Terms and Conditions

  1. Introduction.
    Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the kha.bar, referred as Prixa Website and the Services (as each are defined below) provided by Prixa Technologies or one of its divisions (collectively, "Prixa"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Prixa’s Web Sites or Services. These Terms and Conditions are effective as of January 4, 2019.
     
  2. Binding Agreement.
    These Terms and Conditions (as they may be amended from time to time by Prixa), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the "Agreement") between you and Prixa. Your access to or use of the Prixa Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
     
  3. Certain Definitions.
    The following definitions apply to this Agreement:
    3.1 "Prixa Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
    3.2 "Prixa Web Site", “ kha.bar” or the "Site" (collectively, the "Prixa Websites" or the "Sites") means any web site under Prixa's control, whether partial or otherwise and includes such Site's Content, Prixa Materials and Services (as applicable in each context).
    3.3 "Content" means Prixa's web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data stored in various commercial databases operated and licensed by Prixa, data submitted via the Sites by Users and other content made available through the Sites by Prixa.
    3.4 "Document" refers to news.
    3.5 "Services" means any services provided by Prixa or its agents described herein and specified more fully in the Service Activation Agreement.
    3.6 "User" refers to any individual or entity that uses any aspect of the Sites.
    3.7 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
     
  4. Intellectual Property Rights and Acceptable Use of the Sites and Services.

    4.1 General Use Rules.
    The Sites are intended for individuals seeking news updates from all news sources

    4.2 Prixa Intellectual Property Rights.
    The Sites, the Prixa Materials and all right, title and interest in and to the Sites and Prixa Materials are the sole property of Prixa or its licensors, and are protected by Nepal and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Prixa reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Prixa Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Prixa on such Prixa Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Prixa Sites, without the express written consent of Prixa. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Prixa Materials are not considered to be works for hire and you may duplicate such Prixa Materials only for the purposes outlined in the Service Activation Agreement. "Prixa," "Personified", the Prixa design logo and certain other names or logos are service marks or trademarks of Prixa, and all related product and service names, design marks and slogans are the service marks or trademarks of Prixa. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Prixa's trademarks, service marks and copyrights. Any code that Prixa creates to generate or display the Content or the pages making up the Sites is also protected by Prixa's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Prixa Materials on any authorized copy you make of the Content or Prixa Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

    4.3 Other Specific Rules Regarding Site Usage.
    You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

    4.4 User Submissions.
    Prixa welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Prixa does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Prixa creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Prixa. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Prixa's part, and Prixa will not be liable for any use or disclosure of any User Submission. Prixa shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
     
  5. Third Party Providers.
    You acknowledge and agree that Prixa may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Prixa and its Third Party Providers, Prixa will have sole responsibility for handling all billing and contract negotiations.
     
  6. Disclaimers and Limitations on Prixa's Liability.

    6.1 Allocation of Responsibility
    Prixa assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Prixa acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Prixa may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Prixa has no liability or responsibility to Users for performance or nonperformance of such activities. Prixa may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

    6.2 No endorsements by Prixa.
    Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

    6.3 WARRANTY DISCLAIMERS.
    (a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PRIXA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PRIXA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

    (b) WITHOUT LIMITATION ON THE FOREGOING:

    (i) PRIXA DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PRIXA IS NOT RESPONSIBLE FOR THOSE COSTS.

    (ii) Prixa makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

    (iii) Prixa makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.

    6.4 User Authentication.
    Because User authentication on the Internet is difficult, Prixa cannot and does not confirm that each User is who they claim to be. Because Prixa does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Prixa from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

     
  7. Payment of Services upon Termination of Service Activation Agreement.
    If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then Prixa shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
     
  8.  Links to Other Sites.
    Prixa contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Prixa of the contents on such third-party web sites. Prixa is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
     
  9. Amendments to this Agreement and Changes to Sites.
    Prixa may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Prixa unless Prixa agrees to them in a signed writing specifically including those new or different terms. Prixa may change the Sites at any time.
     
  10. Indemnity.
    You agree to defend, indemnify, and hold harmless Prixa from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Prixa shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
     
  11. User Information and Privacy Policy.

    11.1 User Accounts:
    When you register on any of the Prixa Sites or in connection with the Services, you will be asked to create an account and provide Prixa with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.

    11.2 Privacy Policy:
    All User Information will be used in accordance with the terms of Prixa's Privacy Policy. Please note, as set forth in the Privacy Policy, that Prixa may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Prixa reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
     
  12. Questions and Notices.
    Questions concerning the use of the Sites should be directed to Feedback. Notices to Prixa should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Prixa reasonably determines is an appropriate address for you.
     
  13. General.
    Prixa contact information is listed on the Sites. Prixa makes no claims that the Content is appropriate or may be downloaded outside of the Nepal. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Prixa from outside of the Nepal, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and Prixa is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Prixa in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Prixa.
     
  14. Rules regarding Posting, Conduct and Security.
    The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.

    14.1 Posting Rules:
    (a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

    (b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership"); provided, however that Prixa may allow posting of certain training and business opportunities (see 14.1(e) below).

    14.2 Security Rules:

    (a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

    (b) Violation of these Security Rules may result in civil or criminal liability. Prixa will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

     
  15. Copyright Complaints.

    15.1 Prixa respects the intellectual property of others.
    It is Prixa's policy to respond to claims of copyright and other intellectual property infringement. Prixa will promptly process and investigate notices of alleged infringement and will take appropriate actions under The Copyright Act, 2059 and its amendments and other applicable intellectual property laws. Upon receipt of notices complying with the Copyright Act(2059), Prixa may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Prixa will terminate access for Users who are repeat infringers.

    15.2 Notifying Prixa of Copyright Infringement:
    To provide Prixa notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of [email protected]. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

    15.3 Providing Prixa with Counter-Notification:
    If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Prixa with a counter notification by written communication to the attention of "Trust and Site Security" at [email protected]. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
    Please note that Sections 16, 17 and 18 below contain terms and conditions that apply to specific Services and they are part of this Agreement if you are purchasing or using any of those specific Services or packages that include such Services (Sections 16 and 17 govern use of Standard Search and sections 16, 17 and 18 govern use of Search Pro).