Introduction

 

We, at ‘Lahure Sahila Trading Pvt. Ltd’ domain register as lahuresahila.com are dedicated to respect your online privacy and recognize your need for appropriate protection and management of any Personal Information you share with lahuresahila.com.

 

“Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit our domain lahuresahilla.com without telling us who you are or revealing any Personal Information about yourself.

 1. AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you (User) and “lahuresahila.com” ("Company", “we”, “us”, or “our”), concerning your access to and use of the “lahuresahila.com” “lahuresahila.com” as well as any other media form, media channel, mobile “lahuresahila.com” or mobile application related, linked, or otherwise connected to “lahuresahila.com”. You agree that by accessing the “lahuresahila.com”, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the “lahuresahila.com” from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Please ensure that you check the applicable Terms every time you use our “lahuresahila.com” so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the “lahuresahila.com” after the date such revised Terms of Use are posted. The information provided on the “lahuresahila.com” is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the “lahuresahila.com” from other locations do so on their own initiative and are solely responsible for compliance with Nepal laws, if and to the extent Nepal laws are applicable.

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 2. USER REPRESENTATIONS AND USER REGISTRATION

You must be at least 16 years of age to use the Services herein. However, if you are below the age of 16 years, you should immediately terminate the use of this “lahuresahila.com” or application. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

3. USER DATA

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We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby wave any right of action against us arising from any such loss or corruption of such data.

 

4. Prohibited uses

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In addition to other terms as set forth in the Agreement, you are barred from using the Services or Content: (a) for any unlawful act; (b) to instigate others to perform or partake in any unlawful acts; (c) to violate any international, national, provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate in any manner, or disability; (f) to upload counterfeited, wrong or misleading information; (g) to upload or transfer viruses or any other type of malware that will or may be used in any way that will disrupt the functionality or smooth operation of the Services including third party products and services, or the Internet; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses. If any liability arises due to the above-mentioned reasons, then the user agrees to take full responsibility.

 

5. INTELLECTUAL PROPERTY RIGHTS

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Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, “lahuresahila.com” designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. 

 

6. LIMITATIONS OF LIABILITY

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IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY. BY YOU TO US OR CERTAIN NEPAL LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS

 

7. INDEMNIFICATION

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You agree to defend, indemnity, and hold us harmless, including our subsidiaries affiliates, and all of our respective officers, agents, partners, and employees from and against any loss damage liability, claim or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of (1) use of the Site, (2) breach of these Terms of Use (3) any breach of your representations and warranties set forth in these Terms of Use (4) your violation of the rights of a third party, including but not limited to intellectual property nights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site Notwithstanding the foregoing, we reserve the night at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnity us, and you agree to cooperate at your expense, with our defense of such claims: We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

8. PRODUCTS 

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We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

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9. Platform

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 a. “lahuresahila.com” provides Service as a platform where Users can carry out transaction directly from the sellers. You agree that  “lahuresahila.com” is not and cannot be in any manner a party to any transaction between you and the sellers. You agree and acknowledge that you are using the Service and carrying out any transaction at your own risk, and you have used your prudent and careful judgment while making the decision to carry out any transaction.

 b. “lahuresahila.com” does not at any point of time during any transaction between Buyer and Seller on the “lahuresahila.com” accept any responsibility or liability for any representation, warranty made by seller in its listing or any other action or inaction by seller, including delay in delivery.

 c. “lahuresahila.com” is not responsible the for delayed performance of services or damages or delays as a result of products which are out of stock or unavailable. “lahuresahila.com” hereby disclaims any obligations or liabilities in the respect.

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10. PURCHASES AND PAYMENT

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We accept the following forms of payment: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in NPR. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

11. Dispute resolution

 

In case of any dispute, the first recourse of “lahuresahila.com” shall be to take-down any violating, counterfeited contents, or make arrangement for User to replace product as per “Return & Refund Policy” of the “lahuresahila.com” as soon as such information is brought to the knowledge of “lahuresahila.com” Any dispute, claim, or difference shall be settled amicably.

Following the failure to settle the disputes amicably within ninety (90) days, shall be governed by the substantive and procedural laws of Nepal without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Nepal. Each party irrevocably agrees that any dispute in connection be settled by Arbitration in accordance with UNCITRAL Arbitration Rules for the time being in force, and administered by NEPCA in the following manner:

 

1. The number of arbitrators shall be three (3). The arbitrator shall not be a present or former employee, agent, consultant, or advisor of the parties or their affiliates.

2.  Each Party shall appoint one arbitrator and the arbitrators appointed by the Parties shall appoint a third arbitrator who shall be the chairperson of the arbitral tribunal.

3.  If a party fails to appoint an arbitrator or the arbitrators appointed fail to choose a third arbitrator, such arbitrator shall be appointed by NEPCA, failing which shall be appointed in accordance with the laws of Nepal.

4. Venue and seat of the arbitration shall be Kathmandu, Nepal.

5. The decision of the arbitration shall specify how the expenses of the arbitration shall be allocated between the parties.

6. The arbitration award shall be final and binding upon the parties, and a decree on such award may be entered in any court having jurisdiction.

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Notwithstanding anything mentioned elsewhere in this document, the parties shall have the right to seek injunctive or equitable relief available under applicable laws from the competent courts of Nepal having jurisdiction on the matter thereof.

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12. DISCLAIMER

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THE SITE IS PROVIDED ON AN AS-IS AND AS AN AVAILABLE BASIS YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY “LAHURESAHILA.COM” S LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER. RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED “LAHURESAHILA.COM” OR ANY “LAHURESAHILA.COM” OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

13. Acceptance of these terms

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You acknowledge that you have read these terms of use and agree to all its terms and conditions. This is by accessing and using the Services you agree to be bound by this Agreement. This agreement is an electronic record as per Rule 3 of the Electronic Transaction Rules, 2064. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.