Acknowledgement and Acceptance
Welcome to our website. Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Site, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. The information contained on the Websites is subject to change without notice. If you are a regular Linkedhill visitor and/or member please check these Terms regularly.
Access to this Website
In these terms and conditions, the Site refers collectively to all digital products and services offered by us, including any mobile applications regardless of how you choose to access them. Uses of the Site include accessing, browsing or registering to use our Site.
We do not warrant that the Site, or any content on it, will operate error-free or that the Site and its server are free of computer viruses and other harmful elements We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
On this website we provide an interactive environment in which users who are interested in learning about our property services or registering interest in our property services may find such information and, if they choose to do so, register their interest.
If you register with us, we will issue you with a confidential user name and password to access the information and services contained on this website. You should ensure that you do not divulge your user name and password to any other person.
In addition, you agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
Your Obligations and acceptable use
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
You must not:
(i) use any other person’s name, user identification or password when accessing or using this website, unless it is with our consent;
(ii) use the website to harm, abuse, harass, stalk, threaten, or otherwise offend others;
(iii) frame or mirror any part of the website without our written authorization;
(iv) interfere with, disrupt, or create an undue burden on the website;
(v) provide any information to us which is the confidential information or proprietary information of any other person;
(vi) use this website in any way which may be in breach of any laws, rules or regulations or may infringe any third-party rights;
(vii) knowingly transmit any virus or take any action which may interfere with the operation of this website.
Your relationship with other users of the website
• You are solely responsible for your interactions with other users through the website, including (but not limited to):
(i) Any material or information that is shared between you and any other user;
(ii) Any material or information that is posted to the website; and
(iii) Any transactions that are conducted or arranged through the website.
• You acknowledge that we have no obligation to monitor your (or any other user’s) use of the website, but we have the right to do so at any time for our own business purposes (including as necessary to assess your (or any other user’s) compliance with these Terms of Use, to protect the security and integrity of the website and the Linkedhill platform, or to comply with any law or government authority request).
• While we reserve the right to become involved in resolving disputes between you and other users where (and to the extent) we choose to do so, we are under no obligation to do so.
• We may, at our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:
(i) We may use and share your information with other users for this purpose; and
(ii) If we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.
Registration
• You are not required to register to use the Site. However certain features on the Site may only be available if you do register. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we reset your password which will send a prompt to your registered email address.
• When registering to use the Site, you may be requested to provide personal information such as your name, email address and date of birth. We will deal with your personal information in accordance with our privacy practices (Privacy policy).
• You may cancel your registration by notifying us at info@linkedhill.com and providing your user name.
• We may, without notice to you, review, modify or remove any material which you provide in our absolute discretion including where we believe it violates these Terms of Use.
• We may suspend or cancel your use of the Site and/or its Services, either temporarily or permanently, if you breach, or we reasonably believe you to have breached, any of these Terms of Use.
• The material provided, and views expressed by users are the materials of those users and are not ours.
Accounts and Membership
• Before you can access certain services available through the website, you must follow the prompts on the website to create an account and become registered as a member of the website.
The following types of accounts are available:
1. User Account:
If you are a prospective purchaser or renter, you can join the platform by directly registering through the website or by accepting an invitation from a real estate agent or referral partner (which may come in the form of an SMS or e-mail). Once you set up a user account, you can specify your unique match preferences for properties through your personal dashboard. You will be alerted when properties matching your preferences are listed on the platform.
2. Agent:
If you are a registered real estate agent, you can register on the platform by signing up through the website.
(i) All agents who are registered on the platform can act as Agent Assists for registered Buyers or Renters.
(ii) Agents will have the option to select additional services that they can provide to Buyers and Renters, such as Buyer Assist or Seller Assist.
(iii) Agents may only list properties on the platform and act as the Selling Agent for those properties:
(a) With the approval of their Agency Principal and the authority of the sellers; and
(b) If their agency has entered into a master agreement (and any other applicable terms required by Linkedhill) with Linkedhill (the Direct Agreements).
3. Agency Principal:
If you are the principal of a real estate agency, you may register as an Agency Principal and your account will have additional functionality that can be used to:
(i) Manage your agency’s presence on the platform (such as branding, agency logos, and business contact information); and
(ii) Track and manage the activities of Agents from your agency who are acting as Selling Agents for properties on the platform. This includes the right to withdraw properties that have been listed on the platform by Selling Agents from your agency. Agency Principals can also act as Agent Assists and Selling Agents in the same way as other Agents.
• Depending on the type of account that you register for, you may be required to enter into additional terms and conditions in order to use the Linkedhill platform (or certain features within the platform). We will make these available to you as part of the registration process, or at the time when you use the relevant feature.
