/ photographs of others, inaccurate / false information of goods and services shall be treated as violation of terms and conditions and GL shall retain their right under clause 2 (b) of this terms and conditions.

B. GL members are expected to disclose the flaws of goods and services during registration which includes any damage, operating problem etc. Non - disclosure at the time of registration shall be treated as violation of the terms and conditions and GL shall retain their right under clause 2 (b) of this terms and conditions.

C. You also agree that while accessing / using GL Services, you will be guided by the Terms and conditions of GL.

D. GL member shall not assign or transfer your GL membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and GL shall retain their right under clause 2 (b) of this Terms and conditions.

E. If the GL Member fails to inform GL, about any change in the particulars furnished by GL member to other GL member, then the GL membership may be suspended by GL at its sole discretion.

F. GL Members agree to use secure devices, software and networks for accessing the GL services.

G. GL Members shall not probe, scan or text the vulnerabilities on the GL application/website or any network neither connected to the application/website nor breach the security measures instituted by GL.

5. Medium of Communication to GL Members

A. GL member hereby consents for receiving communication including promotional communications through any medium of communications such as Emails and /or SMS/Calls.

B. GL may contact the GL member through any of the above media to share the details of the goods by way of internal messages / links. GL member confirms that the mobile number submitted to it for verification or alternative number if any provided, is not registered with the Do Not Disturb / National Customer Preference Register and they shall not initiate any complaint. GL Member further confirms that even if GL Member is registered with the telecom service provider under the category Do Not Disturb / National Customer Preference Register the calls from GL either to the verified mobile number or alternative number if any provided shall not be treated as promotional calls.

6. Confidentiality

A. GL has reasonable processes and system in place to maintain confidentiality of all personal information other than those meant for sharing with the details of goods and services furnished by GL members and GL may at its sole discretion and cost take bonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, GL/GL member may divulge such information if required by law.

B. Any feedback you provide to GL shall be deemed to be non-confidential. GL shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) GL member is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from GL for the feedback under any circumstances.

C. You agree that GL has all the right to process your data through the automated process to serve you with suitable details (based on your set parameters) from GL or its consortium of services and may also send you communication in this regard.

7. Privacy of Membership

A. GL shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.

B. Although we will strive to safeguard the confidentiality of your personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by GL and that GL will have no liability for any such act. GL member understand and agree that GL will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. You also agree to keep your username and password confidential, to avoid any misuse of your details at our application/website.

C. GL members agree that their details(s) may be crawled and indexed by search engines, where GL and its network do not have any control over the search engines behavior and GL shall not be responsible for such activities of other search engines/third party websites.

D. You agree that, when you use third party services through GL, you hereby grant GL the right to share your information needed for providing such third party services to you or in relation to processing your information for office use of GL/its payment gateway and/or such third party service providers.

8. Disputes between Members

A. You and the buyer/seller are both registered GL members and are bound by these terms and conditions.

B. GL is not a broker or the agent of any GL member and GL does not partake in the exchange of any kind of discussion between the GL members and buyers/sellers or the results of their discussion.

C. GL Members are solely responsible for the communications (through any medium) with buyer/seller or vice versa. GL expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any GL members via e-mail, chat, interaction or any other medium of communication between GL members either using application/website or otherwise.

D. GL has no obligation, to monitor any such disputes arising between the GL members, and GL shall not be party to any such dispute/litigation etc.

9. Content Right

A. GoListed is a project registered in the name of Truenary Solutions Pvt Ltd. You agree that all content of GL belong to Truenary Solutions Pvt Ltd., being your or third party content including advertisement on the mobile apps and website for which GL has requisite license/right in terms hereof to display the same on our application/website.

B. You acknowledge that you are responsible for the content and information including the details, photograph and other content(s) keyed in the relevant field of the application/website at the time of the creation of the GL details or subsequently modified by you and also for all the post and communication (including personalized messages sent by GL members) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to GL, you hereby grant GL a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the GL's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information in any media formats and through any media channels. GL also reserves the right to block the registration of your details GL Services, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in data entered by the GL members in their details.

C. While GL does not accept any obligation to monitor the content/information, if the content/information is found not to be in compliance with these Terms and Conditions, then GL may delete the content/information and / or terminate or suspend your registration or without a refund of any subscription paid by you in terms of clause 2 (b) of these terms and conditions. You agree that if the situation warrants GL may at its sole discretion put restriction on any GL member to other member’s communications.

D. GL reserves the right to suspend/delete the details of the users who appropriate the name, email address, contact no or other personally identifiable information of another individual and GL also reserves its right to initiate appropriate legal action against such individual/organization, as and when GL get the knowledge of the same.

E. In the event we get a complaint against you and consequently we have suspended/deleted your details in good faith, then we shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.

10. Third Party website

A. GL member understand and agree that GL may allow third parties to put up advertisements on the GL application/website and GL does not control the contents of such third party advertisement on the GL application/Website. Third party websites to which links are given on application/website are not governed by these Terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party website shall prevail. The Company does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.

B. GL reserves the right to add/delete/alter/modify/suspend any or all the GL Services at any time as it may deem fit, without notice. The GL members are expected to see the change on the application/website.

11. Limitation of liability

A. GL likes to inform you that the exchange of details(s) through or by GL should not in any way be construed as a guaranteed offer.

B. Notwithstanding anything to the contrary contained herein, GL's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GL, for any specific GL paid package, and no further.

12. Class Action Suits

You and GL acknowledge that neither of us will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further neither you nor GL agrees to class arbitration.

13. General

A. The GL services shall be deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof.

B. In the event you wish to file a complaint against another buyer/seller on our application, you may do so. However, GL reserves the sole right to choose to take the right course of action based on the complaint and community standard.

14. Notwithstanding anything contained herein, GL reserves the absolute right to delete, in any manner as it deems fit, any content of any details listing placed on GL appplication/website (once such instance come to GL notice) in order to ensure compliance with the rules of such placement, prima facie accuracy and the prevailing laws in force for the time being. GL also reserves the right to block/ delete / suspend the details which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered prospects.

15. In case of conflict between the terms and condition of GL services and terms and conditions of any other website, the terms and condition of GL services shall prevail for the service provided.

16. Disclaimer

A. Your access to and use of the GL Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE GL SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, GL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GL does not warrant that the Website, the application, its servers, or e-mail sent from GL are free of viruses or other harmful components. GL will not be liable for any damages of any kind arising from the use of this GL services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

B. GL does not give any implied or explicit guarantee or warranty of purchase/sale of goods and services by you choosing to register using GL services (both paid and free).

C. Notwithstanding anything contrary contained anywhere, under no circumstances, GL shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. any act or omission done by GL
ii. any untrue or incorrect information submitted by you or on your behalf
iii. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the details from GL);
iv. any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
v. any Cyber crime attempted or committed by anyone and
vi. any incident of force-majeure or 'act of god'.
vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
viii. GL shall not be liable for the outcome of any interaction in a meeting, call, sms, chat, email or social media posts at any point of time
ix. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.

D. You expressly agree that your use of this Website is at your sole risk.

17. Indemnity

By using our GL services you agree to defend, indemnify, and hold harmless GL, it’s Directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through improper use of the service provided by GL. This defense and indemnification obligation will survive in perpetuity.

18. Breach

You agree that if we receive feedback/ complaints against your details in relation to the facts that you have provided incorrect information on our website or application; or committed any unlawful/illegal activities through the use of our website or application; or created details on our website or application by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person whose details is being registered or use only part information including using photo of third parties without the permission of such third parties or act with other members/employees in indecent/improper manner, then we/GL in good faith reserve our right to suspend/delete your details at our sole discretion without any notice to you, we also reserve to stop all GL services to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions.
GL reserves the right to forthwith terminate your GL membership, block/delete your details and forfeit entire amount paid as membership fee; if at any time GL, in its sole discretion, is of the opinion or has any reason to believe that, you have violated these Terms and conditions of use. We also reserve our right to file appropriate police complaint against you, if the breach of these terms and conditions is/are criminal in nature. GL may claim compensation for any loss occurred by breach of Terms and Conditions.

19. Termination

A. Unless otherwise provided in these Terms and Conditions, GL membership may be terminated by GL / you without assigning any reasons.

B. Upon termination / suspension of GL membership, your right to use or access the GL services will cease immediately. All provisions of this terms and conditions that by their nature should survive termination. Termination of your access to and use of the GL Services shall not relieve you of any obligations arising or occurring prior to such termination.

20. Jurisdiction and Applicable Law

A. The registration of GL membership and all GL services are deemed to have been entered into within the territorial Jurisdiction of Nepal

B. The GL Members unconditionally agree that all such disputes and / or differences if any shall be governed by the Laws of Nepal and submitting to the exclusive Jurisdiction of appropriate court of law in Nepal.

C. You hereby, unconditionally and irrevocably confirm that you have read terms and conditions and agree to abide by them and the information provided by you is true and correct.