Terms of Service/Use (ToS)
HajurBuy will make best effort to make the services available without any disruptions but there might be down times wherein HajurBuy shall not take any responsibility. Additionally, HajurBuy can block access to user if certain violation or trigger events occur.
Any comments, reviews, submissions that you may submit will be public. Additionally, reviews and submission can only be submitted by genuine purchaser and without using profanity (and have similar restriction in place) including complying with other terms of this agreement; and HajurBuy can take them down if it violates any law or this terms or rights of other people.
HajurBuy provides Service as a platform where Users can carry out transaction directly from the sellers. You agree that HajurBuy 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. HajurBuy does not at any point of time during any transaction between Buyer and Seller on the Website/Mobile Apps/Social Media pages or account 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. HajurBuy is not responsible for delayed performance of services or damages or delays as a result of products which are out of stock or unavailable. HajurBuy hereby disclaims any obligations or liabilities in the respect.
Accounts and Membership
You must be at least 18 years of age to use the Services herein. However, if you are below the age of 18 years, you should immediately terminate the use of this website or application. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, 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.
We do not own any data, information or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content to a third-party created by you or stored in your user account for commercial, marketing or any similar purpose.
Regular backups of the Website, Mobile Apps, Social Media pages/accounts and its content is done by us, however, these backups are for our own organizational purposes only and are not guaranteed in any manner. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly.
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.
Intellectual Property Rights
"Intellectual Property Rights" means all present and future rights conferred by law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by HajurBuy or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with HajurBuy. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of HajurBuy or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the HajurBuy or third party Intellectual property.
Any User, user or the sellers of HajurBuy can make a complaint at https://hajurbuy.com/page/contact-us of any inappropriate, violating or counterfeited content. At the knowledge of such information the content shall be taken down immediately.
Limitation of Liability
To the extent permitted by applicable law, in no event will HajurBuy, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise. The aggregate liability of the Service Provider in respect of any claims, losses, costs or damages arising out of or related to this Agreement shall not exceed the charge received by HajurBuy under this Agreement or Rs. 20,000 (Rupees twenty thousands) only, whichever is less. The User shall be entitled to press only those claims in respect of which a loss or damage exceeds Rs. 7,000. The User shall first make efforts to recover such losses through insurance. Any amount paid by the insurance company of the User shall also be deducted from any claim pressed by the User.
HajurBuy does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal or delivery delays or force majeure for which we will not be responsible.
In order to contract with HajurBuy you must be over 18 years of age and possess a cash, valid credit, debit card issued by a bank acceptable to us. HajurBuy retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be HajurBuy or may in some cases be a third party. Where a contract is made with a third party HajurBuy is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. If using Debit/Credit cards, your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
You agree to indemnify and hold the HajurBuy and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable lawyers' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
In case of any dispute, the first recourse of HajurBuy shall be to take-down any violating, counterfeited contents, or make arrangement for User to return product as per “Return & Refund Policy” of the website as soon as such information is brought to the knowledge of HajurBuy. 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:
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.
Each Party shall appoint a one arbitrator and the arbitrators appointed by the Parties shall appoint a third arbitrator who shall ne the chairperson of the arbitral tribunal.
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.
Venue and seat of the arbitration shall be Kathmandu, Nepal.
The decision of the arbitration shall specify how the expenses of the arbitration shall be allocated between the parties.
The arbitration award shall be final and binding upon the parties, and decree on such award may be entered in any court having jurisdiction.
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.
Changes and Amendments
Acceptance of These Terms
You may contact us via the contact form or write a letter to HajurBuy Online Store, Durbar Marg, Kathmandu, Nepal. 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 information provided by HajurBuy on https://www.HajurBuy.com/ and our Personalized Web applications is for general informational purposes only. All information on the Site and our Personalized Web applications is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATIONS OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF AND RELIANCE ON THE SITE AND OUR MOBILE APPLICATIONS AND ANY INFORMATION ON THE SITE AND OUR PERSONALIZED WEB APPLICATION IS SOLELY AT YOUR OWN RISK.
External Links Disclaimers
The site and our personalized web applications may contain (or you may be sent through the site or our personalized web application) links to other websites or content belonging to or origination from third parties or links to websites and features in banners or other accuracy. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING, WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.