• Without limiting clause, we may suspend or terminate any user’s account at any time at our sole discretion without liability to the user.
• If we need to send you any notices in writing, we may send these notices to you by e-mail or post using the contact details you have provided in your membership information.
• Users, Agents, and Agency Principals can terminate their membership on the platform whenever they like by sending an e-mail to at info@linkedhill.com
• If an Agent or Agency Principal terminates their account on the platform, this does not affect any accrued rights or obligations under the Direct Agreements between the agency and Linkedhill.
• If you use the platform to invite or contact any person to join the website, you warrant that you have all consents required by law to send such communications and that the sending of such messages will not infringe any laws.
• When creating an account, you will be asked to choose a password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account, whether or not access is authorized by you.
• Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username, or password of another member of the website at any time and must not disclose your account password to any third party.
• You must notify us immediately if you suspect any unauthorized use of your account or access to your password.
Third Party Content, Products and Services
Third Party Content
You acknowledge that, despite the prohibitions above, Content posted on the Site by other end users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk.
Third Party Web sites
Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third-party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.
The User agrees that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.
Change of Information, Products and Services
Information, products and services published on this website are subject to change without notice.
Accuracy of information
(a) All Services are provided in good faith. We derive our information from sources which we believe to be accurate and up-to-date. We nevertheless:
(i) Some of the information on the Site may be provided by third parties, including, for example, sales information, price guides, descriptions and photographs of properties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete, or that your access to that information will be uninterrupted, timely or secure;
(iii) do not give you any assurances that any information contained in the Services will meet your requirements or be suitable for your purposes;
(iv) reserve the right to update any information contained in the Services at any time; and
(v) do not accept responsibility for loss suffered as a result of your reliance on the accuracy of information contained in the Services.
(b) Some of the information on our Website or associated applications may be provided by third parties. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
© Third Party Data is provided to You without taking into account the objectives, financial situation or needs of any individual. You are advised not to rely on the Third-Party Data in any way as the basis for entering into any commercial, financial or other transaction. Before making any investment decision, an individual should consider the appropriateness of the advice to their circumstances, and obtain specific financial, legal and taxation advice.
(d) The material provided, and views expressed by other users of the Services are the materials of those users and are not ours.
Information provided to us
You may at your discretion provide information to us in order to receive information about us, the products or services displayed on this website, to receive information relating to our property services and listings or to be involved in promotions or other activities undertaken by us. If you do so, you agree that any such information becomes our property and may be used by us or others, reproduced, published, transmitted, displayed modified or distributed at our discretion, subject to our obligations under our Privacy Statement.
Copyright
All contents of this website, including the software, design, text and graphics are owned by or licensed to us and are protected by copyright under the laws of Nepal and other countries. Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.
Trademarks
This web site includes trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks with out our consent.
Disclaimer
• The information provided on this Site is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
• The material on this website and other Linkedhill Sites is not and should not be regarded as legal, financial or real estate advice. Users should seek their own legal, financial or real estate advice where appropriate. Every effort is made to ensure that the material is accurate and up to date. However, we do not guarantee or warrant the accuracy, completeness, or currency of the information provided.
• You should make your own inquiries and obtain independent professional advice tailored to your specific circumstances before making any legal, financial or real estate decisions.
Limitation of liability
To the extent that the law allows:
(i) We (including our officers, employees, agents and members) are not liable for any loss or damage including loss of data and/or profits, however caused (including by negligence), which you may directly or indirectly suffer in connection with your use of the Linkedhill Sites or your reliance on any information contained on them;
(ii) Any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
Indemnity
You agree to indemnify us and our partners, agents, officers, employees and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses connected due to or arising out of:
(i) use of the Site;
(ii) breach of these Terms of Use;
(iii) any breach of your representations and warranties set forth in these Terms of Use;
(iv) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(v) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Resolving Disputes
If there a dispute arise between you and Linkedhill, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by emailing at info@linkedhill.com or by sending an email through the “Contact Us” section of our website.
If your dispute cannot be resolved using our customer service team, the top management team will take initiative role in order to resolve the disputes and if the issues are still not solved, we will find you the alternative ways for resolution in your favour if applicable.
Termination
If in our reasonable opinion you fail to comply with any of these terms and conditions of use of this website, we may terminate or limit your access to this website.
Governing Law
Any legal issues arising out of the use of this website will be governed by the laws of the Government of Nepal and by using this website you submit to the jurisdiction of the courts of that state.
Entire Terms
The provisions and conditions of these Terms, and each obligation referenced here, represent the entire Terms and Agreement between Linkedhill, its affiliated or related entities, and you, and supersede any prior agreements or understandings not contained here. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the terms of the most recently published Terms shall govern.