Terms and Conditions

Welcome to shuvautsav.com and please read the Terms and Conditions carefully before using www.shuvautsav.com

This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. INTRODUCTION

Shuvautsav.com also hereby known as “we", "us", "Shuvautsav" or “Website”. We are an online marketplace and these are the terms and conditions governing your access and use of Shuvautsav along with its related sub-domains, sites, mobile app, services and tools. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Shuvautsav allows the User to surf the Website or making purchases without registering on the Website.

By using the Website, 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 Website 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 Website. This site is owned and operated by Shuva Utsav Online Trade Private Limited (Registration No.255194).

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Shuva Utsav Online Trade Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Shuvautsav.

The Website 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 Website with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Website following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.

2. CONDITIONS OF USE

A. Membership Eligibility

Transaction on the Website is available only to persons who can form legally binding contracts under the Contract Act, 2056. If you are a minor i.e. under the age of 16 years, you may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Website, such transaction on the Website may be made by your legal guardian or parents. Shuvautsav reserves the right to terminate your membership and or refuse to provide you with access to the Shuvautsav if it is brought to Website's notice or if it is discovered that You are under the age of 16 years and transacting on the Website.

B. Your Account and Registration Obligations

To access certain services offered by the Website, 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 shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password verification.

You agree that Shuvautsav shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.

If You share or allow others to have access to Your account on the Website (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

C. Your Submission

Anything that you submit to the Website 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 Website, 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.

D. Privacy

Please review our Privacy Agreement, which also governs your visit to the Website. The personal information / data provided to us by you or your use of the Website 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 Website.

E. Platform for Transaction and Communication

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Shuvautsav is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and 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. Shuvautsav 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 the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Shuvautsav.
2. Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller 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 and may vary from individual to individual.
3. Shuvautsav does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Shuvautsav does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Shuvautsav accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Shuvautsav is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Shuvautsav cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Shuvautsav shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. Shuvautsav does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
6. Shuvautsav does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
7. At no time shall Shuvautsav hold any right, title or interest over the products nor shall Shuvautsav have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Shuvautsav is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Shuvautsav is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

9. You release and indemnify Shuvautsav and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Shuvautsav cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretense.

F. Charges

Membership on the Platform is free for buyers. Shuvautsav does not charge any fee for browsing and buying on the Website. Shuvautsav reserves the right to change its Fee Policy from time to time. In particular, Shuvautsav may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Shuvautsav reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Nepalese Currency. You shall be solely responsible for compliance of all applicable laws including those in Nepal for making payments to Shuva Utsav Online Trade Private Limited.

G. Continued availability of the Website

Shuvautsav shall do its utmost to ensure that access to the Website is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Website, this cannot be guaranteed. Additionally, your access to the Website shall 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. Shuvautsav shall attempt to limit the frequency and duration of any such suspension or restriction.

H. Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(1) belongs to another person and to which You does not have any right to;

(2) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing.

(3) is misleading in any way;

(4) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(5) harasses or advocates harassment of another person;

(6) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(7) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(8) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(9) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(10) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(11) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(12) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(13) contains video, photographs, or images of another person (with a minor or an adult).

(14) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(15) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Shuvautsav's prior written consent means a communication coming from Shuvautsav's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(16) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(17) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(18) refers to any Website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(19) harm minors in any way;

(20) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(21) violates any law for the time being in force;

(22) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(23) impersonate another person;

(24) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(25) threatens the unity, integrity, defense, security or sovereignty of Nepal, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(26) shall not be false, inaccurate or misleading;

(27) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(28) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Shuvautsav, Subhautsav, SuUtsav, Utsavshuva or otherwise engage in any conduct or action that might tarnish the image or reputation, of Shuvautsav or sellers on platform or otherwise tarnish or dilute any Shuvautsav's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Shuvautsav's systems or networks, or any systems or networks connected to Shuvautsav.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shuvautsav and / or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Electronic Transaction Act, 2008 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. Shuvautsav shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Shuvautsav views. In no event shall Shuvautsav assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
2. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
3. Shuvautsav shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
4. If you choose to browse or transact on the Website using the voice command-based shopping feature, you acknowledge that Shuvautsav and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Shuvautsav’s and/or its affiliates’ products and services. Shuvautsav’s and/or its affiliates’ use of your voice data will be in accordance with the Shuvautsav Privacy Policy. You accept that your use of this feature is restricted to the territory of Nepal. This feature may not be accessible on certain devices and requires an internet connection. Shuvautsav reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.

I. Contents Posted on Website

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Shuvautsav has no control over such third party user generated content as Shuvautsav is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Shuvautsav 's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE WEBSITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE WEBSITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE WEBSITE.

J. Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Shuvautsav does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

Shuvautsav will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Shuvautsav does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

K. Claims against objectionable content

We list thousands of products for sale offered by numerous sellers on the Website 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 Website 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 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 contact@shuvautsav.com. 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 other. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.

L. 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 contact@shuvautsav.com 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 other. 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.

M. Trademarks and Copyrights

Shuvautsav logo, Shuvautsav and other marks indicated on our Website 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 Website 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 Website, information content on the Website 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 Website also are protected by copyright as a collective work under Nepali copyright laws and international conventions. All rights are reserved.

N. Indemnity

You shall indemnify and hold harmless Shuvautsav, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

You shall indemnify and hold harmless Shuvautsav as owned by Shuva Utsav Online Trade Pvt. Ltd, 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 Shuvautsav as owned by Shuva Utsav Online Trade Private Limited 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.

O. Third Party Businesses

Parties other than Shuva Utsav and its affiliates may operate stores, provide services, or sell product lines on the website. 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.

P. Communicating with us

When you visit the website, 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.

Q. 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.

R. Amendments to Conditions or Alterations of Service and Related Promise

We reserve the right to make changes to the website, 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.

S. 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.

T. 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 website and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

U. 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 website 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 website 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 website 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 website or with any terms, conditions, rules, policies, guidelines, or practices in operating the website, your sole and exclusive remedy is to discontinue using the website.

V. 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.

W. 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 website (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 website. 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 website. Additional third party terms contained within the website 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 website, 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.

X. Contact Us

You may reach us Here.

3. CONDITION OF SALE (BETWEEN SELLER 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 website. These conditions signify your agreement to be bound by these conditions.

A. Conditions Related to Sale of the Products or Services

This section deals with conditions relating to the sale of products or services on the website.

B. The Contract

Your order is a legal offer to the seller to buy the product or service displayed on our website. When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serves purely to validate the order details provided and in no way implies 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. Shuvautsav 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 the 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 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 in Return and Refund Policy.

You confirm that the product(s) or service(s) ordered by you are purchased for your internal / personal consumption and not for commercial re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the website. The Seller or the website 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 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 website 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 website or other websites.

We are determined to provide the most accurate pricing information on the website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. 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 website, including on each product information page. Beyond what we say on that page or otherwise on the website, 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 website 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

• Refund voucher can be redeemed on our Website, as full or part payment of products from our Website within the given timeline.
• Refund voucher cannot be used from different account.
• Vouchers are not replaceable if expired.
• Each issued promotional voucher (App voucher and New customer voucher) will be valid for use by a customer only once. Multiple usages changing the identity is illegal.
• Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
• Promotional voucher may not be valid during sale or in conjunction with any special promotion.
• Voucher will work only if minimum purchase amount and other conditions are met.
• Shuvautsav reserves the right to vary or terminate the operation of any voucher at any time without notice.
• Shuvautsav shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any voucher or any failure or inability of a customer to use a voucher for any reason.
• Vouchers are not replaceable if expired.

 

Security and Fraud

• When you use a voucher, you warrant to Shuvautsav that you are the duly authorized recipient of the voucher and that you are using it in good faith.
• If you redeem, attempt to redeem or encourage the redemption of voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offence.
• If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation. Shuvautsav reserves the right to take any further action it deems appropriate in such instances.

E. Reselling Shuvautsav’s Products

Reselling Shuvautsav products for business purpose is strictly prohibited. If any unauthorized personnel are 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 website and you agree to bear any and all applicable taxes as per prevailing law.

G. Communicating with us

When you visit the website, 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 website, 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. 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 website 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 website 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 website. 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 website. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our website.

We do not at any point of time during any transaction as entered into by you with a third party on our website, 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 unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Pricing on any product(s) or related information as reflected on the website may due to some technical issue, typographical error or other reason by incorrect as published and as a result you accept that in such conditions the seller or the website may cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated.