Terms and Conditions
Please read the Terms and Conditions carefully before using Ghumtiz.com.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. INTRODUCTION
Welcome to Ghumtiz.com.np also hereby known as “we",
"us" or "Ghumtiz". We are an online marketplace and these
are the terms and conditions governing your access and use of Ghumtiz along
with its related sub-domains, sites, mobile app, services, and tools (the
"Site"). By using the Site, you hereby accept these terms and
conditions (including the linked information herein) and represent that you
agree to comply with these terms and conditions (the "User
Agreement"). This User Agreement is deemed effective upon your use of the
Site which signifies your acceptance of these terms. If you do not agree to be
bound by this User Agreement please do not access, register with, or use this
Site. This site is owned and operated by Ghumtiz.com
The Site reserves the right to change, modify, add, or remove portions of these
Terms and Conditions at any time without any prior notification. Changes will
be effective when posted on the Site with no other notice provided. Please
check these Terms and Conditions regularly for updates. Your continued use of
the Site following the posting of changes to Terms and Conditions of use
constitutes your acceptance of those changes.
2. CONDITIONS OF USE
A. 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 Site 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 of
the Site and/or use of any services offered by the Site (whether such access or
use are authorized by you or not). You agree that we shall be entitled (but not
obliged) to act upon, rely on, or hold you solely responsible and liable in
respect thereof as if the same were carried out or transmitted by you. 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 Site 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 Site, 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 Site, 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 by 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.
B. PRIVACY
Please review our Privacy Agreement, which also governs your visit to the Site. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.
C. PLATFORM FOR COMMUNICATION
You agree, understand, and acknowledge that the Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the sellers on our Site while the payment processing occurs between you, the service provider, and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.
D. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site 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.
E. LICENSE TO ACCESS THE SITE
We require that by accessing the Site, you confirm that
you can form legally binding contracts and therefore you confirm that you are
at least 18 years of age or are accessing the Site under the supervision of a
parent or legal guardian. We grant you a non-transferable, revocable, and
non-exclusive license to use the Site, in accordance with the Terms and
Conditions described herein, for the purposes of shopping for personal items
and services as listed to be sold on the Site. Commercial use or use on behalf
of any third party is prohibited, except as explicitly permitted by us in
advance. If you are registering as a business entity, you represent that you
have the authority to bind that entity to this User Agreement and that you and
the business entity will comply with all applicable laws relating to online
trading. No person or business entity may register as a member of the Site more
than once. Any breach of these Terms and Conditions shall result in the
immediate revocation of the license granted in this paragraph without notice to
you.
Content provided on this Site is solely for informational purposes. Product
representations including price, available stock, features, add-ons, and any
other details as expressed on this Site are the responsibility of the vendors
displaying them and are not guaranteed as completely accurate by us. Submissions
or opinions expressed on this Site are those of the individual(s) posting such
content and may not reflect our opinions.
We grant you a limited license to access and make personal use of this Site,
but not to download (excluding page caches) or modify the Site or any portion
of it in any manner. This license does not include any resale or commercial use
of this Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site or its contents; any
downloading or copying of account information for the benefit of another
seller; or any use of data mining, robots, or similar data gathering and
extraction tools.
This Site or any portion of it (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed, or otherwise exploited
for any commercial purpose without express written consent by us as may be
applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form)
without our express written consent. You may not use any meta tags or any other
text utilizing our name or trademark without our express written consent, as
applicable. Any unauthorized use terminates the permission or license granted
by us to you for access to the Site with no prior notice. You may not use our
logo or other proprietary graphic or trademark as part of an external link for
commercial or other purposes without our express written consent, as may be
applicable.
You agree and undertake not to perform restricted activities listed within this
section; undertaking these activities will result in immediate cancellation
of your account, services, reviews, orders, or any existing incomplete
transaction with us and in severe cases may also result in legal action.
F. YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders, or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged, or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for;
i. Fraudulent purposes, or in connection with a criminal
offense or other unlawful activity to send, use or reuse any material that does
not belong to you; or is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism, bigotry,
hatred or physical harm), deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or
menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; or is otherwise injurious to third parties; or relates to or promotes
money laundering or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity, integrity, security or
sovereignty of Nepal or friendly relations with foreign States; or objectionable
or otherwise unlawful in any manner whatsoever; or which consists of or
contains software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings or any "spam”.
ii. To cause annoyance, inconvenience, or needless anxiety.
iii. Any other purposes that are other than what is intended by us.
G. YOUR SUBMISSION
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
H. CLAIMS AGAINST OBJECTIONABLE CONTENT
We list thousands of products for sale offered by
numerous sellers on the Site and host multiple comments on listings, it is not
possible for us to be aware of the contents of each product listed for sale, or
each comment or review that is displayed. Accordingly, we operate on a
"claim, review, and takedown" basis. If you believe that any content
on the Site is illegal, offensive (including but not limited to material that
is sexually explicit content or which promotes racism, bigotry, hatred or
physical harm), deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or
menacing; ethnically objectionable, disparaging; or is otherwise injurious to
third parties; or relates to or promotes money laundering or gambling; or is
harmful to minors in any way; or impersonates another person; or threatens the
unity, integrity, security or sovereignty of Nepal or friendly relations with
foreign States; or objectionable or otherwise unlawful in any manner
whatsoever; or which consists of or contains software viruses, ("
objectionable content "), please notify us immediately by following by
writing to us on [email protected]. We will make all practical endeavors to
investigate and remove valid objectionable content complained about within a
reasonable amount of time.
Please ensure to provide your name, address, contact information, and as many
relevant details of the claim including name of objectionable content party,
instances of objection, proof of objection amongst others. Please note that
providing incomplete details will render your claim invalid and unusable for
legal purposes.
I. CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property of others. If you
believe that your intellectual property rights have been used in a way that
gives rise to concerns of infringement, please write to us at [email protected]
and we will make all reasonable efforts to address your concern within a
reasonable amount of time. Please ensure to provide your name, address, contact
information, and as many relevant details of the claim including name of
infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim
invalid and unusable for legal purposes. In addition, providing false or
misleading information may be considered a legal offense and may be followed by
legal proceedings.
We also respect a manufacturer's right to enter into exclusive distribution or
resale agreements for its products. However, violations of such agreements do
not constitute intellectual property rights infringement. As the enforcement of
these agreements is a matter between the manufacturer, distributor, and/or
respective reseller, it would not be appropriate for us to assist in the
enforcement of such activities. While we cannot provide legal advice, nor share
private information as protected by the law, we recommend that any questions or
concerns regarding your rights may be routed to a legal specialist.
J. TRADEMARKS AND COPYRIGHTS
Ghumtiz.com.np, Ghumtiz logo, घु for Ghumtiz
logo, Ghumtiz, Ghumtiz Fashion, Ghumtiz Basics and other marks indicated on our
Site are trademarks or registered trademarks in the relevant jurisdiction(s).
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
product or service that does not belong to us or in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits us. All other trademarks that appear on this Site 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
Site, information content on the Site 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
Site also are protected by copyright as a collective work under Nepali
copyright laws and international conventions. All rights are reserved.
K. DISCLAIMER
You acknowledge and undertake that you are accessing the
services on the Site and transacting at your own risk and are using your best
and prudent judgment before entering into any transactions through the Site. We
shall neither be liable nor responsible for any actions or inactions of sellers
nor any breach of conditions, representations or warranties by the sellers or
manufacturers of the products and hereby expressly disclaim and any all
responsibility and liability in that regard. We shall not mediate or resolve
any dispute or disagreement between you and the sellers or manufacturers of the
products.
We further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchantability, fitness for a
particular purpose, or legality of the products listed or displayed or
transacted or the content (including product or pricing information and/or
specifications) on the Site. While we have taken precautions to avoid
inaccuracies in content, this Site, all content, information (including the
price of products), software, products, services, and related graphics are
provided as is, without warranty of any kind. We do not implicitly or
explicitly support or endorse the sale or purchase of any products on the Site.
At no time shall any right, title, or interest in the products sold through or
displayed on the Site vest with us nor shall Ghumtiz have any obligations or
liabilities in respect of any transactions on the Site.
We shall neither be liable or responsible for any actions or inactions of any
other service provider as listed on our Site which includes but is not limited
to payment providers, installment offerings, warranty services amongst others.
L. INDEMNITY
You shall indemnify and hold harmless Ghumtiz as owned by
Ghumtiz.com, its subsidiaries, affiliates, and their respective officers,
directors, agents, and employees, from any claim or demand, or actions including
reasonable attorney's fees, made by any third party or penalty imposed due to
or arising out of your breach of these Terms and Conditions or any document
incorporated by reference, or your violation of any law, rules, regulations or
the rights of a third party.
You hereby expressly release Ghumtiz as owned by Ghumtiz.com and /or its
affiliates and/or any of its officers and representatives from any cost,
damage, liability, or other consequence of any of the actions/inactions of the
sellers or other service providers and specifically waiver any claims or
demands that you may have in this behalf under any statute, contract or
otherwise.
M. THIRD-PARTY BUSINESSES
Parties other than Ghumtiz and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and related terms and conditions.
N. COMMUNICATING WITH US
When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
O. LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
P. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Q. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
R. WAIVER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
S. TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site 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 Site 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 the Site 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 Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole, and exclusive remedy is to discontinue using the Site.
T. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Katmandu.
U. CONTACT US
You may reach us here
V. OUR SOFTWARE
Our software includes any software (including any updates
or upgrades to the software and any related documentation) that we make
available to you from time to time for your use in connection with the Site
(the "Software").
You may use the Software solely for purposes of enabling you to use and enjoy
our services as permitted by the Terms and Conditions and any related
applicable terms as available on the Site. You may not incorporate any portion
of the Software into your own programs or compile any portion of it in
combination with your own programs, transfer it for use with another service,
or sell, rent, lease, lend, loan, distribute or sub-license the Software or
otherwise assign any rights to the Software in whole or in part. You may not
use the Software for any illegal purpose. We may cease providing you service
and we may terminate your right to use the Software at any time. Your rights to
use the Software will automatically terminate without notice from us if you
fail to comply with any of the Terms and Conditions listed here or across the
Site. Additional third-party terms contained within the Site or distributed as
such that are specifically identified in related documentation may apply and
will govern the use of such software in the event of a conflict with these
Terms and Conditions. All software used in any of our services is our property
and/or our affiliates or its software suppliers and protected by the laws of
Nepal including but not limited to any other applicable copyright laws.
When you use the Site, you may also be using the services of one or more third
parties, such as a wireless carrier or a mobile platform provider. Your use of
these third-party services may be subject to separate policies, terms of use,
and fees of these third parties.
You may not, and you will not encourage, assist or authorize any other person
to copy, modify, reverse engineer, decompile or disassemble, or otherwise
tamper with our software whether in whole or in part or create any derivative
works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual
updates at any time and without notice to you.
3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Site. These conditions signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to the seller to buy the
product or service displayed on our Site. When you place an order to purchase a
product, any confirmations or status updates received prior to the dispatch of
your order serve purely to validate the order details provided and in no way imply the confirmation of the order itself. The acceptance of your order is
considered confirmed when the product is dispatched to you. If your order is
dispatched in more than one package, you may receive separate dispatch
confirmations. Upon time of placing the order, we indicate an approximate
timeline that the processing of your order will take however we cannot
guarantee this timeline to be rigorously precise in every instance as we are
dependent on third-party service providers to preserve this commitment. We
commit to you to make every reasonable effort to ensure that the indicative
timeline is met. All commercial/contractual terms are offered by and agreed to
between you and the sellers alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Ghumtiz does not have
any control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between you and
the Sellers. The seller retains the right to cancel any order at its sole
discretion prior to dispatch. We will ensure that there is a timely intimation to
you of such cancellation via an email or SMS. Any prepayments made in case of
such cancellation(s), shall be refunded to you within the time frames
stipulated here.
You confirm that the product(s) or service(s) ordered by you are purchased for
your internal/personal consumption and not for commercial resale. You
authorize us to declare and provide a declaration to any governmental authority
on your behalf stating the aforesaid purpose for your orders on the Site. The
Seller or the Site may cancel an order wherein the quantities exceed the
typical individual consumption. This applies both to the number of products
ordered within a single order and the placing of several orders for the same
product where the individual orders comprise a quantity that exceeds the
typical individual consumption. What comprises a typical individual's
consumption quantity limit shall be based on various factors and at the sole
discretion of the Seller or ours and may vary from individual to individual.
You may cancel your order at no cost at any time before the item is dispatched to
you.
Please note that we sell products only in quantities which correspond to the
typical needs of an average household. This applies both to the number of
products ordered within a single order and the placing of several orders for
the same product where the individual orders comprise a quantity typical for a
normal household.
C. RETURNS
Please review our Returns Policy for details.
D. PRICING, AVAILABILITY, AND ORDER PROCESSING
All prices are listed in Nepalese Rupees and are
inclusive of VAT and are listed on the Site by the seller that is selling the
product or service. Items in your Shopping Cart will always reflect the most
recent price displayed on the item's product detail page. Please note that this
price may differ from the price shown for the item when you first placed it in
your cart. Placing an item in your cart does not reserve the price shown at
that time. It is also possible that an item's price may decrease between the
time you place it in your basket and the time you purchase it.
We do not offer price matching for any items sold by any seller on our Site or
other websites.
We are determined to provide the most accurate pricing information on the Site
to our users; however, errors may still occur, such as cases when the price of
an item is not displayed correctly on the Site. As such, we reserve the right
to refuse or cancel any order. In the event that an item is mispriced, we may,
at our own discretion, either contact you for instructions or cancel your order
and notify you of such cancellation. We shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
prepayment processed. If such a cancellation occurs on your prepaid order, our
policies for refund will apply.
We list availability information for products listed on the Site, including on
each product information page. Beyond what we say on that page or otherwise on
the Site, we cannot be more specific about availability. Please note that
dispatch estimates are just that. They are not guaranteed dispatch times and
should not be relied upon as such. As we process your order, you will be
informed by e-mail or SMS if any products you order turn out to be unavailable.
Please note that there are cases when an order cannot be processed for various
reasons. The Site reserves the right to refuse or cancel any order for any
reason at any given time. You may be asked to provide additional verifications
or information, including but not limited to phone number and address before
we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to
obtain validation of your payment details before providing you with the product
and to verify the personal information you shared with us. This verification
can take the shape of an identity, place of residence, or banking information
check. The absence of an answer following such an inquiry will automatically
cause the cancellation of the order within a reasonable timeline. We reserve
the right to proceed to direct cancellation of an order for which we suspect a
risk of fraudulent use of banking instruments or other reasons without prior
notice or any subsequent legal liability.
Refund Voucher
Security and Fraud
E. RESELLING GHUMTIZ PRODUCTS
Reselling Ghumtiz products for business purposes is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.
F. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any and all applicable taxes as per prevailing law.
G. COMMUNICATING WITH US
When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
H. LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
I. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the website unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
J. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
K. WAVIER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
L. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Katmandu.
M. REPRESENTATIONS AND WARRANTIES
We do not make any representation or warranty as to
specifics (such as quality, value, saleability, etc) of the products or
services listed to be sold on the Site when products or services are sold by
third parties. We do not implicitly or explicitly support or endorse the sale
or purchase of any products or services on the Site. We accept no liability for
any errors or omissions, whether on behalf of itself or third parties.
We are not responsible for any non-performance or breach of any contract
entered into between you and the sellers. We cannot and do not guarantee your
actions or those of the sellers as they conclude transactions on the Site. We
are not required to mediate or resolve any dispute or disagreement arising from
transactions occurring on our Site.
We do not at any point in time during any transaction as entered into by you
with a third party on our Site, gain title to or have any rights or claims over
the products or services offered by a seller. Therefore, we do not have any
obligations or liabilities in respect of such contract(s) entered into between
you and the seller(s). We are not responsible for the unsatisfactory or delayed
performance of services or damages or delays as a result of products that are
out of stock, unavailable, or back-ordered.
Pricing on any product(s) or related information as reflected on the Site may
be due to some technical issue, typographical error, or other reason by incorrect
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a result. Any prepayments made for such orders will be refunded to you per our
refund policy as stipulated.