TERMS OF SERVICE: USER
This Terms of Service (“Agreement”) constitutes a legal arrangement between user (“You” or “User”) and Lost Horizon International Handicraft Industry Pvt. Ltd. (“Company”) regarding services including drop-shipping, customized packaging and new product/design development related to handmade organic New Zealand wool (felt products) by the Company (“Service”). By using the Service, you agree that you have read, understood, accepted and agreed with the terms and conditions states herein. If you do not agree to or fall within the terms and conditions of the Service and wish to discontinue using the Service, You shall discontinue the use of the Service.
When you use any of the Service provided to You by the Company, You expressly acknowledge and agree to be bound by the terms and conditions, policies applicable to such service and any future amendments and additions to this Agreement as published from time to time.
2. REPRESENTATIONS AND WARRANTIES
- 1.1. The Site comprises online services (“Site”), which enable the Users to select the interested categories of the handmade organic New Zealand wool (“Felt Products”) for purchase and importation. Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal and non-commercial use.
- 1.2. The Services can be purchased through various methods of payments offered. The purchase of Services shall be additionally governed by specific policies of sale like payment and refund clause, cancellation clause, etc. issued by the Company from time to time.
3. PAYMENT AND REFUND CLAUSE
- 2.1. By using the Service, You expressly represent and warrant that You are legally entitled to accept and agree to the terms and conditions and that you are eighteen (18) years old and above. This Service shall not be made available to anyone who has not attained the said age or incapable of entering into a contractual relationship for any reason whatsoever.
- 2.2. You may only access the Service using authorized and legal means. It shall be your responsibility to check and ensure that you use the correct Site in your device. The Company shall not be held responsible or liable if You do not have a compatible handset.
- By using the Service, you agree that:
- i. You shall only use the Service for intended and lawful purposes;
- ii. You shall not intentionally or unintentionally cause or attempt to cause damage to the Company;
- iii. You shall not or shall not cause to try to harm the Service and/or Site in any way whatsoever;
- iv. You shall provide the Company with whatever proof which may be reasonably requested;
- v. You shall update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You hereby accept that if your information is untrue or incomplete in any manner, the Company has the right to terminate this Agreement and your use of the Service and/or Site at any time with or without notice;
- vi. You shall not use the Service for carrying out illegal activities under the prevailing laws of Nepal from to time and if, in the event that You display suspicious behavior, you will fully comply with the request of the any government authority and/or law enforcement to inspect any bags and/or items you are carrying with you which may or may not be readily visible;
- vii. You agree that the Service is provided on a reasonable effort basis; and
- 3.1. Payment for the Service offered shall be on 100% advance basis. Once the payment for Service is made, the same shall not be refundable and any amount paid shall stand appropriated. Refund will be at the sole discretion of the Company only.
- 3.2. User acknowledges and agrees that the Company at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a user, against any amount(s) payable by user to the Company under any other agreement or commercial relationship towards other products/services.
- 3.3. The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- 3.4. 50% payments for the Service offered by the Company shall be on the activation/administration fees and the rest 50% shall be refunded on pro-rata basis, considering the usage of the Service.
- 3.5. The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the Site would be at the discretion of the Company.
If You utilize the Company’s Site in a manner inconsistent with these terms and conditions, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
5. INTELLECTUAL PROPERTY RIGHTS
- 4.1. Transactions on the Site are secured and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company/ Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- 4.2. To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary, including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
- 4.3. The User shall further agree that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- 4.4. In the event of theft and/or loss of User identification and/or password and/or security word, the User shall notify the Company immediately via telephone and/or concurrently in person provide the Company with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
- 4.5. The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access and/or leakage of username and/or password being provided by the Company to him.
- 4.6. The User shall not use any software to automatically download or/and extract either a complete or/and partial listing from the Site without prior consent from the Company in writing.
All patent, trademark, copyright, trade secret, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof and other intellectual property rights (“Proprietary Rights”) conceived, made, obtained or developed with the Company and relate in any way to the Company's business is the sole property of the Company and shall not be used for any other purpose other than by seeking the written permission of the Company.
- 6.1. You shall maintain in confidence all personal information and data. You shall further ensure that You are disclosing personal information that may seem reasonable to the Service. You shall only disclose such information to such officers, employees and agents as need to know it to fulfill its obligations under this Agreement. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information is of public knowledge or is required to be disclosed under the prevailing laws of Nepal.
- 6.2. You shall keep the information including business deal, purchase price, design of the products and other relevant information confidential provided to You by the Company.
- 6.3. If any of the personal data that you have provided to us changes, for example-mail address, telephone number, payment details or if You wish to cancel your account, You shall update your details by sending your request to the support contact details as provided in the Site.
- 6.4. The Company will within fourteen (14) working days of receipt of such notice implement such changes.
The Company may, without notice in its sole discretion, and at any time, terminate this Agreement without assigning any reason whatsoever if,
- i. in the opinion of the Company, the User has breached any of the terms and conditions of this Agreement; or
- ii. in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason.
You shall indemnify and hold harmless the Company from and against any and all losses, liabilities, costs (including legal and repair costs, experts’ and consultants’ fees), charges, expenses, actions, proceedings, claims and demands may at any time and from time to time sustain, incur or suffer by reason of any damage.
The Company shall not be responsible for the loss incurred by you due to delay in the Service and/or Site and other problems inherent in the use of the internet and electronic communications including the device used by You being faulty or out of reach.
- 10.1. The Company may give notice via electronic mail or to your number as per the records of the Company. Such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after mailing or posting or one (1) hour after sending it via email.
- 10.2. You may give notice to the Company as per the instructions provided in the Site.
This Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by You without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs as may be in force and in connection with any future taxes that may be introduced at any point of time.
13. JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION
The obligations, performance, interpretation and contents of this Agreement shall be governed by prevailing laws of Nepal. Each Party irrevocably and unconditionally submits to the jurisdiction of the competent courts of Nepal. In case of any dispute(s) arises in course of execution of this Agreement, the Parties shall settle such dispute(s) amicably and if such dispute is not settled by amicable means within fifteen (15) days of the notice of such dispute, the Parties agree to submit the dispute(s) to the jurisdiction of the competent courts of Nepal.