TERMS AND CONDITION
These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
Please read the following terms and conditions carefully before registering on, accessing, browsing or using the Janakistore website located at Janakistore.com.
By using the Website, users signify they have carefully read, understood and agree to be bound by these Terms. When users transact or browse through the Website or avail any service provided by the Website, in present or future, users accept and agree to be bound by these Terms, policies, guidelines and conditions of Janakistore service.
These Terms could be changed, altered, edited, amended, modified, reviewed, revised or substituted by Janakistore at any time with or without prior notice and users are requested to read the Terms before using or accessing the Website.
The terms and conditions in relation to the online marketplace service on the JanakistorePlatform set out below (hereinafter Marketplace Terms) are applicable to and binding on You in conjunction with the T&Cs already accepted by You. Each T&C (term or condition) is applicable to and binding on You, or any of Your activities on the Janakistore Platform, even if such term or condition is not specifically reproduced herein below. Janakistore is the provider of online marketplace service, where branded merchandises are displayed online by the various registered merchants (hereinafter Merchant or Merchants) for sale and You can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. Janakistore offers the online marketplace service to You through various modes including issue of coupons & vouchers and through various websites accessible through the Janakistore Platform. The actual contract for sale is directly between the Merchant and You. Janakistore provides the services of listing products, catalogues, pricing, shipping, etc. which is informational and it is up to You to follow it or not. Janakistore may help facilitate the resolution of disputes through various modes. Janakistore has no control over: (i) the existence, quality, safety or legality of items displayed; (ii) the accuracy of third party content or listings including that of registered Merchants; (iii) the ability of Merchant’s or sellers to sell items; (iv) the ability of buyers to pay for items. Janakistore does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Janakistore, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, You explicitly agree and acknowledge that:
Janakistore, through the Janakistore Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Janakistore is a service provider and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
Janakistore is not a warrantor of the products/ services being offered on the Janakistore Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and You agree to handle such issues and disputes directly between You and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Janakistore gives no guarantee, either express or implied, regarding the product bought by You or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
The price of products offered on the Janakistore Platform are MRP(Default), Austrailian dollar and American dollar retail price, sale price, discounted price as offered by our Merchant partner. Janakistore is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Janakistore Platform. Janakistore is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Janakistore will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
The user should have completed 18 years of age and be competent to enter into a contract under the law applicable in Nepal. Any user under 18 years of age who is intending to avail the services of the Website should do so through his or her legal guardian in accordance with applicable law.
If any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
Janakistore reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
C. User Account, Password and Security
The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify Janakistore of any unauthorized use of Your Account Information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session. Janakistore cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section. You may be held liable for losses incurred by Janakistore or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
The Website also allows restricted access to the Services for unregistered Users.
You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date.Use of another user's Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Janakistore has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Janakistore has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Janakistore expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
E. USE OF INFORMATION
We may share Your telephone/mobile numbers or e-mail addresses with our service providers (such as billing or collections companies) who we have contracted with Janakistore to assist us in pursuing our rights or performing our obligations under the user agreement, our policies, or any other agreement we may have with You. These service providers may also contact You using auto-dialed or pre-recorded messages calls and/or SMS or messages in any form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
F. USER OBLIGATIONS
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogs) that You access on the Website in accordance with next Section.
The logo / image of Janakistore on the home page of the websites , mobile site or applications & other pages and as used in the communication to the User is registered by Janakistore and cannot be used or communicated or distributed without the specific and written permission of Janakistore.
G. LICENSE AND SITE ACCESS
Janakistore grants you a limited license to access and make personal use of the websites/ mobile sites / applications and not to download (other than page caching) or modify it, or any portion of it, except in case Janakistore gives consent for the same. 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 these websites/ mobile sites/applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Janakistore. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Janakistore and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Janakistore's name or trademarks without the express written consent of Janakistore. Any unauthorized use terminates the permission or license granted by Janakistore. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Janakistore.com as long as the link does not portray Janakistore, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Janakistore logo or other proprietary graphic or trademark as part of the link without express written permission.
If any dispute arises between you and Janakistore, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Janakistore. The place of arbitration shall be Kathmandu (bagmati). Under the applicable law in Nepal, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Janakistore shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Janakistore.
Janakistore and its affiliates attempt to be as accurate as possible. However, Janakistore does not warrant that product descriptions or other content or prices/amounts on Janakistore are accurate, complete, reliable, current, or error-free. If a product offered by Janakistore itself is not as described, your sole remedy is to return it in unused condition.
Janakistore may call & send information and offers of products and services to you from time to time via sms and mail.
Janakistore shall have no liability to you for any interruption or delay in access to the Sites/Applications irrespective of the cause.
(J) OTHER RESTRICTION
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You agree, undertake and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which the you do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.