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Terms of Service

Last updated: 1 January 2025

1. Acceptance of Terms

By accessing or using the NepCanberra website and services (“the Platform”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and all applicable Australian laws and regulations. If you do not agree to these Terms, you must immediately cease using the Platform.

These Terms constitute a legally binding agreement between you and NepCanberra (“we”, “us”, or “our”), the operator of the Platform. We may update these Terms from time to time. Continued use of the Platform after any changes constitutes acceptance of the revised Terms. We will notify users of material changes by email or in-app notice where reasonably practicable.

2. About NepCanberra

NepCanberra is an online business directory that connects members of the Nepali community in Canberra, ACT, with Nepali-run businesses and service providers. We operate as a listing and discovery platform only.

NepCanberra is not an agent, endorser, guarantor, or representative of any business or service listed on the Platform. We do not verify, warrant, or guarantee the quality, legality, safety, or accuracy of any business, product, or service listed. Any dealings between you and a listed business are solely between you and that business.

3. Eligibility

By using the Platform, you confirm that you are:

  • At least 18 years of age; and
  • Legally capable of entering into binding contracts under Australian law.

Businesses listed on the Platform must be lawfully operating in Australia. You must not use the Platform if you are prohibited from doing so under any applicable law.

4. User Obligations

When using the Platform, you agree to:

  • Provide accurate, current, and complete information at all times.
  • Keep your account credentials secure and not share them with any third party.
  • Use the Platform only for lawful purposes and in accordance with these Terms.
  • Not engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  • Not attempt to gain unauthorised access to any part of the Platform, its servers, or any data connected to it.
  • Not use automated tools, scrapers, bots, or scripts to access, extract, or collect data from the Platform without our prior written consent.
  • Not send unsolicited commercial communications (spam) to other users.
  • Not impersonate any person or entity or falsely represent your affiliation with any person or entity.
  • Not post or transmit any content that infringes the intellectual property rights of others.

5. Business Listings

If you submit a business listing, you warrant and represent that:

  • All information provided is accurate, complete, and not misleading.
  • You are authorised to list the business and to grant us the licences described in these Terms.
  • The business is lawfully operating in Australia.
  • All photos and content submitted do not infringe any third-party rights.
  • You will promptly update your listing if any information changes.

All listings are subject to admin approval before going live. We reserve the right, at our sole discretion, to reject, remove, or suspend any listing at any time and for any reason, including (without limitation) where the listing violates these Terms, contains misleading information, or is otherwise inappropriate.

Where a listing is rejected, we will endeavour to provide a reason. Rejection of a listing does not create any liability on our part.

You must not submit more than one listing per business. Duplicate listings may be removed without notice.

6. Reviews and User Content

Users may submit reviews and other content (“User Content”) on the Platform. By submitting User Content, you:

  • Warrant that the review is based on your genuine first-hand experience with the business and is truthful and not misleading.
  • Warrant that the content does not infringe any third-party rights (including intellectual property rights) and complies with all applicable laws, including the Australian Consumer Law provisions on misleading conduct.
  • Grant NepCanberra a non-exclusive, royalty-free, worldwide, perpetual licence to use, display, reproduce, and distribute the content on the Platform and in connection with our services.
  • Acknowledge that we may remove any User Content at our discretion, including content we reasonably consider to be false, defamatory, spam, or in breach of these Terms.

You retain ownership of your User Content. We do not claim ownership of content you submit.

Submitting false or fabricated reviews is prohibited and may expose you to legal liability under Australian Consumer Law.

7. Intellectual Property

All content on the Platform — including the NepCanberra name, logo, design, software, text, and graphics — is owned by or licensed to NepCanberra and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from the Platform without our prior written consent, except as expressly permitted under these Terms or applicable law.

If you believe content on the Platform infringes your intellectual property rights, please contact us at legal@nepcanberra.com.au.

8. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other non-excludable consumer guarantee, right, or remedy under any Commonwealth, state, or territory law. Where such rights apply, our liability is limited to the maximum extent permitted by law.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • The Platform is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • NepCanberra is not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of or inability to use the Platform.
  • NepCanberra is not liable for the conduct, acts, omissions, or representations of any business listed on the Platform, or for any transactions between you and a listed business.
  • NepCanberra is not liable for any inaccuracy in business listing information, including incorrect contact details, business hours, or service descriptions.
  • Our total aggregate liability to you for any claim arising from or related to these Terms or the Platform shall not exceed AUD $100.

Nothing in this clause limits liability that cannot be excluded under the Australian Consumer Law or any other applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless NepCanberra and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, your User Content, or your breach of these Terms.

11. Account Suspension and Termination

We may, at our sole discretion, suspend or terminate your account and access to the Platform at any time and without notice if we reasonably believe you have breached these Terms or if required by law.

You may delete your account at any time by contacting us at legal@nepcanberra.com.au. Deletion is subject to our data retention obligations under applicable law.

Clauses relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

12. Third-Party Links

The Platform may contain links to third-party websites (including business websites and social media profiles). These links are provided for convenience only. We have no control over, and accept no responsibility for, the content or practices of any third-party website. Accessing third-party links is at your own risk.

13. Privacy

Your privacy is important to us. Please review our Privacy Policy, which forms part of these Terms, to understand how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes — for example by email or an in-app notification — where practicable. The updated Terms will be posted on this page with a revised “Last updated” date. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Australian Capital Territory and the Commonwealth of Australia. You and NepCanberra submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and the Federal Court of Australia.

Before commencing any legal proceedings, you agree to contact us at legal@nepcanberra.com.au to attempt to resolve any dispute in good faith. This does not limit your rights under the Australian Consumer Law or any other applicable law.

16. Contact Us

If you have any questions about these Terms, please contact us: