Terms and conditions
Online Saathi Trading
Private Limited (Onlinesaathi.com) provides you with all publicly available
content, technologies, and services, subject to your acceptance of the numerous
terms, conditions, policies, and notices formally stated here. Without prior
notice, we reserve the right to amend, alter, add, or delete parts of these
Terms and Conditions at any time. If no other warning is given, changes will
take effect when they are posted on the Site. Please review these Terms and
Conditions for updates on a regular basis. Following the posting of amendments
to the Terms and Conditions of Use, your continued use of the Site constitutes
your acceptance of those changes.
Before using our website
or services, it would be ideal if you read these Terms of Service thoroughly.
You agree to be legally bound by these Terms of Service by using. If you do not
agree to all of the terms and conditions of this agreement, you are not allowed
to use the website or any of its services. Acceptance is expressly limited to
these Terms of Service if these Terms of Service are treated as a bid.
Conditions of use
DISCLAIMER
You understand and agree
that you are using the Site's services and transacting at your own risk and
that you are using your best and most prudent judgment before entering into any
transactions. We will not be liable or accountable for any acts or inactions of
sellers, or any violation of terms, representations, or warranties by sellers
or manufacturers of the goods, and we specifically disclaim all responsibility
and liability in this regard. We will not serve as a mediator or arbitrator in
any conflict or disagreement between you and the product's sellers or
manufacturers.
We also expressly
disclaim any express or implied warranties or representations about the
consistency, suitability, accuracy, reliability, completeness, timeliness,
durability, protection, merchantability, fitness for a particular purpose, or
legality of the products specified, displayed, or transacted, or the content
(including product or pricing details and/or specifications) on the Site.
Although we have taken care to prevent inaccuracies in content, this Site,
including all content, details (including product prices), software, goods,
services, and related graphics, is provided "as is" with no
warranties of any type.
We do not promote or
endorse the selling or purchase of any goods on the Site, either indirectly or
directly. No right, title, or interest in the goods sold by or shown on the
Site shall ever vest in us, and Online Saathi shall Trading Private Limited.
have no obligations or liabilities in relation to any transactions on the Site.
We are not liable or responsible for the acts or inactions of any other service
provider listed on our Site, including, but not limited to, payment providers,
installment offerings, warranty services, and so on.
YOUR ACCOUNT
We can require you to
create an account with us or provide personal information to complete the
creation of an account in order to access certain platform services. We reserve
the right, in our sole and absolute discretion, to invalidate the username
and/or password at any time without providing any purpose or prior notice, and
we will not be liable or responsible for any damages incurred, induced by, or
arising out of such invalidation.
You are responsible for
keeping your user identification, password, account details, and other private
information confidential. You agree to take on this obligation to ensure that
your account and associated information are kept safe at all times, as well as
that all appropriate precautions are taken to avoid account misuse. If you have
reason to suspect that your password has become available to someone else, or
if the password is being, or is likely to be, used in an unauthorized manner,
you can notify us immediately.
You accept and
understand that any use of the Site and related services provided, as well as
any access to private information, data, or communications using your account
and password, is deemed to be performed or approved by you, as the case may be.
You agree to be bound by the terms of any access to the Site and/or use of any
of the Site's facilities (whether such access or use are authorized by you or
not). You accept that we have the right (but not the obligation) to act on,
depend on, or hold you solely responsible and liable as if the actions or
transmissions were carried out or transmitted by you.
We reserve the right to
deny access to the Site, terminate accounts, and delete or edit material at any
time and without giving you prior notice. We reserve the right, in our sole and
utter discretion, to request that you update your Personal Data or to
immediately invalidate your account or related information without providing
any justification or prior notice, and we will not be liable or responsible for
any damages incurred by or on behalf of you.
PRIVACY
Please read our Privacy
Policy, which also governs your visit to the Site, before proceeding. Personal
information/data given by you or collected by your use of the Site will be kept
strictly confidential in compliance with the Privacy Agreement and relevant
laws and regulations. If you don't want your information to be transferred or
used in the ways described in the Privacy Agreement, don't sign it.
PRICING
Our prices are subject
to change without warning. Without prior notice, we reserve the right to modify
or suspend any Service (or any portion or content thereof). Any modification,
price change, termination, or discontinuance of the Service does not obligate
us to you or anyone else.
PLATFORM FOR
COMMUNICATION
You accept, understand,
and acknowledge that the Site is an online marketplace that allows you to buy
items listed at the price indicated at any time from any location using your
preferred payment method. You also recognize and accept that we are just a
facilitator and cannot be a party to or monitor in any way any transactions on
the Site or through a payment gateway provided by a third-party service
provider. As a result, the selling of goods on the Site will be a purely
bipartite deal between you and the vendors on our Site, with payment processing
taking place between you, the service provider, and your issuer bank in the
case of prepayments of electronic cards. The payment contract on the Site is
purely a bipartite agreement between you and the service provider mentioned on
our site.
ACCESSING THE SITE
We request that by
accessing the Site, you confirm that you are of legal age to form legally
binding contracts and that you are at least 18 years old or under the
supervision of a parent or legal guardian. We grant you a non-exclusive,
revocable, and non-transferable license to use the Site in compliance with the
Terms and Conditions set forth herein for the purpose of shopping for personal
products and services offered for sale on the Site. Commercial use or use on
behalf of a third party is not allowed unless we have expressly approved it in
advance. If you are registering as a business entity, you reflect that you have
the authority to bind that entity to this User Agreement and that both you and
the business entity will abide by all relevant online trading laws.
Registration as a member of the Site is limited to one per individual or
business organization. Any violation of these Terms and Conditions would result
in the revocation of the license issued in this paragraph immediately and
without warning.
You accept and undertake
not to engage in any of the restricted activities mentioned in this section;
doing so will result in the immediate cancellation of your account, facilities,
feedback, orders, or any other current incomplete transaction with us, as well
as legal action in extreme cases.
- Refusal to comply with the
Terms and Conditions set out herein, as well as all other policies and
guidelines
- To impersonate someone or
something else, or to falsely claim or otherwise distort your relationship
with someone or something else.
- Use the Website for nefarious
purposes.
- Attempting to obtain
unauthorized access to, or otherwise interfering with or disrupting, other
computer systems or networks linked to the Platform or Services is
prohibited.
- Interfere with the use and
enjoyment of the Site by others;
- Any prohibited materials as
deemed illegal by The People's Republic of Nepal should not be posted,
promoted, or transmitted via the Site.
- Use or upload any software or
material that contains, or that you have reason to suspect contains,
viruses, damaging components, malicious code, or harmful components that
may impair or corrupt the Site's data, or damage or interfere with the
activity of another Customer's computer or mobile device, or use the Site
in any way other than in accordance with the appropriate use policy.
DISCOUNTS
Rebates and allowances (coupon codes, promo codes, occasional deals, enter
offers, and so on.) are a reduction in a product's essential cost. On refunds
or exchanges after using a coupon discount or gift voucher for a successful
order from onlinesaathi.com, the value of the coupon discount or gift voucher
will not be discounted. Different account creations under the same Cell Phone
number or email address are not eligible for benefits because they are one-time
"account only" offers (ex. Sign up allowances), discount coupons or
Gift Coupons during campaigns, or other seasonal deals that cannot be used more
than once, according to the policy.
TRADEMARKS AND
COPYRIGHTS
onlinesaathi.com, our
logo, and other logos on our Site are trademarks or registered trademarks in the
applicable jurisdictions(s). Our graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of us, and they must
not be used in conjunction with any product or service that is not ours, in any
way that is likely to cause confusion among consumers, or in any way that
disparages or discredits us. The owners of all other trademarks appearing on
this Site may or may not be associated with, related to, or funded by us.
All intellectual
property rights in the Site, material contained on the Site, and all website
design, including but not limited to text, graphics, software, images, video,
music, sound, and their collection and arrangement, as well as all software
compilations, underlying source code, and software, shall remain our property,
whether registered or unregistered. Under Nepali copyright laws and
international treaties, the entire contents of the Site are also protected as a
collective work. All rights are reserved.
INDEMNITY
You agree to indemnify
and keep Onlinesaathi, its subsidiaries, associates, and their respective
officers, directors, agents, and employees harmless from any allegation or
demand made by a third party, or penalty levied 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. You explicitly release onlinesaathi.com and/or
its associates, as well as any of their officers and representatives, from any
expense, loss, liability, or other effects of the sellers' or other service
providers' actions/inactions, and you clearly waive any claims or demands you
may have in this regard under any law, contract, or otherwise.
THIRD-PARTY BUSINESSES
On the Site, parties
other than Online Saathi and its affiliates can run stores, offer services, or sell
product lines. In addition, we have links to associated companies and other
businesses websites. We are not responsible for reviewing or assessing any of
these companies or entities, or the content of their websites, and we do not
warrant or support their offerings. We take no responsibility or liability for
either of these or any other third-acts, party's goods, or material. When a
third party is involved in your transactions, you can tell by carefully
examining them, and we can share customer information related to those
transactions with that third party. You should read their privacy policies and
other terms carefully.
COMMUNICATING WITH US
You are interacting with
us online when you visit the Site or send us e-mails. When placing an order
with us, you will be asked to have a valid phone number. We can communicate
with you via e-mail, SMS, phone call, posting notices on the Site, or any other
method we deem appropriate. You consent to receive correspondence (including
transactional, promotional, and/or commercial messages) from us regarding your
use of the website (and/or placement of your order) for contractual purposes,
and you agree to treat all modes of communication equally important.
LOSSES
We will not be liable
for any company or personal losses (including, but not limited to, lost income,
sales, contracts, expected savings, data, goodwill, or wasted expenditure) or
any other indirect or consequential loss that was not fairly foreseeable to both
you and us at the time you began using the Site.
MODIFICATIONS TO SERVICE
CONDITIONS OR ALTERATIONS AND RELATED PROMISES
At any time, we reserve
the right to modify the Site, its rules, these terms and conditions, and any
other publicly displayed condition or service pledge. Unless a modification to
certain policies or certain conditions is needed by law or regulatory authority
(in which case it will apply to orders previously placed by you), you will be
bound by the policies and terms and conditions in effect at the time you used
the Site. If any of these conditions is found to be null, void, or
unenforceable for any cause, the condition will be considered severable, and
the validity and enforceability of the remaining conditions will not be affected.
EVENTS OUTSIDE OF OUR
CONTROL
We will not be held
liable for any delay or failure to perform our obligations under these terms if
the delay or failure is caused by an event outside our rational control. This
condition has no bearing on your legal rights.
WAIVER OF CHARGES
You understand and
accept that we are a private commercial company with the freedom to conduct
business as we see fit in order to achieve our objectives. You also agree that
if you violate our Site's terms and we do nothing, we retain the right to use
our rights and recourse in any other case where you violate these terms.
SUSPENSION
We may, in addition to
any other legal or equitable remedies, automatically terminate the Terms and
Conditions or revoke any or all of your rights granted under the Terms and
Conditions without prior notice to you. If this Agreement is terminated, you
must immediately cease all access to and use of the Site, and we will
immediately revoke all passwords and account identification given to you, as
well as deny your access to and use of the Site in whole or in part, in
addition to any other legal or fair remedies. Any termination of this agreement
will have no effect on the parties' respective rights and responsibilities
(including, but not limited to, payment obligations) occurring prior to the
termination date. You further accept that the Site would have no liability to
you or anyone else as a result of any such suspension or termination. Your sole
and exclusive recourse if you are unhappy with the Site or any terms,
conditions, laws, procedures, guidelines, or practices used to operate the Site
is to stop using it.
OUR SOFTWARE
Any software (including
any modifications or enhancements to the software, as well as any relevant
documentation) that we make available to you from time to time for use in
connection with the Site is referred to as "our software" (the
"Software"). You can only use the program to allow you to use and
enjoy our services in accordance with the Terms and Conditions and any other
relevant terms as set forth on the Site. You do not integrate any part of the
Software into your own programs, compile any part of it with your own programs,
transfer it for use with another service, sell, rent, lease, lend, loan,
distribute, sub-license, or otherwise grant any rights to the Software in whole
or in part. You should not use the Software in any way that is illegal. We
reserve the right to stop providing service to you and to revoke your right to
use the Software at any time. If you fail to comply with any of the Terms and
Conditions specified here or elsewhere on the Site, your rights to use the
Software will automatically terminate without notice from us.
In the event of a
disagreement with these Terms and Conditions, additional third-party terms found
within the Site or distributed as such are expressly defined in relevant
documents which apply and regulate the use of such software. All software used
in any of our services is the property of us, our associates, or their software
suppliers, and is protected by Nepalese laws, including but not limited to
copyright laws. You may be using the services of one or more third parties
while you use the Site, such as a cellular carrier or a mobile platform
provider. These third-party providers have their own rules, terms of service,
and fees that apply to use them. You may not, and you will not enable, assist,
or allow someone else to, copy, alter, reverse engineer, decompile or
disassemble, or otherwise tamper with our software, in whole or in part, or
create any derivative works from or of it.
We can give automatic or
manual updates to the Software at any time and without notice to you in order
to keep it current.
CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
THE AGREEMENT
Your order is a legally binding
bid to the seller to purchase the product or service shown on our website. When
you place an order for a product, any confirmations or status notifications you
obtain prior to the dispatch of your order serve solely to verify the order
information you are given and do not imply that the order has been confirmed.
When the product is dispatched to you, the approval of your order is considered
verified. You can receive different dispatch confirmations if your order is
shipped in several packages. We offer an estimated timeline for the processing
of your order when you place your order, but we cannot guarantee that this
timeline will be strictly adhered to in all cases because we depend on
third-party service providers to keep this commitment. We pledge to you that we
will make every fair effort to meet the estimated deadline.
You and the sellers are
the only ones that bid and accept on commercial/contractual terms. Cost,
shipping costs, payment methods, payment terms, date, time, and mode of
delivery, warranties related to products and services, and after-sales services
related to products and services are all examples of commercial/contractual
terms. Onlinesaathi has no power over, nor does it decide, inform, or
participate in the offering or acceptance of certain commercial/contractual
terms between you and the Sellers in any way. Prior to dispatch, the seller
maintains the right to cancel every order at its absolute discretion. We will
send you an email or SMS to notify you of the cancellation in a timely
manner.
You confirm that the
product(s) or service(s) you ordered are for internal/personal use only and
are not for commercial resale. You allow us to make a declaration on your
behalf to any governmental authority, specifying the above reason for your
instructions on the Site. When the quantity of an order exceeds the normal
individual consumption, the Seller or the Site can cancel it. This refers to
the number of goods ordered in a single order as well as placing several orders
for the same product in quantities that are greater than the average consumer
consumption.
What constitutes a
standard individual's intake quantity cap will be determined by a variety of
factors and at the Seller's or our absolute discretion and will vary from
person to person.
Before the item is
dispatched to you, you have the option to cancel your order at no cost.
ORDER PROCESSING,
PRICES, AND AVAILABILITY
All prices are in
Nepalese Rupees and include VAT. They are listed on the Site by the seller
selling the product or service. The most recent price shown on the item's
product description page will always be reflected in your Shopping Cart. Please
keep in mind that this price may vary from the one shown when you first added
the item to your cart. Adding an item to your cart does not guarantee the price
shown at the moment. It's also likely that the price of an item would drop
between the time you add it to your basket and the time you buy it. We do not
match prices on products offered by any seller on our platform or on other
websites.
We are committed to
providing our users with the most accurate pricing details on the Site;
however, errors can occur, such as when an item's price is incorrectly
displayed on the Site. As a result, we reserve the right to reject or cancel
any order without explanation.
If an item's price is
incorrect, we may, at our discretion, contact you for instructions or cancel
your order and inform you of the cancellation. Whether or not the order has
been confirmed and your prepayment has been processed, we reserve the right to
reject or cancel all such orders. In the event that your prepaid order is
canceled, our refund policies will apply. On each product information page, we
list availability information for products listed on the Site. We can't be more
precise about availability than what we say on that page or anywhere on the
Site.
Please keep in mind that
dispatch estimates are just that: estimates. They are not guaranteed delivery
times and should not be used as such. If any of the items you ordered become
unavailable while we process your order, you will be notified by e-mail or
SMS.
Please keep in mind that
orders might be unable to be processed for a variety of reasons. At any time,
the Site reserves the right to reject or cancel any order for any reason.
Before we approve your order, you can be asked to provide additional
verifications or details, such as your phone number and address. We reserve the
right to obtain validation of your payment details before providing you with
the product and to check the personal information you shared with us in order
to avoid any credit or debit card fraud. This verification can take the form of
an identification check, a check of where you live, or a check of your banking
records. In the absence of a response to such an inquiry, the order will be
automatically canceled within a reasonable time frame. We reserve the right to
cancel an order directly if we suspect a risk of fraudulent use of banking
instruments or for other purposes, without providing advance notice or
incurring any legal liability.
RESELLING PRODUCTS
It is strictly forbidden
to resell online Saathi goods for profit. Judicial action can be taken against
any unauthorized employees found committing the above act.
FEDERAL TAXES
You consent to pay all
fees, prices, and charges associated with the purchase of goods from the Site,
as well as any and all applicable taxes under applicable law.
COMMUNICATING WITH US
You are interacting with
us online when you visit the Site or send us e-mails. When placing an order
with us, you will be asked to have a valid phone number. We can communicate
with you via e-mail, SMS, phone call, posting notices on the website, or any
other method we deem appropriate. You consent to receive correspondence
(including transactional, promotional, and/or commercial messages) from us
regarding your use of the website (and/or placement of your order) for
contractual purposes, and you agree to treat all modes of communication equally
important.
WARRANTIES AND
REPRESENTATIONS
When goods or services
are sold by third parties, we make no representation or guarantee as to the
particulars (such as quality, value, saleability, and so on) of the products or
services specified to be sold on the Site. We do not promote or endorse the selling
or purchase of any goods or services on the Site, either indirectly or
explicitly. We take no responsibility for any mistakes or omissions, whether on
behalf of itself or third parties.
We are not liable for
any failure to perform or violation of any contract between you and the
sellers. We may not gain title to or have any rights or claims over the goods
or services provided by a seller at any point during any transaction entered
into by you with a third party on our Site. As a result, we have no commitments
or liability in relation to the contract(s) you and the seller have entered
into. We are not liable for unsatisfactory or delayed service results, or for
losses or delays caused by out-of-stock, unavailable, or back-ordered
goods.
Pricing on any
product(s) or related information as reflected on the Site may be incorrect as
published due to a technical problem, typographical error, or other cause, and
you agree that in such circumstances, the seller or the Site may cancel your
order without prior notice or liability. Any prepayments made for such orders
will be refunded to you in accordance with our refund policy.