Terms and Conditions

This Terms of Service Agreement ("Agreement") is a legal contract between you (the user of NepState's website, mobile application, and services) and NepState LLC ("NepState," "we," "our," or "us"). By accessing or using NepState’s website, mobile app, and services (collectively referred to as the "Site," "App," and "Services"), you agree to comply with and be legally bound by these Terms.

Scope of Agreement

This Agreement governs all access and use of the Site, App, and Services, whether via a browser, mobile app, or any other access method. It applies to all services provided, including but not limited to: browsing, creating an account, posting content, making purchases, or engaging in any other activities on NepState's platforms. By using the Site, App, or Services, you confirm that you have read, understood, and agreed to these Terms. If you disagree with any terms, you should immediately stop using the Site, App, or Services.

Definitions

For clarity, the following definitions apply throughout this Agreement:

- "Site": Refers to NepState's official website located at nepstate.com, including any and all pages and features accessible via this domain.
- "App": Refers to the NepState mobile application, downloadable from official app stores, and includes all associated pages and features of the App.
- "Services": All products, services, tools, or features offered through the Site and App, including transactions between users, the ability to post or interact with content, use marketplaces, etc.
- "User Account": A unique profile created by a user to access personalized features of the Site, App, and Services.
- "Consumer": A user of the Site or App who purchases or utilizes services or products offered by a Provider.
- "Provider": A user who offers products or services for sale or exchange on the Site or App.

Agreement Acceptance

By using the Site, App, or Services, you agree to these Terms and any additional policies incorporated herein. Any violations of these Terms could result in the termination of your access to the Site or Services.

- Modification of Terms: NepState reserves the right to amend, modify, or update these Terms of Service at any time. Updates will be posted on the Site or App, and any such updates will be effective immediately upon publication. You are responsible for reviewing these Terms periodically to ensure you remain in compliance.

- Notice of Changes: While NepState will attempt to notify you of material changes (via email or notifications within the Site or App), it is ultimately your responsibility to review these changes. Continued use of the Site or Services after modifications signifies your acceptance of the revised Terms.

Eligibility

The Site, App, and Services are only available to individuals who meet the following criteria:

- Age Requirement: You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Site, App, and Services.
- Legal Capacity: By using the Site or App, you represent and warrant that you have the legal capacity to form a binding contract and comply with these Terms.
- Jurisdictional Compliance: If you are located in a jurisdiction that imposes restrictions on access to online platforms, it is your responsibility to ensure that you are in compliance with local laws.

Privacy Policy and Data Usage

NepState values your privacy. The collection, use, and disclosure of your personal data are governed by NepState’s Privacy Policy, which is incorporated into these Terms. This includes, but is not limited to:

- Data Collection: We collect personal information such as name, email address, payment details, and device data to provide and improve the Services.
- Global Compliance: NepState complies with major international data protection regulations, including the General Data Protection Regulation (GDPR) for users in the EU, California Consumer Privacy Act (CCPA) for users in California, and Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) for Canadian users.
- Canada (PIPEDA Compliance): Users in Canada are entitled to request access to their personal data, and NepState ensures that data is collected, stored, and used in compliance with PIPEDA, including obtaining consent before collecting sensitive information.
- Maryland Compliance: In accordance with the Maryland Personal Information Protection Act (PIPA), NepState ensures that reasonable security measures are in place to protect your personal data. In the event of a data breach affecting Maryland residents, NepState will notify users in compliance with PIPA.
- Data Retention: We retain your data only for as long as necessary to fulfill the purposes for which it was collected or as required by law. You have the right to request deletion of your personal information, subject to legal constraints.
- Data Sharing: Your personal data may be shared with trusted third-party service providers, such as payment processors or hosting providers, for operational purposes. We do not sell your personal data to third parties.
- Security: NepState employs industry-standard security practices to protect personal data but cannot guarantee absolute security. You agree to use the Services responsibly to protect your data.

Description of Services

NepState provides a platform for Consumers to connect with Providers. The Services include, but are not limited to:

- Marketplaces: A digital marketplace where Consumers can browse and purchase products and services from Providers.
- User Interactions: The ability for Consumers to rate Providers, post reviews, and interact with other users regarding transactions and services.
- Tools and Resources: Additional features provided for transaction processing, customer support, and communication between users.

NepState does not directly sell or provide products or services but acts solely as a facilitator for interactions between Consumers and Providers.

User Accounts and Responsibilities

To access certain features of the Site or App, you must create a User Account. When you create an account, you agree to the following:

- Accurate Information: You must provide accurate, current, and complete information when creating your User Account and maintain the accuracy of that information.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials. Any unauthorized use of your account should be reported to NepState immediately.
- Access Restrictions: Your account is non-transferable and should not be shared with others.

NepState reserves the right to suspend or terminate your account if any of the information you provide is false, inaccurate, or violates these Terms.

Payments and Fees

NepState charges fees for certain Services, such as listing ads or premium features. When using paid features, you agree to the following:

- Payment Methods: Payment is processed through third-party vendors such as PayPal, Stripe, and other payment processors.
- Refunds: Payments made for services are final, except in cases where NepState fails to fulfill its obligations or in case of system errors.
- Maryland Consumer Protection: In accordance with the Maryland Consumer Protection Act (CPA), Maryland consumers are entitled to a refund, replacement, or repair if the product or service is defective or not as described. Consumers are entitled to return goods within 15 days of purchase if they are faulty or do not meet expectations.
- Taxes: You are responsible for any applicable taxes, duties, or fees associated with your transactions.

Content Ownership and License

You retain ownership of any content you upload to the Site or App. However, by submitting content, you grant NepState the following rights:

- License: A worldwide, royalty-free, perpetual, transferable license to use, modify, distribute, and display your content.
- Indemnity: You agree that any content you submit will not infringe on any third-party intellectual property rights and you indemnify NepState from any related claims.

Once submitted, content may be publicly available and can be shared, displayed, and modified by NepState as part of the Services.

Prohibited Activities

You agree not to engage in the following activities:

- Illegal Content: Posting content that violates any applicable law, including fraud, harassment, or defamation.
- Harmful Activities: Disrupting the operations of the platform through hacking, uploading viruses, or engaging in malicious activities.
- Misleading Representations: Impersonating other users or misrepresenting your affiliation with NepState.

Any violation will result in the immediate suspension or termination of your account, as well as potential legal action.

Dispute Resolution and Arbitration

In case of a dispute, both Parties agree to resolve disputes through binding arbitration instead of litigation. The arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (JAMS) in accordance with its rules.

- Arbitration Location: The arbitration will occur in Frederick, Maryland.
- Arbitration Fees: Costs of arbitration will be shared equally between both Parties, with the prevailing Party entitled to recover fees as permitted by law.

For Maryland Residents: Any disputes arising from these Terms shall be resolved through binding arbitration in compliance with the Maryland Arbitration Act, and arbitration will be conducted in Maryland.

Limitation of Liability

NepState's liability for any damages, including but not limited to, indirect, incidental, or punitive damages, is limited to the amount you have paid to NepState in the last six (6) months preceding the claim.

- Exclusion of Liability: NepState is not liable for any damages arising from the use or inability to use the Services, including any loss of data, profits, or business interruption.

Termination and Suspension

NepState reserves the right to suspend or terminate your account and access to the Site or App for violations of these Terms.

- For Cause: This includes fraud, illegal activity, or other activities that disrupt the platform or harm other users.
- User-Initiated Termination: You may terminate your account by contacting NepState support, subject to the applicable cancellation terms.

Consumer Protection and Refunds

NepState is committed to complying with all consumer protection laws. If you are a Consumer, you may request refunds under specific conditions, such as product defects or system failures attributable to NepState.

- Cooling-Off Period: In compliance with applicable laws, you may have a 14-day cooling-off period during which you can cancel certain services without penalty.
- Refunds: Refunds will be issued when a service is not rendered as described or if an error occurs during payment processing.

In accordance with the Maryland Consumer Protection Act (CPA), Maryland consumers are entitled to a refund, replacement, or repair if the product is defective or not as described. Consumers are entitled to return goods within 15 days of purchase if they are faulty or do not meet expectations.

Intellectual Property Protection

NepState respects intellectual property rights and complies with relevant copyright laws.

- DMCA Compliance: NepState adheres to the Digital Millennium Copyright Act (DMCA) and will respond to notices of alleged copyright infringement. Users can submit claims to info@nepstate.com.
- Third-Party Content: NepState is not responsible for any content uploaded by users or third parties that may infringe on intellectual property rights.

Children’s Privacy

NepState does not knowingly collect personal information from children under 13 years old. If a parent or guardian believes that their child has provided personal data, they should contact NepState immediately for removal.

Jurisdiction and Governing Law

This Agreement is governed by the laws of the State of Maryland. Any disputes not resolved through arbitration will be handled by courts in Maryland, which have exclusive jurisdiction.

For Maryland residents, disputes will be resolved under the Maryland Arbitration Act, and arbitration will be conducted in Maryland.

Terms of Service – Business Listings

1. Business Listings on Nepstate

1.1 Public Information Usage
Nepstate creates business listings using publicly available information, including business name, address, phone number, and email. These details are collected from sources such as public directories, websites, and social media.

1.2 Account Creation & Email Verification
When a business is listed on Nepstate, an account is created using the business’s publicly available email. This ensures that the business owner or an authorized representative can claim and manage the listing by verifying the email address associated with the business.

1.3 Claiming Your Business
Once a listing is created, the business will receive an email containing a verification link. The business owner must verify their email to gain full control over their profile. This allows them to update business details, add promotions, and access additional features.

1.4 Unverified Listings
If a business does not verify its listing, the profile will remain visible on Nepstate with the publicly available information. However, only verified businesses can edit or manage their listings.

2. Business Rights & Removal Requests

2.1 Opting Out / Requesting Removal
Businesses have the right to request removal from Nepstate if they do not wish to be listed. To request removal, business owners can reply to the listing notification email or contact our support team at [Support Email]. Removal requests will be processed within [X] business days.

2.2 Updating or Modifying Business Listings
If any information is incorrect or outdated, businesses can update their details by claiming their listing and modifying their profile. If a business prefers not to claim the listing but wants to correct the information, they may contact Nepstate support with the requested changes.

3. Compliance & Legal Considerations

3.1 No Unauthorized Access
Nepstate does not access, modify, or use business emails for any purpose other than sending business listing notifications, verification emails, and essential service updates. Nepstate does not have access to business email inboxes, nor does it create passwords on behalf of businesses.

3.2 Spam Compliance
Nepstate complies with email marketing laws, including CAN-SPAM, GDPR, and CCPA where applicable. Businesses can unsubscribe from non-essential emails at any time by clicking the “Unsubscribe” link in the email or contacting support.

3.3 Liability Disclaimer
Nepstate provides business listings as a public service and does not guarantee the accuracy of information retrieved from external sources. Businesses are responsible for verifying and maintaining their own listings. Nepstate is not responsible for any damages or claims arising from incorrect or outdated information displayed on its platform.