A. INTRODUCTION
Welcome to providhy.com also hereby known as “we”, “us” or “Providhy”.
This is a legally binding agreement between you (either an individual or a single entity) referred to herein as “You” and Vidhypro Crafts Pvt. Ltd. (hereinafter referred to as “Providhy”). This web-based software entitled Providhy and all documents and materials included in it are referred to herein as the “Software” or “Documents”. Subscribing, opening, signing up, logging in or using all or any portion of this web-based software indicates your acceptance of all the terms and conditions stated hereunder “Terms” and that this agreement is equivalent to a written agreement signed by You. By selecting the box “I AGREE” or performing a similar electronic function, such as Signing Up to a Free Trial or Subscribing this product, you are providing your acceptance of the terms of this Agreement. This Agreement is enforceable against you and any legal entity that obtained the web-based software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this Software.
It is illegal and strictly prohibited to distribute, publish, offer for sale, license or sublicense, give or disclose to any other party, this Software or the Documents in hard copy, digital form or any other medium whether existing or not yet existing, except as specifically permitted below.
Providhy reserves the right to change, modify, add, or remove portions of this TERMS at any time without any prior notification. Changes will be effective when posted on the website with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the website/software following the posting of changes to this TERMS of use constitutes your acceptance of those changes.
B. CONDITIONS OF USE
1. YOUR ACCOUNT
To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Software and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access to the Software and/or use of any services offered by the Software (whether you authorize such access or use or not). You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Software through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real-time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Software, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Software, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused to you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
2. PAYMENT TERMS
Providhy is sold as a Software-as-a-Service (SaaS) and requires you to have a valid membership subscription with us upon payment of the Service Fee specified in pricing . All prices are listed in Nepalese Rupees and are exclusive of VAT (if applicable) and are listed as per the product components of the Software.
We accept payment using a valid payment method under the laws of Nepal. Your subscription will renew automatically at the end of the subscription term unless you expressly opt out from automatic renewal or cancel your membership at least 30 days prior to the end of the subscription term. You can update your payment method, manage your subscription or cancel at any time by visiting the Billing page under your user account.
By purchasing this Software, you agree to enroll in our automatic renewal service. This keeps your products up and running, automatically charging the current renewal fees to your payment method on file, with no further action on your part.
a) Account cancellation policy
Once a user submits a request for cancellation, no additional charges will be made. However, no refunds are provided upon cancellation. If you cancel before an upcoming renewal date, you will have access to your Account through the end of the then-subscription period.
b) Cancellation of automatic renewal
SSubscription purchased through the Providhy will renew automatically at the end of the term. You are charged prevailing fee at the beginning of each subscription period and a confirmation notice is sent to your account administrator. Similarly, notification of upcoming renewal is sent to the account administrator at least 7 days before renewal. If you wish to turn off the automated renewal, you can do so any time from your online account under the My Account/Billing page.
c) Free trial
Providhy, at its sole discretion, but without any obligation to do so, may offer a free trial version of the Software from time to time that may allow new user to preview or use Providhy under limitations of features and functionalities applied by us for a certain period, free of cost to the user. You need to purchase and activate the software in order to be able to use the software with full features and functionalities offered in that software subscription. In the event you choose not to purchase and activate the software, Providhy is not obliged whatsoever to safe keep your data/records upon expiration of free trial.
d) Failed renewal & account suspension
If You fail to renew your account for any reason within the time frame specified on the Software, Your account shall be suspended until You renew the subscription. Providhi shall provide a notice detailing the reasons for the failed renewal to You. Providhi shall retain your data for a grace period of 30 days, during which you may reinstate the subscription by completing the renewal process.
3. LIMITED LICENSE
You are granted a limited, non-exclusive, non-transferable subscription to access the Software online with your personal user account, for your own use, provided that your use does not render the Software accessible to other users through local or Internet networks or other methods. Only the individuals who are provided with a user account, as indicated by the user information provided to Providhy, will have the license to access the Software. Use by any other person, company, affiliate, corporation, or other separate legal entity will require a separate subscription. This includes companies that may be affiliated with You by ownership or otherwise. The license granted herein shall remain in effect for the duration of your membership subscription but shall terminate upon your use of the Software beyond the scope licensed herein or upon your violation of any terms or conditions hereof.
