Terms of Use
Thank you for using SmartDoko
Preamble & General Statements
This document constitutes an electronic record within the meaning of the Electronic Transactions Act, 2063 (2008) and the E-commerce Act, 2025, along with the rules and regulations framed thereunder, as amended from time to time. It further reflects the amended provisions applicable to electronic records as incorporated in various enactments. This electronic record is generated by a computer system and does not require any physical or digital signature.
This document is published in compliance with Electronic Transaction Rules, 2064, Consumer Protection Act, 2018 (2075 BS), Right to Information Act, 2007, E-Commerce Act, 2025 and other relevant laws which mandates the publication of the terms of use, privacy policy, and terms of use for access to or usage of the website and mobile application of www.smartdoko.com (hereinafter referred to as the "Platform").
The use of any product, service, content, or feature made available on or through the Platform (collectively referred to as the “Materials”) is subject to the terms and conditions stated herein (the "Terms of Use" or "Terms"). a company incorporated under the Companies Act, 2063 with its registered office at Kathmandu, Nepal (hereinafter referred to as “SmartDoko”). (hereinafter referred to as “SmartDoko”, “we”, “us”, or “our”).
For the purposes of these Terms of Use, the terms “you”, “your”, or “User” shall mean any natural or legal person who accesses, uses, or browses the Platform, or makes a purchase on the Platform, with or without registration. SmartDoko permits users to browse certain sections of the Platform without requiring registration.
Your use of the Platform, including any tools, features, or services, shall be governed by these Terms of Use, including all applicable policies of SmartDoko such as the Privacy Policy, Return and Refund Policy, Cancellation Policy, and any other policies which are incorporated herein by reference and available on the Platform. By accessing, browsing, registering, or using the Platform in any manner, you signify your agreement to be contractually bound by these Terms of Use and SmartDoko’s policies, as amended from time to time. Such use shall constitute a valid, binding, and enforceable electronic contract between you and SmartDoko Private Limited under the laws of Nepal, including the E-commerce Act, 2025, and the Electronic Transactions Act, 2063. If you do not agree with any of these Terms, you must not use the Platform.
All content and Materials available on the Platform, including without limitation text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and computer code (collectively, “Content”), are the intellectual property of SmartDoko, its licensors, or its sellers, and are protected by applicable copyright, patent, trademark, and other intellectual property laws and international treaty provisions. You agree to comply with all applicable intellectual property laws and refrain from unauthorized use, reproduction, or distribution of any Content. No rights, whether express or implied, are granted to you in relation to any patents, trademarks, copyrights, or trade secrets belonging to SmartDoko, its licensors, or sellers.
When you use any content or feature made available on the Platform, including but not limited to user-generated content such as comments, reviews, and other contributions, you shall be subject to the rules, guidelines, policies, and terms applicable to such use. These shall be deemed to form an integral part of these Terms of Use. SmartDoko reserves the right, at its sole discretion, to amend, update, modify, add, or delete any portion of these Terms of Use at any time, without prior notice, unless such notice is mandated by law. Any changes will be effective immediately upon posting on the Platform. It is your responsibility to review these Terms of Use periodically to remain informed of any changes. Continued use of the Platform following such modifications shall be deemed to constitute your acceptance of the revised Terms of Use. Subject to your compliance with these Terms of Use, SmartDoko grants you a personal, limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for lawful, personal, and non-commercial purposes only, in accordance with these Terms.
By accessing, browsing, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the applicable policies of SmartDoko, including the Privacy Policy, as may be amended from time to time.
ELIGIBILITY FOR USE
Access to and use of this Platform is strictly limited to individuals who are legally capable of entering into binding contracts under the prevailing laws of Nepal, including the Contract Legal provisions, Companies Act, 2063 (2006), and the E-commerce Act, 2025. Individuals who are deemed “incompetent to contract” within the meaning of applicable Nepalese law such as minors (persons under 18 years of age), un-discharged insolvents, or persons of unsound mind are not eligible to use, register on, or transact on this Platform. If you are a minor, i.e., below the age of 18 years, you are expressly prohibited from creating an account, registering as a User, or transacting on the Platform.
Access or use of the Platform by a minor, if required, may only be undertaken by their legal guardian or parent, acting on their behalf and who agrees to be bound by these Terms. Any contractual obligations purportedly undertaken by a minor in violation of this clause shall be deemed void ab initio and without legal effect. SmartDoko Private Limited reserves the right, at its sole discretion, to suspend or permanently terminate any User account and/or deny access to the Platform if it is discovered or brought to SmartDoko’s attention that the User is not legally eligible to enter into a binding agreement, including but not limited to instances where the User is under 18 years of age or if any information provided is found to be false or misleading.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
By accessing and using the Platform, you acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your user credentials, including your Display Name and Password. You shall be fully responsible for all activities, transactions, and communications conducted under your Display Name and Password, whether authorized by you or otherwise. It is your obligation to take adequate security measures to prevent unauthorized access to your account, including choosing a strong password and changing it regularly.
You agree to immediately notify SmartDoko of any unauthorized use or breach of security of your account. You further agree that any information you provide to SmartDoko through the Platform, including during registration or purchase, shall be true, accurate, current, and complete in all respects. You are responsible for promptly updating your account information in the event of any changes.
In the event that SmartDoko has reasonable grounds to believe that any information provided by you is untrue, inaccurate, outdated, incomplete, or not in compliance with these Terms of Use or applicable law, SmartDoko Private Limited reserves the right, without prior notice, to suspend, restrict, or permanently terminate your membership, block your access to the Platform, and/or refuse to provide you with any current or future use of the Platform or any of its services. Such actions may be taken at the sole discretion of SmartDoko and shall be without prejudice to any other legal remedies available under the applicable laws of Nepal, including but not limited to the Electronic Transactions Act, 2063, the E-commerce Act, 2025, and other relevant regulations governing user conduct and data integrity in digital environments. You also have the right to access, modify, or request deletion of your personal details, or disable certain sources of identification, in accordance with our Privacy Policy and applicable law.
ACCOUNT CREATION, ACCESS AND USER RESPONSIBILITY
Access to certain services and functionalities provided by SmartDoko Private Limited (“SmartDoko”) through its Platform shall be granted to Users only upon the successful creation of a user account, which requires the submission of certain personal and/or contact information, as specified by the Platform. The use of the Platform and its facilities shall be governed by these Terms of Use, including but not limited to the terms governing offers for sale, guidelines, rules, user instructions, notices, disclaimers, and any additional terms of service (collectively, “Additional Terms”). In the event of a conflict between these Terms of Use and any Additional Terms specific to a particular service or functionality, the Additional Terms shall prevail to the extent of such inconsistency.
It shall be the sole responsibility of the User to maintain the confidentiality and integrity of their account credentials, including but not limited to the username, password, and any authentication details. The User shall be fully liable for all activities undertaken or transactions conducted through their account, whether authorized or unauthorized. In the event of any actual or suspected breach of security, including unauthorized access or use of the account, the User shall promptly notify SmartDoko in writing by sending an email to customer.service@smartdoko.com or through the designated grievance channel. The User is further advised to ensure that they log out of their account at the conclusion of each session. SmartDoko shall not be held liable for any loss or damage arising from the User’s failure to comply with these obligations.
If any information provided by the User is found to be untrue, inaccurate, not current, or incomplete, or if SmartDoko has reasonable grounds to suspect that such information is false or misleading, or if the User breaches these Terms, SmartDoko reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate the User’s account, and to deny access to the Platform, either temporarily or permanently, without prejudice to other remedies. These provisions shall be governed by the prevailing laws of Nepal. including but not limited to the Electronic Transactions Act, 2063, and the E-commerce Act, 2025.
ELECTRONIC COMMUNICATION AND CONSENT
By accessing or using the Platform, or by sending emails, messages, data, or other forms of communication to SmartDoko Private Limited (“SmartDoko”), you acknowledge and consent that such interactions constitute electronic communications within the meaning of the Electronic Transactions Act, 2063 (2008) and the E-commerce Act, 2025. You expressly agree that SmartDoko is authorized to communicate with you through electronic means, including but not limited to email, notifications on the Platform, SMS, or other electronic messaging platforms, in connection with your use of the Platform or any transaction carried out therein.
You further consent to receive communications from SmartDoko in electronic form on a periodic basis or as and when required, including but not limited to service-related notices, transactional messages (such as order confirmations, shipping updates, grievance acknowledgments), promotional content (where you have opted-in), legal notices, policy updates, and any other information deemed necessary for the effective operation and management of the Platform and services offered thereon. Such communications shall be deemed to satisfy any legal requirement under Nepalese law that such communication be in writing.
MEMBERSHIP AND FEE POLICY
Membership and registration on the Platform operated by SmartDoko Private Limited ("SmartDoko") are currently offered free of charge. Users may browse and access the Platform without incurring any fee for such browsing. However, SmartDoko reserves the exclusive right to modify its Fee Policy at any time, at its sole discretion.
SmartDoko may, from time to time, introduce new services or features on the Platform or amend, alter, or discontinue certain existing services. In such instances, SmartDoko reserves the right to levy fees for the use of newly introduced services or to revise fees applicable to existing services, including but not limited to transaction fees, convenience fees, or subscription fees. Any such change in the Fee Policy, including the imposition or revision of fees, shall be duly posted on the Platform or communicated to you electronically and shall become effective immediately upon publication or as otherwise specified.
All fees, where applicable, shall be quoted in Nepali Rupees (NPR) unless expressly stated otherwise, and will be inclusive of applicable taxes unless stated otherwise. Users shall be solely responsible for ensuring compliance with all applicable laws and regulations of Nepal relating to the payment of any such fees to SmartDoko Private Limited, including but not limited to obligations under tax, currency, and electronic transaction laws.
INFORMATION DISPLAY AND PRODUCT DETAILS
SmartDoko, or its registered sellers, are committed to displaying accurate and comprehensive information about goods and services offered on the Platform, in accordance with Section 6 of the E-commerce Act, 2025.
This information shall include, but not be limited to:
- Name, design, image, and trademark (if applicable) of the product.
- Weight or quantity of the product.
- The final price of the product, inclusive of all applicable taxes.
- Additional delivery costs, if any, displayed clearly before order confirmation.
- Any prior caution or specific instructions for using the product.
- Estimated time and date of delivery.
- Available modes or processes of payment.
- Guarantee or warranty period and applicable conditions, if any.
- Country of manufacture or processing in case of imported goods.
- Relevant post-sale terms or conditions.
- Whether the purchased goods or services are returnable, and the detailed return policy.
- Service delivery location and specific conditions, if applicable.
- Details of cancellation options and policy.
- Date of manufacture and expiry date for applicable goods .
- Sellers are primarily responsible for providing this information accurately, and SmartDoko will display it as provided. All goods will comply with labeling requirements under the Consumer Protection Act, 2075.
Terms of use for the product/service, where applicable.
A mechanism for user reviews, ratings, and feedback.
Manufacturer's details where required by law or relevant for the product. Any changes to the above details regarding a product or service, or to SmartDoko's business details, will be updated on the Platform within forty-eight (48) hours of such changes being made, where reasonably practicable. While SmartDoko endeavors to ensure accuracy, the primary responsibility for the accuracy of product-specific information listed by third-party sellers’ rests with those sellers.
DISCLAIMER REGARDING BLOG CONTENT AND INTELLECTUAL PROPERTY
It is hereby clarified that certain individuals, including but not limited to employees, contractors, or affiliates of SmartDoko Private Limited (hereinafter referred to as "Individuals"), May, at the sole discretion and under the authorization of SmartDoko, contribute written content to the Website in the form of articles, posts, or commentary, generally referred to as “blogs”.
By accessing such content, you acknowledge and agree that all views, statements, expressions, or opinions contained in these blogs are made by the respective Individuals in their personal capacity and do not, under any circumstances, represent the official views, policies, or positions of SmartDoko Private Limited. SmartDoko does not endorse or assume any liability arising out of such individually expressed opinions.
All blog content published on the Website shall remain the exclusive intellectual property of SmartDoko Private Limited and is protected under the Copyright Act, 2059 (2002) and other applicable intellectual property laws of Nepal. Unauthorized reproduction, distribution, or use of such content, in whole or in part, is strictly prohibited without prior written consent from SmartDoko.
USER GENERATED CONTENT AND CONDUCT (COMMENTS, REVIEWS, ETC.)
Users of the SmartDoko Private Limited (“SmartDoko”) Platform may be permitted to submit comments, feedback, reviews, ratings, or other content (collectively, "User Content") in response to blog posts, product listings, or other user-generated material. By posting any such User Content, you expressly agree to comply with the following terms and conditions, and acknowledge that any violation may result in removal of your content, suspension or termination of your account, and possible legal action under the laws of Nepal.
You agree not to host, display, upload, modify, publish, transmit, update, or share any User Content or information that:
- Belongs to another person and to which you do not hold lawful rights, title, or authority;
- Is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy (including bodily privacy), offensive, abusive, harassing, threatening, hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner under Nepalese law;
- Promotes or encourages money laundering, gambling, or any criminal or illegal activity;
- Is misleading, false, inaccurate, or likely to deceive or mislead recipients about its origin, or is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- Harms minors in any way, or solicits personal information from individuals under the age of 18;
- Infringes any intellectual property rights, including copyrights, trademarks, patents, trade secrets, or rights of publicity or privacy of any third party;
- Constitutes or encourages the distribution of spam, unsolicited emails, chain letters, pyramid schemes, or similar content;
- Promotes an unauthorized or pirated copy of copyrighted material or software, or provides methods to bypass digital rights management protections;
- Contains restricted access or password-protected pages, or hidden content not accessible through standard Platform navigation;
- Attempts to gain unauthorized access to any portion of the Platform or other user accounts, or solicits passwords or sensitive information for commercial or illegal purposes;
- Interferes with or disrupts the functioning of the Platform or impairs other users’ ability to use or enjoy the services;
- Refers to, promotes, or links to external content that SmartDoko deems inappropriate, harmful, or in violation of these Terms of Use;
- Threatens the sovereignty, security, integrity, defense, or public order of Nepal, or harms Nepal’s friendly relations with foreign states, or incites commission of a cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Contains any viruses, malware, spyware, worms, or other software or programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Impersonates another person or misrepresents your identity or affiliation;
- Constitutes a fake review, evaluation, or feedback on the quality and features of goods or services, especially if you are a seller reviewing your own products/services or a competitor, or if you are impersonating a consumer for such purposes;
- Violates any existing Nepalese law or regulation, including those related to indecent representation, public morality, or national security;
- Creates potential legal liability for SmartDoko, its affiliates, or service providers, or adversely affects their ability to provide services;
- Harasses or advocates harassment of another person or group, or promotes physical or mental harm;
- Solicits any illegal activity or provides instructional material about illegal acts, including but not limited to hacking, creation of viruses, or making of illegal weapons;
- Is otherwise unlawful, unethical, or contrary to the public interest or the spirit and intent of applicable law in Nepal.
SmartDoko reserves the absolute right to monitor, moderate, edit, or remove any User Content at its sole discretion and without prior notice if it violates these Terms or applicable law, and to take any legal action necessary to ensure compliance with these provisions. SmartDoko also reserves the right to disclose any User Content if required by law or in good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. This clause shall be interpreted in accordance with the laws of Nepal and subject to the exclusive jurisdiction of the courts of Nepal.
PROHIBITED CONDUCT, UNAUTHORIZED ACCESS, AND CONTENT LICENSE
The User hereby agrees and undertakes not to employ any form of automated or manual process, including but not limited to "deep-linking," "page-scraping," "robots," "spiders," algorithms, or any other similar devices, programs, or methodologies, to access, retrieve, copy, or monitor any portion of the Platform or its content. The User shall not, under any circumstances, engage in any activity aimed at reproducing, circumventing, or manipulating the navigational structure, presentation, or functionality of the Platform, or attempt to obtain materials, documents, or information not intentionally made available through the Platform by SmartDoko. The Company expressly reserves the right to restrict or prohibit such activities without notice.
The User shall not attempt to gain unauthorized access to any part or feature of the Platform, including but not limited to other accounts, computer systems, or networks connected to the Platform, by means of hacking, password mining, or any other illicit methods. Furthermore, the User shall not engage in testing, probing, or scanning the vulnerability of the Platform or any network connected to it, nor breach any security or authentication mechanisms employed by the Platform or such networks. Compliance with any IT standards prescribed by the relevant authority of the Government of Nepal regulating information and technology is mandatory.
Any act of reverse engineering, tracing, or attempting to trace any information about another User or visitor to the Platform, including accounts not owned by the User, with the intent of revealing personal identification or other confidential information, is strictly prohibited.
The User further agrees not to post or disseminate any defamatory, false, misleading, or derogatory statements or comments regarding SmartDoko, its brand, domain name, affiliated companies, sellers, or vendors. The User shall not engage in any activity or conduct that may harm the reputation, commercial goodwill, intellectual property rights, trade or service marks of SmartDoko or any of its associated entities.
The User shall refrain from taking any action that imposes an unreasonably high load or demand on the infrastructure of the Platform or SmartDoko’s related systems or networks, or on any network connected to SmartDoko.
The User hereby agrees not to deploy any device, software, routine, or engage in any activity that interferes or attempts to interfere with the proper functioning of the Platform, the integrity of any transaction conducted via the Platform, or the experience of any other User of the Platform. The User is strictly prohibited from manipulating data headers or employing any form of misrepresentation to disguise the origin of any communication transmitted to SmartDoko through the Platform or any service therein. Impersonation of any individual, entity, or misrepresentation of your affiliation with any person or entity is also expressly forbidden.
The Platform and its content shall not be used for any unlawful purpose or for any activity prohibited under these Terms of Use or applicable Nepalese law. The User is strictly prohibited from soliciting or encouraging any illegal activity or activity that infringes upon the legal rights of SmartDoko or any third party.
The User shall at all times comply with all applicable laws and regulations of Nepal, including but not limited to the E-commerce Act, 2025, Electronic Transactions Act, 2063, Consumer Protection Act, 2075, and the rules, directives, and amendments issued thereunder, as well as any other prevailing laws governing electronic commerce, data protection, intellectual property, and consumer rights.
To enable SmartDoko to legally use the content and information provided by the User (such as reviews, comments, suggestions, but excluding Personal Information which is governed by the Privacy Policy), the User hereby grants SmartDoko a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and fully sub-licensable license (through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and information in any media now known or hereafter developed. This license shall include, but is not limited to, use for promotional, marketing, and advertising purposes, in accordance with SmartDoko's Privacy Policy and as permitted by applicable law.
The User agrees and acknowledges that SmartDoko shall not be liable to provide any compensation, monetary or otherwise, for the use of any such User Content submitted, posted, or uploaded to the Platform.
PROHIBITED SOLICITATION, DISCLOSURE, SECURITY BREACH AND INTELLECTUAL PROPERTY USAGE
You agree that you shall not engage in any form of unsolicited advertising, marketing, or solicitation to other Users of the Platform for the purpose of promoting or offering any goods or services, whether or not related to the offerings displayed on www.smartdoko.com or affiliated with SmartDoko. This includes, but is not limited to, transmission of unsolicited commercial communications, junk mail, spam, or chain letters via any functionality of the Platform.
It shall be a material breach of these Terms of Use to use any data or information obtained from the Platform for the purpose of harassing, abusing, threatening, or otherwise causing harm to another individual, or to contact, solicit, or advertise to another User without SmartDoko’s prior express written consent.
You expressly acknowledge and agree that SmartDoko retains the right, at all times and without prior notice, to disclose any information, including your identity or User Content, submitted or made available on the Platform as required under applicable law (including the E-commerce Act, 2025, Electronic Transactions Act, 2063, and relevant privacy laws of Nepal), regulation, judicial order, or upon lawful request of any governmental or law enforcement authority. This includes but is not limited to disclosures made in the course of investigations related to alleged criminal activity, unlawful acts, or violations of these Terms of Use. You further authorize SmartDoko to make such disclosures at its sole discretion where such action is necessary or appropriate to mitigate risk, ensure safety, protect its rights or property, or support legal proceedings, particularly where such acts may involve harm to persons or public interest.
While SmartDoko endeavors to provide a secure and regulated digital environment by implementing reasonable security practices and procedures as mandated under applicable law, you understand and accept that unauthorized individuals (including “hackers”) may post, upload, or transmit content that is obscene, offensive, or otherwise objectionable, and that by accessing the Platform you may be inadvertently exposed to such material. SmartDoko disclaims any liability for such unauthorized or unlawful activities by third parties to the extent permitted by law. You agree to exercise caution when disclosing personal information and acknowledge that SmartDoko shall not be responsible for any misuse or consequences arising from information you voluntarily share in public or interactive areas of the Platform.
You are strictly prohibited from participating in or facilitating any activity that may disrupt, degrade, or deny service on the Platform, including but not limited to Distributed Denial of Service (DoS/DDoS) attacks. SmartDoko reserves the right to pursue any and all legal remedies, including claims for damages, arising from such activities whether conducted individually or as part of a group.
Unless otherwise explicitly stated herein, no portion of the Platform or any materials hosted on it may be reproduced, copied, republished, posted, publicly displayed, encoded, translated, distributed, transmitted, or mirrored onto any other platform, server, or medium for commercial or public purposes without the prior written authorization of SmartDoko. You are permitted to download specific documents or content made available by SmartDoko on the Platform for personal and non-commercial informational use, provided that:
- All proprietary and copyright notices remain intact;
- Such materials are used solely for private reference and are not broadcasted, published, or shared on public platforms;
- No modifications are made to the original material;
- No additional representations or warranties are made with respect to such materials. Any violation of the above terms shall constitute a breach of these Terms of Use and may result in immediate termination of access, legal liability, or both under the prevailing laws of Nepal.
ORDER ACCEPTANCE, PRICING, AND CANCELLATION
SmartDoko, or its registered sellers, list products and services for sale on the Platform. The display of products/services on the Platform constitutes an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to these Terms of Use. SmartDoko reserves the right, at its sole discretion, to refuse, limit, or cancel any order, in whole or in part, for any reason prior to dispatch, without incurring any liability towards the User or any third party.
Reasons for cancellation may include, but are not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, issues identified by our credit and fraud avoidance department, or non-compliance with these Terms. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your payment has been processed, the said amount will be refunded to your original mode of payment as per our Refund Policy.
While SmartDoko and its seller’s endeavor to provide accurate and up-to-date pricing information, inadvertent inaccuracies, typographical errors, or discrepancies in the display of product prices may occur. The price payable by you shall be the price communicated at the time of order acceptance. All prices are listed in Nepali Rupees (NPR) and are inclusive of applicable VAT unless stated otherwise. Delivery charges, if any, will be displayed separately before you confirm your order. In the event that a product is listed at an incorrect price or with incorrect information due to an error, SmartDoko or the seller reserves the absolute right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and payment has been processed. In such cases, if the payment has already been made by the User, SmartDoko shall initiate a refund in accordance with its Refund Policy.
SmartDoko shall not be liable for any loss or inconvenience caused to the User due to the refusal or cancellation of any order arising from such pricing discrepancies or technical issues.
GIFT CARD
- The gift card is non-returnable and non-refundable.
- If the gift card is lost or stolen, it will not be replaced or reimbursed.
- Gift card can only be used once.
- Gift card cannot be used with any other promotion or coupon code.
- Points will not be awarded when buying a gift card but it will be awarded to the person utilizing it.
- Gift card will be invalid and will not be replaced or reimbursed once it expires.
- No Service fees are charged in connection with SmartDoko gift cards.
PROHIBITED CONTENT AND COMMUNITY STANDARDS
SmartDoko strictly prohibits the use of language or content that may be considered offensive, obscene, sexually explicit, racially or ethnically derogatory, hateful, defamatory, libelous, or otherwise inappropriate or unlawful under Nepalese law in any publicly accessible area of the Platform, including but not limited to user Submissions, Postings, Comments, and Reviews that may be visible to other Users.
Users are required to refrain from publishing or transmitting any content that may breach public decency, public order, or infringe upon the rights or sensibilities of other Users or any third party. When users may refer to offensive language for contextual purposes (e.g., academic discussion if relevant and permitted), such usage must be extremely limited and justified, and still subject to SmartDoko’s moderation. Partial censorship using asterisks (e.g., "s***" or "f***") may be acceptable in very limited contexts but does not automatically render offensive content permissible and is subject to SmartDoko’s sole discretion and moderation policy.
Any violation of this policy may result in the removal of such content and/or the suspension or termination of the User’s access to the Platform, without prior notice, and may also lead to legal action. Users are encouraged to report any content that violates this standard for prompt review and appropriate action by SmartDoko.
SmartDoko reserves the right to monitor, moderate, and remove any content that it deems, in its sole judgment, to be in violation of this clause or any applicable law in force in Nepal, including but not limited to the Electronic Transactions Act, 2063, the E-commerce Act, 2025, and the Consumer Protection Act, 2075.
GRANT OF LIMITED AND ACCEPTABLE USE POLICY
By agreeing to these Terms of Use, SmartDoko Private Limited (hereinafter referred to as “SmartDoko”) grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its services strictly in accordance with the Terms of Use and applicable laws, rules, and regulations in force within the jurisdiction of Nepal, including the E-commerce Act, 2025.
The User expressly agrees to use the services and materials, including but not limited to product listings, images, catalogs, and content (“Materials”), solely for lawful, personal, and non-commercial purposes and in accordance with the terms outlined herein. The User shall comply with any usage limitations, copyright notices, or access restrictions imposed by SmartDoko with respect to such Materials.
The User further agrees not to:
- Use unauthorized means of access: Attempt to access or obtain materials, data, or content on the Platform through any means other than the interface provided by SmartDoko, including but not limited to the use of deep-links, robots, spiders, scraping tools, automated scripts, algorithms, or similar technological or manual processes to bypass the Platform’s navigational structure or security features.
- Undertake prohibited conduct, including but not limited to:
- Insulting, harassing, abusing, defaming, threatening, or infringing the legal rights of others;
- Impersonating any person or misrepresenting affiliation with any individual or entity;
- Engaging in any activity that disrupts, overloads, or impairs the functioning of the Platform or its infrastructure;
- Attempting to gain unauthorized access to any system, network, server, or database connected to SmartDoko, including by means of hacking, password mining, or any other unlawful method;
- Probing, scanning, or testing the vulnerability of the Platform or any related system, or breaching any security or authentication measures;
- Accessing or attempting to access user data or personal identification information belonging to others without authorization;
- Interfering with the proper functioning of any transaction or activity being conducted on the Platform;
- Using the Platform or any content therein for unlawful, prohibited, or harmful purposes;
- Deleting or altering any author attributions, proprietary notices, legal disclaimers, or other copyright information;
- Violating any code of conduct or third-party rights applicable to any services provided on the platform;
- Engaging in any conduct that violates prevailing laws and regulations of Nepal.
The User understands and acknowledges that any violation of these terms shall constitute a breach of legal obligations and may result in legal action, including but not limited to suspension or termination of access to the Platform and services, civil liability, or criminal prosecution under applicable Nepali law. The User further agrees to indemnify and hold harmless SmartDoko from and against any liability, loss, claim, or demand, including reasonable legal fees, arising out of any breach of these Terms of Use or violation of applicable law by the User.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Platform, including all content, materials, information, software, products, and services made available or provided to users through the Platform (hereinafter collectively referred to as the “Services”), are provided on an “as is” and “as available” basis, without any representations, warranties, or guarantees of any kind, whether express or implied, except as otherwise expressly specified in writing by SmartDoko Private Limited (hereinafter referred to as “SmartDoko”) or as mandated by applicable Nepalese law (such as implied warranties under the Consumer Protection Act, 2075 or the E-commerce Act, 2025, which cannot be excluded).
Without prejudice to the generality of the foregoing, and except where prohibited by law, SmartDoko makes no representation or warranty that:
- The Platform will remain uninterrupted, timely, secure, or error-free at all times;
- The Platform or its servers will be available at any particular time or location, or free from defects;
- The information or content (including product descriptions provided by sellers) made available on the Platform is accurate, complete, reliable, or up-to-date (SmartDoko relies on sellers for accuracy of their product listings);
- The Platform or the Services, including emails or other communications sent from SmartDoko, are free from viruses, malicious code, or other harmful components.
SmartDoko implements reasonable security measures but cannot guarantee absolute security. To the fullest extent permitted by applicable law, SmartDoko shall not be held liable for any indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with:
- The use or inability to use the Platform or Services;
- Any unauthorized access to or alteration of your data or transmissions;
- The conduct or content of any third party on the Platform, including sellers or other users;
- Any product or service offered or sold by third-party sellers on the Platform. SmartDoko acts as an intermediary platform, and the seller is responsible for the quality, safety, authenticity, and legality of the goods/services they offer, and for honoring any warranties or guarantees, unless SmartDoko itself is the seller.
- Any other matter relating to the Platform or the Services. SmartDoko's total liability to you for any direct damages arising from your use of the Platform or services, or from any breach of these Terms, shall be limited to the amount paid by you, if any, for the specific product or service giving rise to the claim, or a nominal sum as determined by SmartDoko if no payment was made, except where such limitation is prohibited by law.
This disclaimer and limitation of liability shall apply to the fullest extent permitted by applicable laws of Nepal, including but not limited to the Legal Provisions of Contract Law, the Consumer Protection Act, 2075 (2018), the Electronic Transactions Act, 2063 (2008), and the E-commerce Act, 2025.
Users are hereby advised to exercise their own discretion and judgment prior to relying on any information obtained through the Platform or entering into any transaction.
DISPUTE RESOLUTION CLAUSE
You and SmartDoko Private Limited (hereinafter referred to as “SmartDoko”) agree that any dispute, controversy, or claim arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, interpretation, breach, or termination, or the use of the Platform or the services provided thereunder (hereinafter collectively referred to as “Disputes”), shall be resolved in accordance with the provisions set forth below.
- Grievance Redressal: Users are encouraged to first utilize SmartDoko’s Grievance Redressal Mechanism (detailed below) for any complaints regarding products, services, or platform operations.
- Amicable Negotiation: Prior to initiating any formal legal proceedings, both parties shall make reasonable efforts to resolve such Dispute amicably through direct negotiation. Users are strongly encouraged to first contact SmartDoko’s customer support team or submit a written notice outlining the nature of the Dispute to the following email address: info@smartdoko.com or our designated grievance officer.
- SmartDoko will endeavor to resolve the issue within the timelines stipulated by applicable law (15 days for grievances under the E-commerce Act, 2025).
- Legal Recourse: If the Dispute is not resolved through Grievance Redressal Mechanism the matter shall be referred to resolution through legal recourse as available under the laws of Nepal.
- Jurisdiction: Unless otherwise agreed in writing, or an alternative forum is mandated by law for specific types of disputes, the parties agree that the competent courts of Kathmandu, Nepal, shall have exclusive jurisdiction over all disputes arising under or in relation to this Agreement or the use of the Platform and its services.
This clause shall be governed by and construed in accordance with the laws of Nepal, including but not limited to the Contract Laws, the Consumer Protection Act, 2075 (2018), the Electronic Transactions Act, 2063 (2008), and the E-commerce Act, 2025.
ALCOHOL SALES POLICY AND AGE VERIFICATION
In compliance with applicable laws of Nepal, including the National Penal (Code), 2074 (2017) and other relevant regulations governing the sale and distribution of alcoholic beverages, the following provisions shall apply to the sale of alcohol through the SmartDoko platform:
- Prohibited Acts:
It is strictly prohibited under Nepali law and under these Terms of Use:
-
- To sell or deliver alcoholic beverages to individuals under the age of 18 years.
- For any adult to purchase or attempt to purchase alcohol on behalf of an individual under 18 years of age.
- For any individual under the age of 18 years to purchase, attempt to purchase, or be supplied with alcohol, either directly or indirectly.
- SmartDoko’s Rights and Responsibilities:
SmartDoko reserves the right to:
-
- Refuse the sale or delivery of any alcoholic product if there is a reasonable belief that the purchase is intended for an individual under 18 years of age.
- Decline the transaction where an adult customer is accompanied by a minor and there is reason to believe that the alcohol may be consumed by or on behalf of the minor.
- Age Verification and Acceptable Identification:
To ensure legal compliance, customers will be required to provide valid proof of age at the time of purchase and/or delivery. Acceptable forms of identification include:
-
- A valid Government of Nepal issued Photo Identity Card (Citizenship or National ID Card);
- A valid Passport;
- A valid Photo Driving License issued by the competent authority.
SmartDoko or its delivery partners reserve the right to request verification of age and to deny delivery of alcohol in the absence of proper identification.
- Prohibition of Fraudulent Identification:
The use of forged, falsified, borrowed, or otherwise fraudulent identification documents for the purpose of purchasing alcohol is a criminal offence under Nepali law, and may result in legal action, including but not limited to referral to law enforcement authorities.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions, along with all transactions, disputes, or claims arising from or related to the use of this Platform or the services provided herein, including matters concerning their formation, interpretation, validity, performance, and termination, shall be governed by and construed in accordance with the prevailing laws of Nepal, including but not limited to the E-commerce Act, 2025, Consumer Protection Act, 2075, Electronic Transactions Act, 2063, Contract Laws, and Companies Act, 2063, without regard to any conflict of law principles that would result in the application of laws of another jurisdiction.
Any dispute or legal matter arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Nepal, as detailed Clause above. You hereby irrevocably submit to such jurisdiction for the resolution of any such disputes.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless SmartDoko Private Limited, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, sellers (to the extent a claim arises from your actions against a seller on the platform), delivery partners and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees and legal costs), arising out of or in connection with:
- Your breach or alleged breach of these Terms and Conditions, or any policies incorporated herein (including the Privacy Policy);
- Any violation of applicable laws, rules, or regulations of Nepal or any other jurisdiction by you;
- Infringement of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights, by you;
- Any misuse of the Platform or its services by you or any person accessing the Platform using your account;
- Any User Content submitted by you that is unlawful, defamatory, infringing, or otherwise objectionable; or
- Any taxes, duties, or levies for which you are responsible under applicable law related to your transactions on the Platform. This indemnity obligation shall survive the termination or expiration of your use of the Platform or any related services.
SmartDoko reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SmartDoko, and you agree to cooperate with SmartDoko’s defense of these claims.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable laws of Nepal (including specific provisions under the E-commerce Act, 2025 and Consumer Protection Act, 2075 which may prescribe specific liabilities for certain contraventions that cannot be limited), SmartDoko Private Limited, including its directors, officers, employees, agents, affiliates, subsidiaries, and representatives, shall not be held liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, business opportunity, or other intangible losses, arising out of or in connection with:
-
- The use or the inability to use the Platform or its services;
- Unauthorized access to or alteration of user transmissions or data;
- Statements or conduct of any third party on the Platform (including sellers or other users);
- The cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform;
- Any other matter relating to the Platform, whether based on contract, tort (including negligence), strict liability, statute, or otherwise, even if SmartDoko has been advised of the possibility of such damages.
SmartDoko shall not be liable for any loss or damage arising directly or indirectly from any interruption, suspension, or termination of the Platform or any services related thereto, regardless of the reason thereof, except where such interruption, suspension or termination is due to SmartDoko’s gross negligence or willful default.
SmartDoko's aggregate liability in connection with any claim arising out of or relating to the Platform or services shall in no event exceed the fees, if any, paid by you to SmartDoko for the service or product giving rise to the claim during the three (3) month period immediately preceding the date the claim arose, or a nominal sum as determined by SmartDoko if no such fees were paid, unless a higher amount is mandated by applicable law.
This limitation of liability is a fundamental element of the basis of the bargain between SmartDoko and you and shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.
TERMINATION
Without prejudice to any other legal or equitable remedies available under the prevailing laws of Nepal, or its rights under these Terms, SmartDoko Private Limited reserves the absolute right to terminate these Terms and Conditions, or revoke any or all rights granted to you under these Terms and Conditions, and/or suspend or terminate your access to the Platform, with or without prior notice, at its sole discretion, for reasons including but not limited to:
- Breach of these Terms of Use or any incorporated policies;
- Requests by law enforcement or other government agencies;
- Discontinuance or material modification of the Platform or any service offered on or through the Platform;
- Unexpected technical or security issues or problems;
- Extended periods of inactivity with respect to your account;
- Engagement by you in fraudulent or illegal activities;
- Non-payment of any fees owed by you in connection with the Platform or services.
Upon such termination, you shall immediately cease all access to and use of the Platform. In such event, SmartDoko may, without any liability to you or any third party, immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Any such termination shall be without prejudice to any accrued rights and obligations of the parties prior to the date of termination, including but not limited to payment obligations or any provisions which by their nature should survive termination (such as indemnification, limitation of liability, dispute resolution, governing law).
You acknowledge and agree that SmartDoko shall not be liable to you or to any third party for any termination or suspension of your access to the Platform. If you are dissatisfied with the Platform or any terms, conditions, rules, policies, or practices of SmartDoko, your sole and exclusive remedy is to discontinue the use of the Platform and request account closure if desired, subject to completion of any pending obligations.
SMARTDOKO REWARD POINTS POLICY
- Account Association: SmartDoko Reward Points shall be uniquely associated with the registered email address of the respective user account and are non-transferable between different user accounts.
- Usage Restriction: Reward Points can be redeemed solely for the purchase of goods or deals listed on the official website of SmartDoko (www.smartdoko.com) and cannot be exchanged for cash or transferred to third parties.
- Validity Period: The validity and expiration of Reward Points shall be determined based on the nature of the qualifying activity. SmartDoko reserves the absolute right to revise, amend, or alter the expiration period of such Reward Points, either generally or in relation to specific activities, at its sole discretion and without prior notice.
- Eligibility: Reward Points are not available to guest users. Only users who are registered members of SmartDoko and who make qualifying purchases are eligible to accrue and redeem Reward Points.
- Accrual Rate: Upon successful registration and subsequent purchases, members shall earn Reward Points equivalent to one percent (1%) of the total value of the purchase, where each point shall hold a redeemable value equivalent to 0.5% of the transaction amount in monetary terms, or as otherwise specified by SmartDoko from time to time.
- Redemption Terms: Products redeemed through Reward Points may be exchanged only in cases where the item is received in a physically damaged condition (as per the general Return and Exchange Policy), and such damage must be reported to SmartDoko within the stipulated timeframe (e.g., 24 hours) of delivery. No other exchanges or refunds shall be permitted for items redeemed solely with points, unless required by law.
- Non-compensability: SmartDoko shall not be liable to compensate any customer for expired or terminated Reward Points, and no claims for such expired points shall be entertained.
- Policy Modification: SmartDoko retains the exclusive right to modify, amend, suspend, or withdraw, in full or in part, the Reward Points program at any time and without prior notice. This includes changes to the terms of use, accrual rates, redemption methods, or substitution of the program with another of similar or different nature.
- Acceptance of Terms: By utilizing the Reward Points, users shall be deemed to have accepted and agreed to be legally bound by these Terms and Conditions, in addition to the general Terms of Use of the SmartDoko platform.
- Disqualification and Misconduct: SmartDoko reserves the right to disqualify or restrict any user from participating in or benefiting from the Reward Points program, and forfeit any accrued points, in the event of suspected fraudulent activity, abuse of the system, or breach of these Terms. In such cases, legal action may be initiated against the concerned individual in accordance with applicable laws of Nepal.
RETURN, REFUND, AND EXCHANGE POLICY
This Return, Refund, and Exchange Policy ("Policy") is applicable to goods and services purchased through the SmartDoko Platform and forms an integral part of the Terms of Use. It is designed in compliance with the E-commerce Act, 2025, and the Consumer Protection Act, 2075.
- Right to Return Goods/Services:
You may return goods or services purchased if they do not conform to the details (e.g., description, specifications, quality) provided by SmartDoko or the seller on the Platform at the time of purchase.
a. Condition for Return:
Goods must be returned without using or damaging them, in their original, saleable condition, with all original tags, packaging, labels, manuals, accessories, and any freebies intact. Services that have commenced with your consent may not be eligible for return/refund unless non-conforming.
b. Timeframe for Return Request:
You must notify SmartDoko of your intent to return a product within seven (7) calendar days from the date of delivery or service completion, unless a shorter return period is specified for certain product categories. Please note that perishable goods are non-returnable once sold.
C. Process:
To initiate a return, please contact our Customer Grievance Officer through the channels specified in the "Grievance Redressal Mechanism" section, providing your order details and reason for return with supporting evidence (e.g., photographs of damage or non-conformity).
2. Refund or Exchange:
A. Upon acceptance of the returned goods/services (after inspection to confirm eligibility), SmartDoko or the seller shall take back the returned goods/services.
B. You will be entitled to a full reimbursement of the amount paid (including the product price and any taxes paid). This reimbursement will be processed to your original mode of payment within 7-14 working days after the returned item is received and verified, unless an exchange for another product is mutually agreed upon.
C. Delivery charges may be refunded if the return is due to an error on SmartDoko's or the seller's part (e.g., wrong item, defective item, item not as described). For returns due to a change of mind (where permitted), delivery charges may not be refundable, and return shipping costs may be your responsibility.
3. Circumstances Where Goods/Services May Not Be Returned or Exchanged:
Consistent with the Consumer Protection Act, 2075, and practical considerations under the E-commerce Act, 2025, goods/services once sold may not be returned or exchanged under the following circumstances, unless they are defective or do not conform to provided details:
- If the quality, nature, or structure of the good has been altered or damaged by the consumer.
- If the deadline for use (expiry date) has passed after purchase while in consumer's possession.
- Perishable goods (e.g., fresh food, flowers) are not eligible for return or refund once sold and delivered.
- Goods that cannot be resold for hygiene reasons once unsealed or used (e.g., undergarments, cosmetics, personal care items, swimwear, earrings).
- Custom-made or personalized goods.
- Digital products or services (e.g., software, e-books, subscriptions) once downloaded, accessed, or commenced with your consent.
- Date-specific items like event tickets if the event date has passed or is imminent.
- Any product returned without original packaging, accessories, or in a used/damaged condition not attributable to initial defect or transit damage.
- Products explicitly marked as "non-returnable" or "final sale" on the product page, provided this does not override statutory rights for defective goods.
4. Damaged, Defective, or Incorrect Items:
If you receive a product that is physically damaged, defective, or different from what you ordered:
- You must notify SmartDoko within twenty-four (24) hours of delivery.
- Notification must be through official channels with clear photographic or video evidence.
- SmartDoko will arrange for a pick-up (where feasible) or advise on the return process. Upon verification, a replacement (subject to availability) or full refund will be provided.
5. Manufacturer's Warranty:
If a product comes with a manufacturer's warranty, claims related to defects covered under such warranty should be directed as per the warranty terms, often directly to the manufacturer or their authorized service center. SmartDoko will provide reasonable assistance in facilitating such claims where appropriate.
6. No Cash Refunds (for mode of payment)
While full reimbursement is provided for eligible returns, refunds will be processed to the original mode of payment (e.g., bank account, card, digital wallet). Cash refunds are generally not provided for online payments. For Cash on Delivery orders, refunds may be processed via bank transfer or digital wallet after obtaining necessary details. SmartDoko reserves the right to amend this Policy at its sole discretion. Any such changes will be updated on the Platform.
MINIMUM ORDER
The order will not get processed if the total cart value is less than NRs 250 (excluding delivery charges and other applicable fees). SmartDoko reserves the right to change this minimum order value at any time without prior notice.
ORDER CANCELLATION POLICY
This Order Cancellation Policy is compliant with the E-commerce Act, 2025, and forms part of the Terms of Use.
- Cancellation by Customer:
a. Eligibility:
Customers shall have the right to cancel their order at any time prior to the dispatch or shipment of the product from SmartDoko's or the seller's warehouse/location.
b. Process:
To cancel an order, log into your SmartDoko account, go to your order history, and select the option to cancel. Alternatively, you may contact our Customer Support team promptly through the channels provided on the Platform.
c.Charges
No cancellation charges will be levied if the cancellation request is accepted before the order is dispatched.
d. Post-Dispatch:
Once the product has been shipped or is in the process of delivery (i.e., out for delivery), cancellation requests will generally not be entertained. In such cases, you may need to receive the product and then initiate a return as per our "Return, Refund, and Exchange Policy" if eligible.
2. Non-Cancellable Orders:
Certain orders may be non-cancellable once placed. This may include, but is not limited to:
- Perishable goods.
- Customized or made-to-order items.
- Digital products or services once access is provided or download has commenced.
- Items explicitly marked as "non-cancellable" on the product page. Any such restrictions will be indicated at the time of purchase.
3. Cancellation by SmartDoko/Seller:
SmartDoko or its sellers reserve the right to cancel any order, in whole or in part, before dispatch for reasons including, but not limited to:
- Unavailability of the product or raw materials.
- Errors in product listing, pricing, or promotional offers.
- Failure to meet payment verification requirements.
- Detection of fraudulent or suspicious activity.
- Delivery to an unserviceable location.
- Violation of these Terms of Use.
- Force majeure events.
In case of cancellation by SmartDoko or the seller, you will be notified, and if any payment has been made, a full refund will be processed to your original mode of payment within 7-14 working days.
4. Refund for Cancellations:
For prepaid orders successfully cancelled by you before dispatch, or cancelled by SmartDoko/seller, the refund amount will be processed to your original payment method as per our standard refund timelines. SmartDoko reserves the right to accept or reject any cancellation request that does not meet the above criteria, at its sole discretion, subject to applicable laws.
GRIEVANCE REDRESSAL MECHANISM
SmartDoko is committed to providing a fair, transparent, and effective mechanism for addressing User grievances in compliance with the E-commerce Act, 2025, and the Consumer Protection Act, 2075.
- Lodging a Grievance/Complaint:
Users (buyers or consumers) can lodge complaints or grievances regarding purchased goods or services, or any aspect of the Platform’s operation, through the following accessible avenues:
- Online Grievance Redressal Portal/Form: Via the dedicated "Lodge a Grievance" or "Contact Us" section on our Platform (www.smartdoko.com or SmartDoko mobile app). This is our primary online grievance redressal mechanism.
- Email: By sending an email to our email customer.service@smartdoko.com. mentioned in our platform.
- Telephone: By calling our dedicated Grievance/Customer Support number at 9779801013311 during business hours 10 AM - 5 PM, Sunday-Friday.
- For complex issues, an in-person meeting may be arranged by prior appointment at our registered office:
- Written Letter: By sending a letter to our mail address at the registered office address mentioned above. When lodging a complaint, please provide: Your full name, contact number, and email address. Order ID and product/service details. A clear description of the grievance. Supporting evidence (e.g., photos, videos, bills, screenshots), if any.
2. Acknowledgment and Registration
Upon receipt of a complaint through any of the above channels, SmartDoko shall register the complaint. An immediate acknowledgment (within 24-48 working hours) will be provided to the complainant, along with a unique complaint reference/ticket number for tracking purposes. This acknowledgment will typically be electronic (email or SMS).
3. Investigation and Resolution:
SmartDoko will conduct a thorough investigation into the matter raised in the complaint
- We will endeavor to provide a decision or resolution to the complainant within fifteen (15) calendar days from the date of receipt of the complaint.
- If the complaint requires more time for resolution due to complexity, the complainant will be informed of the delay and the expected timeline.
4. Escalation:
If you are not satisfied with the resolution provided by our initial support or Grievance Officer, you may request an escalation. Details for escalation will be provided by the Grievance Officer if necessary.
5. Consumer Protection Rules:
In addition to this mechanism, consumer protection rules prescribed by the existing Consumer Protection Act, 2075, shall also apply to e-commerce sales, primarily those relating to product quality, labels, return policy, pricing, inspections, dispute resolution, and protection of consumer rights and interests. SmartDoko is committed to continuous improvement of its grievance redressal process to ensure user satisfaction and compliance with all applicable laws.
THIRD PARTY ADVERTISEMENTS AND PROMOTIONAL CONTENT
Certain sections of the SmartDoko platform may feature advertisements, promotional materials, or other content submitted by third parties, including brands, external advertisers, or customers. The responsibility for ensuring that such materials comply with all applicable international and national laws rests solely with the party submitting the information or material. SmartDoko requires such third parties to ensure their content is not misleading, false, or in violation of any law.
Any communication, business transactions, or promotional activities that you engage in with third-party advertisers (excluding SmartDoko) on or through the SmartDoko platform including, but not limited to, payments, deliveries, and the provision of associated goods or services are strictly between you and the third-party advertiser. These dealings are subject to any additional terms, conditions, or guarantees set forth by the third party.
SmartDoko expressly disclaims any liability for errors, omissions, inaccuracies, or misstatements in any advertising content, as well as for any loss, damage, or inconvenience arising out of or in connection with such interactions or the presence of third-party advertisements on the SmartDoko platform, except where SmartDoko has directly contributed to such error or misstatement. SmartDoko does not endorse any third-party products or services advertised unless explicitly stated.
CUSTOMER COMMENTS, REVIEWS AND RATINGS
For the purposes of this agreement, the term "Comments" encompasses a broad range of content, including but not limited to reviews, feedback, comments, photos, audio, video, location data, local business information, and any other data or information. This definition extends to any content you submit, upload, post, or transmit in connection with the products or services offered by SmartDoko, including but not limited to likes, ratings, messages, chat conversations, profile data, and any other materials shared on the SmartDoko platform or displayed in your account profile.
Any Comments you share, submit, disclose, post, or make available through the SmartDoko platform, or in any way connected to the use of the SmartDoko platform and services, will, to the extent permitted by law, become the property of SmartDoko. By submitting Comments, you grant SmartDoko and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, assignable, sub-licensable, and transferable license to use, publish, display, copy, distribute, translate, reformat, promote, and create derivative works from your Comments and associated intellectual property, for any purpose, including marketing, advertising, and commercial uses, subject to our Privacy Policy.
This license includes, but is not limited to, the right to copy, exhibit, distribute, translate, reformat, publish, share, incorporate into marketing materials and advertisements, analyze, promote, commercialize, and create derivative works from the Comments, and permit third-party services to do the same. You also consent to the use of your name or username in connection with your Comments.
By submitting Comments, you waive any and all moral rights or claims of attribution related to those Comments to the extent permissible by law, and you acknowledge that SmartDoko may use your Comments in any manner, without limitation, and in any medium, now known or hereafter developed, without the need for compensation or further consent from you, except as required by law.
SmartDoko reserves the right to review, edit, remove, or refuse to post any Comments, at its sole discretion, for any reason, including but not limited to if the Comments violate the Terms of Use (especially the "User Generated Content and Conduct" section), infringe upon the rights of third parties, are deemed harmful, offensive, fake, misleading, or inappropriate.
Specifically, posting fake reviews, whether positive for oneself/affiliates or negative for competitors, or impersonating a consumer for such purposes, is strictly prohibited as per the E-commerce Act, 2025 and these Terms.
You represent and warrant that:
- You are the sole author of your Comments and that you have the necessary rights to submit the Comments.
- The Comments are original and have not been copied from any third-party source, unless properly attributed and permitted.
- The Comments do not violate any third-party intellectual property rights, including copyrights or trademarks, or any privacy or other personal rights.
- The Comments do not contain harmful, illegal, threatening, abusive, defamatory, or otherwise offensive content, including spam, viruses, or political campaign content, and are not false or misleading.
- You have not used any automated tools, such as bots, to submit your Comments in a deceptive manner.
You accept full responsibility for the content of your Comments, including any personal information that could identify you if you choose to include it. You also agree to indemnify SmartDoko from any claims, losses, or damages arising from your Comments, including any claims made by third parties.
While SmartDoko reserves the right to remove or modify any Comments at its discretion, we do not guarantee the accuracy, integrity, or quality of any user-submitted Comments. You acknowledge that any reliance on Comments is at your own risk, and SmartDoko is not liable for any consequences resulting from reliance on or use of such Comments.
You agree that SmartDoko may, at its sole discretion, remove or restrict access to any Comments that it deems to be objectionable, violate these Terms of Use, or cause harm to the platform or its users, without prior notice. You further acknowledge that SmartDoko is not obligated to return any Comment or content to you under any circumstances.
