Revised [January 05, 2022]
# TERMS & CONDITIONS
# Privacy Policy
# Domain Registration and Renewal Service Disclaimer
# Web Hosting Service Disclaimer
TERMS OF SERVICE:
Your use of these services is subject to the terms and conditions set forth in these terms of service (the “Agreement”). This Agreement explains (i) what is allowed when using our services; (ii) the rights you have as a user of our services; (iii) the rights we have if you do something which is not allowed when using our services; and (iv) many other important terms. This Agreement is a legal contract between you and Thamel Dot Com Pvt Ltd (“Company”) and it is important that you read it carefully. Thamel Dot Com is an country agent of Joshi Merchants LLC, USA to resell it’s services in Nepal. If there is anything you do not understand in this Agreement, please contact by clicking on the Contact Support link provided at: www.thamel.com
This Agreement sets forth the general terms and conditions of your use of the products and services made available by Company, including without limitation, the Thamel Dot Com Pvt Ltd website (the “www.thamel.com”) and products and services provided by third-party sellers or Service Providers of the Company and sold by Company (the “Seller Services” together with the Company Website, the "Services"). Notwithstanding anything to the contrary contained herein, you hereby agree and acknowledge that the Company may engage third parties (including without limitation Service Providers, suppliers or contractors) for the rendering of Services to you without your prior consent. By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Company Website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
Policies
Use of the Services is also governed by the Privacy Policy, which is incorporated by reference. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
Company as Reseller
Company acts only as a reseller or licensor of the Seller Services. Third parties can upload, distribute, and sell products and services such as for the creation of themes and websites through the Company Website (the “Sellers”). Sellers retain ownership of the Seller Services and grant Company a license to resell the Seller Services to Users. Your purchase of and/or download of any Seller Services from the Company Website does not grant you an ownership or other exclusive interest in any of the Seller Services. Your purchase of a Seller Service through Company may be subject to additional terms for example, if you purchase a theme, the User license terms shall also apply. A copy of the User License Agreement is provided along with this Agreement. Any such additional terms will be provided to you upon your purchase. By purchasing a Seller Service, you agree to comply with all additional terms that apply to the Seller Service. If you do not agree to abide by the additional terms, you are not authorized to use or access the Seller Services. If there is a conflict between any additional terms and the terms of this Agreement, the terms of this Agreement shall prevail.
Company Content
Except for User Content (as defined below), all content made available through the Company Website, including images, designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively "Company Content"), are the property of Company or its licensors. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content.
Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services. All rights of Company or its licensors that are not expressly granted in this Agreement are reserved by Company and its licensors.
Disclaimer
Company is not responsible for the accuracy, legal compliance, quality, or fitness for any particular purpose of any Services made available through the Company Website.
YOUR USE OF THE SERVICES AND THE COMPANY WEBSITE ARE ENTIRELY AT YOUR OWN RISK. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND COMPANY AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE YOUR COMMUNICATIONS, PERSONALIZATION SETTINGS OR OTHER INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, USE, OR FURTHER DISTRIBUTION OF ANY MATERIAL FROM THE COMPANY WEBSITE. COMPANY MAKES NO REPRESENTATION OR WARRANTIES (I) THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (III) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS; OR (IV) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. COMPANY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. COMPANY DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR COMPANY IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES, OR ANY USER CONTENT, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless Company and its affiliates, Service Provider and their respective officers, employees and agents (the “Company Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Company Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Security
Company has implemented measures designed to protect personal information in our custody and control. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party despite our best efforts; and (d) Company shall have no liability in connection with any of the foregoing.
It is solely your responsibility to maintain and control your Company account passwords, and you are solely responsible for all authorized and unauthorized activities that occur in connection with your account. You agree to notify Company immediately of any unauthorized access to your account. Company will not be liable for any loss or damages of any kind caused by your failure to comply with this section.
Term and Termination of the Services
Term of Services. The term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Term").. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving Company notice by phone or chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Company’s sole discretion. In the event of such cancellation, you may be obligated to pay a cancellation fee as set forth in the applicable Service Description.
Termination by Company. Company may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to Company; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Company or others, cause Company or others to incur liability, or disrupt Company’s business operations (as determined by Company in its sole discretion); (iv) you are abusive toward Company’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. If Company terminates your Services under this section, Company will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. Company reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Email Communications
Please note that when we contact you by email, such communications may not be secure and you should not provide any confidential or sensitive information via email. We are not liable for any unauthorized access to information you provide in violation of this section.
Governing Law and Legal Action
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Company is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country where Company is incorporated. Company reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the User is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
PRIVACY POLICY
Introduction. Company respects your privacy and is committed to protecting personal information which you provide to us and which we collect about you in connection with your accessing and use of this website and services associated with it, including uploading and downloading products and accessing chat rooms, message boards and other services (collectively, the “Services”). Company collects information in various ways from visitors and users. We use this information primarily to provide a customized experience as you use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in certain limited circumstances, such as when we believe that such disclosure is required or permitted by law or other special cases described below.
Registration and Account Information. Users of the Services (“Users”) are asked to provide certain personal information when they create a user account, including name, postal address, email address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. Users are asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services. The personal information collected from Users through these forms is used to manage each User's account (such as for billing purposes) and provide Users with information about services that may be of interest to them. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where Company and a partner jointly promote Services, Company may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. Company may also generate non-identifying and aggregate profiles from personal information that Users provide during registration (such as the total number, but not the names, of Users). As explained in more detail below, we may in certain instances use this aggregated and non-identifying information to sell advertisements that appear on the Services.
Service Providers. We may transfer (or otherwise make available) your personal information to our Service Providers and other third parties who provide services on our behalf. For example: as discussed above, we may use service providers to authorize and process payments, administer surveys, and run our promotions. Your personal information may be maintained and processed by our Service Providers and other third party service providers in the U.S. or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
Sale of Business. We may transfer your personal information as an asset in connection with a merger or sale of stock or assets (including transfers made as part of insolvency or bankruptcy proceedings) or as part of a corporate reorganization or other change in corporate control involving Company. Company may share personally identifiable information with other entities that are owned by Company or that have some sort of corporate ownership relationship with Company.
Special Cases. It is Company’ policy not to use or share the personal information about Visitors of Users in ways unrelated to the ones described above without your consent. However, Company, or our service providers, may disclose personal information about Visitors or Users, or information regarding your use of the Services or websites accessible through our Services, in our sole discretion: to comply with U.S., Canadian or other laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests or demands for such information; in response to a search warrant, subpoena or other legally valid inquiry or order; to an investigative body in the case of a breach of an agreement or contravention of law; as necessary to identify, contact, or bring legal action against someone who, for example, may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; to protect Company and our Users; or as otherwise permitted or required by law.
"Cookies" and How Company Uses Them. A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. Company may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. These cookies do not enable third parties to access any of your User information. You may set your Web browser to notify you when you receive a cookie. However, if you decide not to accept cookies, you may not be able to take advantage of all of the features of our website. Additionally, be aware that if you visit non- Company websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them. In addition, Company may utilize cookies to track referrals from internal and external affiliates and/or Service Providers, as well as advertising campaigns.
Company Statistics. We use information gathered from our website statistics (for example, User IP addresses) to help diagnose problems with our servers, and to administer our website. We also gather broad demographic information from this data to help us improve our website and make your browsing and purchasing experience more enjoyable.
Public Forums. Please remember that any information you may disclose in our User Directory, Spotlights/case studies, testimonials, forums, or other public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
Company Commitment to Data Security. We have implemented measures designed to protect personal information in our custody and control. We maintain commercially reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts. Your online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages). We have personal information retention processes designed to retain personal information of our customers for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.
How to Access or Modify Your Information. You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information we have in our custody or control by accessing your personal profile in your account or by contacting support via email, phone or online chat. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records. To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your account control panel. Alternatively, you can contact Company by clicking on our Contact Support page provided on our website, i.e. www.thamel.com.
Children Under 13. This website is not directed towards children and Company does not seek to collect any personal information from children. If Company becomes aware that personal information from a child under the age of 13 has been collected, Company will use all reasonable efforts to delete such information from its database.
Revisions to this Policy. Company reserves the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if Company plans to materially change how it plans to use previously collected personal information, Company will provide you with advance notice prior to the change becoming effective and an opportunity to opt-out of such differing uses. Company encourages you to periodically review this page for the latest information on its privacy practices.
Unsubscribe/Opt-out. When you become a customer of Company, you are automatically subscribed to receive transactional notices about your account, email newsletters and news of special promotions offered through Company and/or in conjunction with Company partners. To unsubscribe from Company newsletters and promotional mailings, please update your preferences in your Company control panel or contact Company support. You may also unsubscribe through the links provided in promotional email messages sent by Company or on Company behalf.
Where to Direct Questions About Company Privacy Policy. If you have any questions about this Privacy Policy or the practices described herein, you may contact us by clicking on our Contact Support page provided on our website, i.e. www.thamel.com.
Domain Name Registration and Renewal Service Disclaimer
1. Availability and Registration: The availability of a domain name is subject to the registry's approval and availability at the time of registration. We make no guarantees or representations regarding the availability or successful registration of any specific domain name. The registration of a domain name does not imply legal ownership or exclusivity of that name. It is your responsibility to ensure that the chosen domain name does not infringe upon the rights of any third party and complies with all applicable laws, regulations, and policies.
2. Limitation of Liability: We shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the registration, use, or inability to use a domain name, including but not limited to loss of profits, business interruption, or loss of data. You agree to hold us harmless from any claims, actions, damages, or liabilities arising from the registration or use of your domain name.
3. Registration Process: While we strive to provide accurate and timely domain registration services, we do not guarantee uninterrupted or error-free processes. Technical issues, system failures, or delays from domain registries, internet service providers, or other third-party entities may occur. We are not responsible for any losses or damages resulting from such occurrences. You acknowledge that the registration process may require the submission of personal information, and you agree to provide accurate and complete information.
4. Renewals and Expirations: It is your responsibility to ensure timely renewal of your domain registration before the expiration date. We will make reasonable efforts to send renewal reminders to the email address associated with your account, but we are not responsible for any failure of notification. Failure to renew a domain name in a timely manner may result in its expiration and potential loss of the domain. We shall not be liable for any consequences arising from expired domain names, including but not limited to loss of business, traffic, or email communications.
5. Dispute Resolution: In the event of a domain name dispute, you agree to abide by the policies and procedures established by the relevant domain registry, including but not limited to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or other applicable dispute resolution mechanisms. We do not arbitrate or mediate domain name disputes and are not responsible for any damages, losses, or expenses resulting from such disputes.
6. Indemnification: You agree to defend, indemnify, and hold us harmless from any claims, demands, actions, damages, liabilities, costs, or expenses, including reasonable attorney fees, arising out of or in connection with your registration, use, or misuse of a domain name.
7. Modification and Termination: We reserve the right to modify, suspend, or terminate domain registration services at any time and for any reason without prior notice. We shall not be liable to you or any third party for any modification, suspension, or termination of services.
8. Governing Law: This disclaimer, your use of our domain registration services, and any disputes arising from it shall be governed by and construed in accordance with the laws of the jurisdiction of Joshi Merchants LLC, USA.
Web Hosting Service Disclaimer
1. Service Availability: We strive to provide reliable and uninterrupted web hosting services. However, we do not guarantee continuous availability or access to our services due to factors beyond our control, including but not limited to scheduled maintenance, network outages, hardware failures, or force majeure events. We shall not be held liable for any damages, loss of data, or financial loss resulting from service interruptions.
2. Data Backup: While we may offer backup services, it is ultimately your responsibility to regularly backup your website data and content. We do not guarantee the integrity, completeness, or availability of backups. In the event of data loss, we shall not be held liable for any damages or loss of data, including but not limited to lost profits or business interruption.
3. Security: We implement reasonable security measures to protect our servers and your data. However, it is your responsibility to ensure the security of your website, including regularly updating software, using strong passwords, and implementing appropriate security measures. We shall not be liable for any unauthorized access, hacking attempts, or data breaches resulting from your failure to maintain adequate security measures.
4. Acceptable Use: You agree to use our web hosting services in compliance with all applicable laws, regulations, and policies. You are solely responsible for the content you publish, transmit, or store on our servers. We reserve the right to suspend or terminate your account if we determine that your use of our services violates our acceptable use policy or poses a threat to the stability, security, or performance of our servers.
5. Third-Party Services: Our web hosting services may integrate or provide access to third-party applications, plugins, or services. We do not endorse or guarantee the reliability, functionality, or security of these third-party services. Your use of third-party services is at your own risk, and we shall not be responsible for any damages, losses, or liabilities arising from their use.
6. Limitation of Liability: To the fullest extent permitted by law, we disclaim any liability for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with our web hosting services, including but not limited to loss of data, loss of business, or interruption of services. In no event shall our liability exceed the total amount paid by you for the specific web hosting services during the twelve (12) months preceding the claim.
7. Termination: We reserve the right to suspend or terminate your web hosting account at any time and for any reason without prior notice. In the event of termination, you may be provided with a pro-rated refund based on the unused portion of your subscription fees, unless termination occurs due to a violation of our terms of service or acceptable use policy.
8. Governing Law: This disclaimer, your use of our web hosting services, and any disputes arising from it shall be governed by and construed in accordance with the laws of the jurisdiction Joshi Merchants LLC, USA.