All protections with which Providhy is provided under this TERMS shall survive the termination of your license to use the Software.
4. PROPRIETARY RIGHTS
Providhy and its suppliers retain all title, ownership, and intellectual property rights in the Software, including but not limited to all supporting documentation, files, marketing material, images, multimedia, and applets. The Software is protected by copyright and other intellectual property laws and by international treaties. The Software may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Providhy permits you to use or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this TERMS. The use of third-party material included in the Software may be subject to the terms and conditions typically found in the party’s own license agreement.
5. CONTINUED AVAILABILITY
We will do our utmost to ensure that access to the Software is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Software, this cannot be guaranteed. Additionally, your access to the Software may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
6. YOUR UNDERTAKINGS
You agree and undertake to perform the following activities:
(i) comply with all the terms and conditions described herein or any other guidelines and policies related to the use of the Software;
(ii) not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(iii) not to or attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Software;
(iv) not to use the Software for illegal purposes;
(v) comply with and maintain all required pre-requisites for the running of the Software as described in the details during subscription;
(vi) ensure that all the information or data entered into the Software are true; and
(vii) not to use or upload, in any way, any software or material that contains, or which you have reason to suspect contains, viruses, damaging components, malicious code or harmful components that may impair or corrupt the Software’s data or damage or interfere with the operation of another user’s computer or mobile device or the Software and use the Software other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
7. SUPPORT
Providhi shall provide support services in accordance with the support plans that You have subscribed to. The support services shall include, which shall be set out in the support plan in the Software, regular maintenance and operational support of the Software such as troubleshooting and correction of problems through communication lines.
8. CONFIDENTIALITY
Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes, or procedures or any other confidential, financial, or business information of the other party which it learns during the course of its performance of this TERMS, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this TERMS. The Software contains trade secrets and proprietary know-how that belong to Providhy and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THESE TERMS, MAY BE ACTIONABLE AS A VIOLATION OF PROVIDHY’S INTELLECTUAL PROPERTY RIGHTS.
9. NON-TRANSFER OF RIGHTS
You may not rent, lease, sell, sublicense, assign or transfer your rights in the software, or authorize any portion of the Software to be copied onto another individual or legal entity’s computer.
10. RESTRICTIONS
You may not:
(i) modify or create any derivative works of the Software or documentation, including customization, any modifications or enhancements, translation or localization without Providhy’s express written consent;
(ii) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Software or the underlying ideas or algorithms of the Software;
(iii) attempt to gain unauthorized access to Documents, Providhy servers or any other service, account, computer system or network associated with the Software or with Providhy, its affiliates, agents, partners and customers;
(iv) remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Software;
(v) block, disable, or otherwise affect any advertising, banner window, tab, link to websites and services, or other features that are part of the Software;
(vi) incorporate, integrate or otherwise include the Software or any portion thereof into any software, program or product;
(vii) provide false information when registering or during the course of using the Software;
(viii) digitally transmit or make available the Software or its content through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Software onto a server so that it is accessible via a public network such as the Internet;
(ix) use the Software in any way that violates this TERMS or any law; or
(x) authorize or assist any third party to do any of the things described in this section.
11. CONTENT RESTRICTIONS
We are not responsible for the content of the Software’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
(i) Unlawful or promoting unlawful activity.
(ii) Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
(iii) Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
(iv) Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
(v) Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
(vi) Impersonating any person or entity including the Providhy and its employees or representatives.
(vii) Violating the privacy of any third person.
(viii) False information and features.
Providhy reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Providhy further reserves the right to make formatting and edits and change the manner of any Content. Providhy can also limit or revoke the use of the Service if You post such objectionable Content. As Providhy cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Providhy be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
12. CONTENT BACKUPS
Although regular backups of Content are performed, Providhy does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Providhy will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Providhy has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
13. PUBLICITY
You shall not refer to the existence of this TERMS in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of Providhy.
14. SOFTWARE UPDATES
Providhy may update the Software and/or any of its components at any time at its sole discretion. By using the Software, you consent to receive software updates, modifications, and/or patches that address issues such as security, interoperability, and performance. Your use of the updates shall be governed by this TERMS unless you are asked to agree to a new TERMS at the time of download or installation.
15. PRIVACY
SOFTWARE IMPROVEMENT PROGRAM. By participating in the Providhy Software Improvement Program, you allow Providhy to collect anonymous information relating to your use of the Software, such as the frequency of your use of the Software and of certain features, and information on errors occurring during your use of the Software. This anonymous usage data will be used to diagnose performance issues and improve the reliability of the Software and its features. This data will not be tied to any information that would personally identify you.
PERSONAL INFORMATION. During the installation process, or at some time thereafter, you may be asked to provide certain information that will be used to personalize certain Documents, send you Providhy information via email or mail, and customize some information presented to you through the Software. Both personal and non-personal information collected by the Software is safeguarded according to the market standard privacy and data protection and will not be shared or given without your consent as described in our Privacy Policy available at Privacy Policy .
16. TRADEMARKS AND COPYRIGHTS
Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any service that does not belong to us or in any manner that is likely to confuse customers, or in any manner that disparages or discredits us. All other trademarks that appear on this website/software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the website/software, information content on the website/software and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the website/software also are protected by copyright as a collective work under Nepalese copyright laws and international conventions. All rights are reserved.
17. Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Providhy.
Providhy has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Providhy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
18. LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY LAW, PROVIDHY AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. PROVIDHY'S LIABILITY UNDER THESE TERMS IS LIMITED TO CURING THE DEFECT OF THE SOFTWARE.
19. DISCLAIMER OF WARRANTY
YOU ACCEPT THE SOFTWARE “AS IS” AND WITH ALL FAULTS (IF ANY). PROVIDHY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDHY MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT OF THE SOFTWARE AND YOUR USE OF THE SOFTWARE, OR THE SUITABILITY OF THE SOFTWARE TO MEET YOUR SPECIFIC NEEDS.
Providhy makes no warranties with respect to the Software as described above and as such, there should be no reason for you to bring any grievance against Providhy. However, if you do bring any action, claim, suit, threat or demand against Providhy, and you do not substantially prevail, you shall pay Providhy’s entire attorney fees and costs attached to such action. In the same token, if Providhy is forced to take legal action to enforce this TERMS or any of its rights described herein or under laws of Nepal, you will pay Providhy’s attorney fees and costs.
20. VIOLATIONS OF THIS TERMS
Providhy reserves for all rights not specifically granted to you above. Providhy will have the right to proceed against you in the event that you infringe against Providhy’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that Providhy’s damages in the event of your violation of this TERMS will be substantial and that Providhy will suffer irreparable harm in such event. As such, Providhy shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
21. TERMINATION
Providhy shall have the sole and exclusive right to immediately terminate this TERMS and suspend your license to use the Software should you fail to perform any obligation required under this TERMS, engage in activity that Providhy deems harmful to its well-being or if you become bankrupt or insolvent. This TERMS takes effect upon your registration of the Software and remains effective until terminated.
Upon any termination of this Agreement, you shall immediately cease all access to, and use of the Software and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Software in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Providhy shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the website/software or with any terms, conditions, rules, policies, guidelines, or practices in operating the Software, your sole and exclusive remedy is to discontinue using the Software.
22. WAIVER & SEVERABILITY
Providhy's waiver of any breach of this TERMS shall not constitute an amendment to this TERMS or Providhy's waiver of subsequent breaches. If any part of this TERMS is found void and unenforceable, it will not affect the validity of the balance of this TERMS, which will remain valid and enforceable according to its terms.
23. ELECTRONIC NOTICES
You consent that Providhy may provide you with information and notices regarding the Software and Providhy via the email address you designate when subscribing the Software or thereafter. Providhy may provide notices to you via (i) email if you have provided Providhy with a valid email address, or (ii) by posting the notice on the website/software which Providhy owns and operates. You may withdraw your consent for electronic notices.
24. AMENDMENTS
Providhy reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the Software, Providhy’s website or this TERMS. No course of dealing or trade usage shall be deemed to amend the terms of this TERMS.
25. GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions are governed by and construed in accordance with the laws of the Federal Democratic Republic of Nepal.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Providhy. You agree, as we do, to submit to the exclusive jurisdiction of the courts of Nepal.
26. ENTIRE AGREEMENT
This is the entire TERMS between Providhy and you relating to the Software and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Software.
27. CONTACT US
You may contact us here https://www.providhy.com/contact-us