SmartDoko does not generally mediate disputes between users or sellers and reviewers regarding subjective opinions in reviews. However, if a seller believes that a review violates any of SmartDoko’s policies (e.g., is fake, contains prohibited content), they may report it to customer.service@smartdoko.com. SmartDoko reserves the right, at its sole discretion, to investigate and remove any review that is found to violate these Terms of Use or applicable law.
CUSTOMER FEEDBACK
By submitting any ideas, suggestions, modifications, or documents related to the operations of SmartDoko (collectively referred to as "Feedback"), you acknowledge and agree to the following terms:
- No Confidential Information: You represent and warrant that your Feedback does not include any confidential, proprietary, or secret information belonging to you or any third party that you are not authorized to disclose.
- Non-Confidentiality: You acknowledge that SmartDoko is not under any obligation to maintain the confidentiality of such Feedback and may use, disclose, or exploit the Feedback without any restrictions, except as governed by our Privacy Policy regarding any personal information included.
- Prior Receipt of Similar Feedback: You recognize that SmartDoko may have already received similar Feedback from other users or may already be considering or developing ideas similar to the Feedback provided by you.
- License Grant: By submitting your Feedback, you grant SmartDoko a binding, non-exclusive, royalty-free, perpetual, worldwide, irrevocable license to use, develop, publish, distribute, and sublicense the Feedback, including the right to adapt, modify, and create derivative works based on the Feedback, in any manner deemed appropriate by SmartDoko, for any purpose whatsoever, without any compensation to you.
- Waiver of Claims: To the extent permitted by law, you irrevocably waive any and all claims, actions, or assertions against SmartDoko, its affiliates, and its customers with respect to the use of your Feedback, including but not limited to claims of infringement of intellectual property rights or rights to compensation.
You are advised to provide specific and constructive feedback regarding SmartDoko’s current products and services and to refrain from submitting suggestions or ideas that fall outside of the scope of SmartDoko’s policies.
Notwithstanding the above, SmartDoko and its employees do not accept or acknowledge unsolicited proposals, including but not limited to ideas for new advertising strategies, promotional activities, product enhancements, technological innovations, product names, marketing strategies, or other creative works. Therefore, we request that you refrain from submitting any unsolicited ideas, creative works, suggestions, or contributions (hereinafter collectively referred to as “Submissions”) in any form to SmartDoko or its employees.
This policy is intended to avoid any potential misunderstandings or disputes that may arise if the products, services, or marketing strategies of SmartDoko are found to resemble ideas or submissions previously provided by you.
If you choose to submit any ideas or materials despite our request not to do so, the following terms shall govern your Submission:
- Ownership: You agree that SmartDoko will automatically own all rights to your Submission and any content therein, without any obligation to provide compensation to you.
- Right to Use and Distribute: SmartDoko shall have the exclusive right to use, reproduce, adapt, modify, distribute, publish, and otherwise exploit the Submission and its contents for any purpose and in any manner, at its sole discretion.
- No Obligation to Review: SmartDoko shall not be required to assess, review, or respond to your Submission.
- No Confidentiality Obligation: SmartDoko is not obligated to maintain the confidentiality of any Submission you provide. By submitting any Feedback or Submission, you acknowledge and agree to these terms and conditions.
INTELLECTUAL PROPERTY
SmartDoko and its brand/seller partners retain all intellectual property rights to all text, programs, products, processes, technology, images, content, and other materials displayed on the SmartDoko Platform (collectively referred to as "Intellectual Property"). Accessing or using the SmartDoko Platform does not grant any license, sub-license, or right to use this Intellectual Property in any way, except for the limited license to access and use the Platform as set out in these Terms. All rights, including copyright and other intellectual property rights associated with the SmartDoko Platform, are owned by or licensed to SmartDoko. Any use of the SmartDoko Platform or its Intellectual Property, including but not limited to copying, storing, or reproducing any part of it for purposes other than personal, non-commercial use, is strictly prohibited unless explicit prior written consent is obtained from SmartDoko.
You are not authorized to modify, distribute, publicly display, or repost any content from the SmartDoko Platform for any reason without express permission. The names, logos, product names, service names, design marks, and slogans used on the SmartDoko Platform are trademarks or service marks owned by or licensed to SmartDoko, its group companies, affiliates, or its partners and suppliers/service providers. Other marks appearing on the SmartDoko Platform are the trademarks or service marks of their respective owners. No license or right to use any trademark or service mark displayed on the SmartDoko Platform is granted, either expressly or by implication.
Access to or use of the SmartDoko Platform does not authorize any user to use any name, logo, or mark in any manner. Mentions of third-party names, marks, products, services, or hypertext links to third-party websites or content are provided solely for convenience and, where applicable, with consent from the third parties. These mentions or links do not necessarily imply SmartDoko’s endorsement, sponsorship, recommendation, or affiliation with such third parties or their products, services, or content unless explicitly stated.
A. Third-Party Content
The SmartDoko Platform may contain third-party content (including embedded content) or links to external web pages, applications, products, and services, including advertisements and promotions (collectively referred to as "Third-Party Content"). Such Third-Party Content is provided for informational purposes only. SmartDoko does not control, endorse, or verify the accuracy of all Third-Party Content, and the inclusion of any link or reference to third-party content does not imply any affiliation, endorsement, or recommendation by SmartDoko unless explicitly stated.
We do not guarantee the accuracy, completeness, or reliability of Third-Party Content, and you acknowledge and agree that SmartDoko is not liable for any claims, losses, or damages arising from your use of or reliance on any Third-Party Content, to the extent permitted by law. SmartDoko is not responsible for the content, accuracy, legality, or practices of third-party websites or services. If you choose to access links to any third-party websites or services, you do so at your own risk and expense, and SmartDoko shall not be liable for any damages arising from such access.
B. Intellectual Property Rights Infringement
SmartDoko values the intellectual property rights of all individuals and entities and complies with applicable laws. If you believe that your intellectual property rights have been infringed upon by any content on the Platform, you are encouraged to report the alleged infringement by contacting customer.service@smartdoko.com. or through our designated IP infringement reporting mechanism, providing all necessary details and proof of ownership/authorization.
Upon receiving your notice, SmartDoko will promptly review the matter and may take appropriate action in accordance with relevant laws and our internal policies, which may include removing or disabling access to the allegedly infringing material. You may be contacted for further information regarding your claim. Please be aware that submitting inaccurate, false, or misleading claims of infringement to SmartDoko may result in legal liability for you. By submitting any notice or communication to SmartDoko regarding an alleged intellectual property infringement, you agree to indemnify and hold SmartDoko harmless against any claims made by third parties arising from or related to that submission, if your submission is found to be knowingly false or misleading.
INFORMATION DISCLOSURE AND DATA PRIVACY
To safeguard against the loss, misuse, unauthorized access, disclosure, or alteration of the information under our control, SmartDoko has implemented appropriate physical, electronic, and managerial measures as required by applicable law, including the E-commerce Act, 2025, and Nepal's privacy laws. Our data handling practices are detailed in our Privacy Policy, which is an integral part of these Terms. While SmartDoko makes every effort to maintain the confidentiality of your personal information, you acknowledge and agree that no data transmission over the internet or electronic storage can be guaranteed to be 100% secure. Therefore, by using the SmartDoko Platform, you understand and accept that SmartDoko shall not be held liable for any disclosure of your information arising from transmission errors or unauthorized access or actions by third parties that are beyond our reasonable control, except where such disclosure is due to SmartDoko's negligence or failure to implement mandated security standards.
We will transfer or use your personal data or personally identifiable information related to e-commerce only in accordance with the law and our Privacy Policy, with exceptions for transaction-related data transfers necessary to fulfill your order or as required by law. You have the right to access, correct, or request deletion of your personal details, and to disable certain sources of your identification, as detailed in our Privacy Policy and as permitted by law.
Call Recording
SmartDoko may record communications, including calls with our customer support or delivery partners, either directly or through third-party service providers, for purposes such as quality assurance, training, dispute resolution, security, and improving service delivery. By interacting with us via phone or other communication channels that may be recorded, you consent to such recording. These recordings may be used for internal purposes and shared with authorized personnel, delivery partners, or relevant entities for the stated purposes, or with governmental/regulatory authorities if required by law. You will be notified if a call is being recorded where required by law.
MISREPRESENTATION
SmartDoko accepts no responsibility or liability for any communications not officially authorized or issued by the company regarding offers, promotions, sales, or any other business activities. This includes, but is not limited to, any fraudulent activities or misrepresentations made by third-party administrators, imposters, or unauthorized individuals, which may result in loss, harm, or injury to users.
Users are hereby notified that SmartDoko does not operate unauthorized call centers and does not provide any landline, mobile number, email address, social media accounts, or other electronic means of communication, except as specified in these Terms and Conditions or on our official Platform. Therefore, users are urged to exercise caution and vigilance against unauthorized individuals, fraudsters, or impostors who may falsely claim to represent SmartDoko.
For legitimate inquiries, users may contact SmartDoko through the following official channels:
- Email: customer.service@smartdoko.com
- Official contact numbers listed on the Platform. SmartDoko will never request sensitive information such as your full credit/debit card number, CVV, PINs, or OTPs (One-Time Passwords) via unsolicited phone call, email, or any other form of communication for purposes unrelated to a transaction you initiated. If you receive any such request, you are advised not to respond or share any confidential information.
- Please protect your personal details and refrain from disclosing them to anyone claiming to be a representative of SmartDoko through unofficial channels. Should you encounter any suspicious activity or believe you have been contacted by unauthorized individuals, please report the matter immediately to customer.service@smartdoko.com or our Grievance Officer.
ACKNOWLEDGMENT AND AGREEMENT
By using the SmartDoko Platform and placing an order, you acknowledge, agree, and confirm the following:
A. Delivery Information and Payment Responsibility:
You are solely responsible for providing accurate and complete delivery information, including the recipient's name, full address (with landmarks if necessary), and active contact details. You are also responsible for making payments for all orders placed through your account, regardless of whether the delivery is to your own address or to a third party. SmartDoko shall not be held liable for any issues, including delays, non-delivery, refund, or cancellation requests, arising from incorrect or incomplete delivery details provided by you.
B. Delivery Timeframes and Conditions:
- SmartDoko will display estimated delivery times and dates for your order. While we and our sellers/delivery partners strive to meet these estimates, they are not guaranteed and are subject to change.
- Orders placed before 9:00 AM will be eligible for same-day delivery between 3:00 PM and 7:00 PM.
- Orders placed after 9:00 AM will be delivered on the next working day within the same time window (3:00 PM to 7:00 PM).
- Deliveries will not be made on Saturdays or public holidays.
- For delivery locations outside the Kathmandu Valley, deliveries will typically occur within three to four working days from the order confirmation date.
- If an ordered product is unavailable at the time of processing, SmartDoko will contact you to discuss possible alternatives or order cancellation. Upon mutual consent, revised delivery will be scheduled for the next working day.
C. Delivery Issues and Re-delivery:
If any product delivery is delayed, returned, or cannot be completed due to factors attributable to you (such as incorrect name or address, recipient's unavailability despite prior notification, refusal to accept the order without valid reason under our Return Policy), SmartDoko shall not be liable for such non-delivery or delay. Any costs incurred by SmartDoko for re-attempting delivery or returning the product under these circumstances may be your responsibility and may be charged to you.
D. Delivery Delays (Force Majeure and Other Factors):
While SmartDoko strives to fulfill orders within the specified timeframe, delivery times are subject to change. Delays may occur due to factors beyond SmartDoko’s or the seller’s reasonable control, such as (but not limited to) acts of God, natural disasters, pandemics, strikes, lockouts, political unrest, bandhs, government restrictions, traffic congestion, adverse weather conditions, or issues related to your provided delivery location (e.g., inaccessibility). Additional delays may occur if you are unresponsive or if delivery partners encounter unforeseen challenges. SmartDoko will endeavor to communicate significant delays.
E. Responsibility upon Delivery:
Delivery will be considered complete when the product is delivered to the address you provided, to you or a person available at that address who accepts the delivery. If you instruct the delivery partner to leave the order at an unattended location (e.g., doorstep, with a neighbor, security guard), you assume full responsibility and risk for the products from that point. In such cases, you may not be entitled to claim any refund or compensation from SmartDoko for any loss, damage, theft, or deficiency in the products or services, unless such loss is proven to be due to prior mishandling by SmartDoko or its delivery partners. SmartDoko is not liable for issues arising from unattended deliveries, including theft, tampering, contamination, or temperature changes that affect the products. You are responsible for verifying the goods upon receipt and promptly filing any complaints as per the Grievance Redressal Mechanism.
F. Delivery Charges:
Delivery charges, if applicable, are determined based on factors such as delivery location, order value, product category, weight, and volume. The applicable standard delivery fee will be clearly communicated to you on the product page or at the checkout stage before you confirm your order. Additional charges may be incurred under certain circumstances, such as deliveries to remote or difficult-to-reach areas, requests for expedited shipping (if available), handling of oversized or overweight items, repeated delivery attempts due to your unavailability, or changes to the delivery address after order confirmation and dispatch. Any such additional charges will be communicated to you for your consent before being applied.
G. Non-Refundable Delivery Charges (with exceptions)
All delivery charges, including standard and additional fees, are generally non-refundable. However, delivery charges will be refunded if:
- The order is cancelled by SmartDoko or the seller before dispatch.
- The product delivered is incorrect, defective, or significantly not as described, and you opt for a refund as per our Return Policy.
- SmartDoko fails to deliver the order due to its own fault.
H. Jurisdiction:
This agreement is governed by the laws of Nepal, and any disputes arising in relation to this provision shall be subject to the exclusive jurisdiction of the competent courts of Nepal.
I. Cash-on-Delivery (COD) Orders:
For COD orders, you are responsible for ensuring that the correct and exact amount as per the invoice is paid to the delivery partner at the time of delivery. SmartDoko or its delivery partners may not be able to provide change. Any discrepancies in the payment amount made by you will be your responsibility to resolve. SmartDoko reserves the right to limit or suspend COD facility for certain users, products, or locations.
J. Adherence to Applicable Laws:
You agree to use the SmartDoko Platform and Services only for legitimate and lawful purposes and in compliance with all applicable laws and regulations of Nepal. You are responsible for providing accurate and truthful information when requested. SmartDoko reserves the right to verify and confirm your details at any time.
K. False or Misleading Information:
If SmartDoko discovers that any information provided by you is false, misleading, inaccurate, or incomplete, it reserves the right, at its sole discretion, to refuse registration, cancel any orders, and prohibit you from accessing its Services or affiliated services in the future without notice or liability.
L. Use of the SmartDoko Platform at Your Own Risk:
You acknowledge that you are accessing the Services provided by SmartDoko and engaging in transactions at your own risk. You should exercise your own best judgment and due diligence before proceeding with any transaction on the SmartDoko Platform.
M. Service Charges & Other Fees:
Transactions on the SmartDoko Platform may incur additional charges, including delivery fees, handling charges, convenience fees (for certain payment methods), surge charges (due to high demand, adverse weather, or specific times), and other applicable fees ("Service Charges"). These charges, if any, will be clearly communicated to you on the product page or at the checkout stage before you place the order. By placing an order, you agree to pay for these Service Charges, which may vary. SmartDoko may also offer credits, discounts, promo codes, or other forms of cashback at its discretion. These offers may be changed or discontinued by SmartDoko at any time.
N. Product Review and Confirmation of Contract:
Before placing an order, you confirm that you have thoroughly reviewed the product description, its price, any associated charges, delivery terms, return and cancellation policies, and any specific conditions of sale. Placing an order constitutes your offer to purchase the product(s) under these Terms, and acceptance by SmartDoko/seller forms a binding electronic contract.
O. Offensive or Objectionable Content Disclaimer:
You acknowledge that, while using the SmartDoko Platform, you may come across content (e.g., in user reviews or product descriptions from third-party sellers) that some individuals may find offensive, indecent, or objectionable. Your use of the SmartDoko Platform is at your own risk, and, to the extent permitted by applicable law, SmartDoko and its affiliates will not be held liable for any content that may be found objectionable, unless such content is directly attributable to SmartDoko and violates applicable laws.
P. Changes to Services:
SmartDoko reserves the right to modify, pause, cancel, or discontinue any product or service offered on the platform at any time, with or without prior notice, subject to completion of existing contractual obligations. This may also include changes to content, features, or other aspects of the platform.
Q. Automatic Updates:
You agree that SmartDoko, or the relevant software store, may automatically check for and install updates or upgrades to the SmartDoko Platform software as necessary to maintain or improve functionality, security, or compliance. Such updates are considered part of the Services.
R. Research and Experiments
SmartDoko may conduct research, surveys, and experiments to improve the user experience, and some users may experience features differently at any given time. These efforts aim to enhance the platform’s user-friendliness, safety, security, and the development of new services. Your participation may be voluntary or part of general platform usage.
TERMS AND CONDITIONS FOR EMI
These terms and conditions (“EMI Terms”) govern the use of the Equated Monthly Installments (“EMI”) facility for transactions on the SmartDoko Platform. These EMI Terms are supplemental to and do not replace the general terms and conditions applicable to the use of the SmartDoko Marketplace. By selecting the EMI option for your transaction, you (“You” or the “Customer”) agree to comply with these EMI Terms.
A. Eligibility for EMI Facility:
The EMI payment method is available for approved purchases made on the SmartDoko Marketplace, provided that such purchases comply with the value limits set by your issuing bank and the EMI facility is available from that bank for your specific card and for the transaction value.
B. Exclusions:
The EMI facility is not applicable to purchases made via certain payment methods like Esewa net banking (unless specified by the bank), prepaid payment instruments, or cash on delivery methods.
C. Combining Purchases for EMI:
You may combine products from different third-party sellers or brands on the Marketplace into a single transaction, provided that the total value meets the minimum threshold and does not exceed the maximum limit i,e. NPR 250,000, or as set by the bank) for EMI conversion. This combined transaction can then be converted into an EMI, if eligible.
D. Issuing Bank’s Role:
The EMI facility is offered and administered solely by the respective issuing banks. SmartDoko is not involved in the approval, extension, pricing (including interest rates, processing fees, and taxes), modification, pre-closure, closure, repayment, or any other matters concerning the EMI facility. All such decisions are at the sole discretion of the issuing bank and are subject to their terms and conditions.
E. Your Responsibility with the Issuing Bank:
You acknowledge that you are bound by the terms and conditions set forth by the issuing bank providing the EMI facility. For any inquiries, complaints, or disputes related to the EMI facility or any EMI transactions (including interest rates, fees, tenure, foreclosure charges), you agree to directly contact the issuing bank.
F. Accuracy of EMI Information:
SmartDoko endeavors to present accurate EMI-related information (e.g., tentative EMI amounts, tenures, interest rates) for your purchases based on the data provided by the issuing banks. However, this information is provided on an “as is” and indicative basis. You acknowledge that the issuing banks are the definitive source of this information. SmartDoko shall not be liable for any disputes arising from inaccuracies or discrepancies in the EMI details displayed on the SmartDoko Platform. Any questions regarding the EMI facility should be directed to the issuing bank.
G. Order Cancellation and Refunds for EMI Transactions:
- If you cancel your order before the product is shipped and before the EMI conversion is fully processed by the issuing bank, you will typically be entitled to a full refund of the purchase amount from SmartDoko, and the EMI plan may not be activated.
- If you cancel your order after the product is shipped and the EMI has been established and processed by the issuing bank, or if you return a product purchased on EMI, the refund process will be subject to SmartDoko's Return Policy and the issuing bank's EMI cancellation/refund policies.
- You may not be eligible for a refund of any interest already charged by the bank, processing fees, or taxes levied by the bank in connection with the EMI facility. The principal amount will be refunded to your card, and you should coordinate with your bank for the cancellation of the EMI.
H. Right to Discontinue EMI Facility:
You understand and accept that SmartDoko reserves the right to discontinue the availability of the EMI facility from any or all banks on the Marketplace at any time, without prior notice, and may modify these EMI Terms at its sole discretion.
I. Communication of Bank-Specific Terms:
Any specific terms and conditions related to the EMI facility provided by the issuing bank will be communicated to you through the Platform interface, push notifications, hyperlinks, SMS, email, or other written formats by either SmartDoko (based on information from banks) or the respective issuing bank at the time of opting for the EMI facility. It is your responsibility to review these bank-specific terms.
J. Limitations of Liability:
You acknowledge and agree that SmartDoko is solely facilitating access to the EMI options provided by the issuing banks. SmartDoko shall not be responsible or liable for any matters related to the EMI facility itself, including but not limited to its approval, interest rates, fees, tenure, restructuring, refunds/returns processing by the bank, foreclosures, or any other issues arising from the EMI facility, which are solely between you and the issuing bank.
These EMI Terms are legally binding and are subject to modification by SmartDoko at its discretion. Please ensure that you review these terms before proceeding with any EMI transactions on the SmartDoko Platform.
PROMOTIONAL TERMS AND CONDITIONS
These Promotional Terms (“Terms”) shall apply to all promotional campaigns, offers, discounts, and incentives (collectively, the “Offer”) made available by SmartDoko Private Limited (“SmartDoko”) on its website and mobile application platform (the “SmartDoko Platform”) from time to time. By participating in any Offer, you (the “Eligible Customer”) expressly agree to be bound by these Terms in addition to the general Terms and Conditions of Use, Privacy Policy, and any campaign-specific conditions communicated by SmartDoko or its authorized third parties.
A. Eligibility and Offer Period:
- The Offer shall be open only to customers who fulfill the eligibility criteria set by SmartDoko or its campaign partners for the specific Offer.
- The availability and duration of any Offer shall be determined solely by SmartDoko and may be withdrawn, suspended, or modified at its sole discretion at any time, without prior notice or liability.
B. Conditions of Use:
- In cases where the Offer is subject to a minimum order value or linked to particular product categories or services, it shall stand automatically revoked if the Eligible Customer:
A. Cancels the order (in whole or in part),
B. Initiates a return or refund for the qualifying product(s) that brings the order below the Offer threshold, or
C. Fails to meet the underlying conditions of the Offer.
2. Once the Offer benefit, prize, or voucher has been redeemed or availed, the associated order(s) or product(s) may become non-returnable and non-refundable, or subject to specific return conditions as specified in the Offer terms.
C. Third-Party Involvement:
- SmartDoko shall not be liable for the actions, omissions, services, products, vouchers, or communication provided by any third party in relation to the Offer, unless such third party is acting as a direct agent of SmartDoko for Offer fulfillment.
- Eligible Customers consent to the sharing of their necessary personal or transactional information (“Information”) with such third-party service providers for the limited purpose of Offer fulfillment. This Information shall be governed by the privacy policies of such third parties, and SmartDoko disclaims all liability in this regard, provided SmartDoko has complied with its own Privacy Policy in sharing such data.
D. Territorial Restrictions:
- Participation in any Offer is restricted to residents of Nepal, using a billing address and account settings on the SmartDoko Platform that reflect Nepal as the customer’s primary location, unless specified otherwise in the Offer terms.
E. Non-Transferability:
- The Offer is non-transferable, non-refundable, and cannot be exchanged for cash or alternative benefits, unless explicitly stated otherwise.
- Offers may not be combined with any other ongoing promotions, discounts, or schemes unless explicitly permitted by SmartDoko.
F. Communication of Benefits:
- Details of the Offer, such as the nature of the benefit, voucher code, or prize, will be communicated to Eligible Customers through appropriate means including, but not limited to, display on the Platform, email, SMS, Whatsapp, or in-app notifications.
G. Disqualification and Termination:
SmartDoko reserves the right, at its sole discretion and without liability, to disqualify any Eligible Customer from any Offer, and/or cancel, suspend, or alter the Offer if it reasonably believes that the customer has:
- breached any of these Terms, campaign-specific terms, or other applicable policies;
- engaged in fraudulent, misleading, abusive, or dishonest behavior;
- tampered with the Offer process or interfered with its administration; or
- Otherwise acted in bad faith or in a manner detrimental to the interests of SmartDoko.
H. Limitation of Liability:
By participating in the Offer, Eligible Customers acknowledge and agree that, to the extent permitted by law:
- SmartDoko, its affiliates, directors, employees, and agents (“SmartDoko Parties”) shall not be liable for any indirect, incidental, special, or consequential loss or damage (including data loss, identity theft, or misuse of benefits) arising from or related to the Offer; and
- SmartDoko shall not be responsible for resolving any disputes between the Eligible Customer and third parties involved in Offer fulfillment, where SmartDoko is not directly providing the third-party service.
I. Amendments:
SmartDoko reserves the right to amend, update, modify, suspend, or terminate these Terms or any Offer, in whole or in part, at any time without prior notice or liability to the Customer, by posting revised terms on the Platform. Continued participation in the Offer following such changes shall be deemed acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the prevailing laws of Nepal. Any disputes arising in relation to these Promotional Terms shall be subject to the exclusive jurisdiction of the competent courts of Nepal.
If you require further clarification or have questions related to the Offer, you may contact us at customer.service@smartdoko.com.
PAYMENT FACILITY AND RELATED TERMS
A. Currency and Payment Methods
- All transactions conducted on the SmartDoko Platform must be completed in Nepalese Rupees (NPR) only.
- Accepted payment methods shall be as displayed during the checkout process on the SmartDoko website or mobile application. These may include, but are not limited to:
- Debit and credit cards issued by banks in Nepal (Visa, Mastercard, etc., as accepted).
- Digital wallets licensed in Nepal (e.g., Esewa, Khalti, Fonepay, as available).
- Mobile banking and internet banking facilities of Nepalese banks.
- Cash on Delivery (COD), subject to availability, order value limits, and service area.
- Card on Delivery (subject to availability and service area).
3. SmartDoko reserves the right to add, remove, modify, or restrict the availability of any payment method at its sole discretion, including the suspension of the COD option for certain products, regions, or customer accounts based on risk assessment or operational feasibility.
B. Third-Party Payment Processors
- In facilitating payments, SmartDoko engages the services of licensed third-party payment gateway providers, financial institutions, or other authorized payment system operators.
- When you are redirected to a third-party payment processor's platform to complete the transaction, you acknowledge that your use of such services will be governed by the terms and conditions and privacy policy of the respective provider. SmartDoko assumes no responsibility or liability for any loss, delay, error, unauthorized transaction, or dispute arising from such third-party platforms, provided SmartDoko has exercised due diligence in selecting and integrating with such providers. Your recourse for such issues will be directly with the payment processor or your bank.
C. Authorization and Legality
- By providing your payment details and initiating a transaction on the SmartDoko Platform, you represent and warrant that:
- You are legally authorized to use the selected payment method and associated account details.
- The payment information submitted by you is true, accurate, current, valid, and not fraudulent.
- You have sufficient funds or credit available to complete the transaction.
- You shall be solely responsible for any payment or transaction carried out using your account and payment credentials.
2. SmartDoko shall not be liable for any unauthorized use, misuse, or fraudulent transaction carried out using your payment method or account, unless such unauthorized use is a direct result of a security breach or gross negligence on SmartDoko's part. You are responsible for keeping your payment credentials secure.
D. Nature of Payment Services
The payment facility provided by SmartDoko does not constitute a banking or financial service under the prevailing laws of Nepal. It functions solely as a facilitator for processing payments from you to SmartDoko or its sellers via authorized banking channels and certified payment gateway infrastructure. SmartDoko is not a party to the payment processing agreement between you and your bank or payment instrument issuer.
E. Bank and Issuer Charges
- You understand and agree that your payment instrument issuer (e.g., bank or digital wallet provider) may levy additional fees, including transaction charges, convenience charges, foreign currency conversion fees (if applicable, though transactions are in NPR), or other service charges for processing your payment.
- SmartDoko disclaims liability for any such charges imposed by third-party financial institutions. The customer is solely responsible for confirming and bearing such costs. SmartDoko will only charge you the price of the product/service and any applicable fees (like delivery or service charges) explicitly displayed by SmartDoko at checkout.
F. Product Labeling, Compliance
SmartDoko is committed to ensuring that products sold on its Platform comply with all applicable labeling laws of Nepal, including the Consumer Protection Act, 2075, and the E-commerce Act, 2025.
- Display of Information:
- Sellers on the SmartDoko Platform are required to provide, and SmartDoko will endeavor to display on the product listing page, the following information for applicable products:
- Date of Manufacture (DOM).
- Expiry Date (ED) or Best Before Date (BBD).
- Country of origin/manufacture (for imported goods).
- Manufacturer's details.
2. This information is particularly critical for food items, beverages, pharmaceuticals (if sold), cosmetics, personal care products, and other goods with a limited shelf life. For items where such dates are not typically printed or are irrelevant (e.g., certain electronics, hardware, apparel), only the DOM or import date may be applicable if available.
3. Minimum Shelf-Life Guarantee:
For Fast-Moving Consumer Goods (FMCG), packaged food products, and other perishable items, SmartDoko and its sellers will endeavor to dispatch items with a reasonable remaining shelf life, typically a minimum of three (3) months from the date of delivery, unless the product inherently has a shorter shelf life (e.g., fresh bakery items) or a shorter period is clearly stated in the product listing and accepted by you.
- Fresh foods and similar short-life products shall be dispatched in accordance with industry best practices and safety standards.
4. Responsibility of Third-Party Sellers:
Sellers listing their products on the SmartDoko Platform are primarily responsible for ensuring the accuracy of all product information, including labeling, manufacture and expiry dates, and for ensuring that products are not expired or unreasonably close to expiry at the time of dispatch, in compliance with Nepalese law and SmartDoko's policies. SmartDoko may take corrective action against sellers found to be non-compliant.
5. Return or Replacement for Expired/Near-Expiry Goods: Customers who receive products that are expired, or do not meet the minimum shelf-life guarantee without prior disclosure, in violation of these terms or applicable law, may request a return or replacement subject to the SmartDoko "Return, Refund, and Exchange Policy". Such requests must be submitted promptly upon receipt, accompanied by appropriate evidence.
These payment terms are governed by the prevailing laws of Nepal. Any disputes arising in relation to payment processing or service use shall be subject to the dispute resolution mechanism outlined in these Terms and, ultimately, the exclusive jurisdiction of the competent courts in Nepal.
GUARANTEE OR WARRANTY
A. Manufacturer's/Seller's Warranty:
Many products sold on the SmartDoko Platform come with a guarantee or warranty provided directly by the manufacturer or the seller ("Vendor Warranty"). The terms, conditions, duration, and coverage of such Vendor Warranties are determined by the respective manufacturer or seller.
B. Display of Warranty Information:
SmartDoko will endeavor to display, or require its sellers to display, the details of any applicable guarantee or warranty period and conditions on the product listing page, as mandated by the E-commerce Act, 2025. This information typically includes the warranty duration, what is covered, what is excluded, and the process for claiming the warranty.
C. Claim Process:
Warranty claims should generally be made directly to the manufacturer, its authorized service centers, or the seller, as per the terms of the Vendor Warranty. SmartDoko is not the warrantor for products sold by third-party sellers unless explicitly stated. However, SmartDoko will provide reasonable assistance to you in connecting with the seller or manufacturer for warranty claims, such as providing contact information or facilitating communication where appropriate.
D. SmartDoko's Role:
SmartDoko acts as an intermediary platform for products sold by third-party sellers. Unless SmartDoko is the direct seller of a product and provides its own warranty, SmartDoko does not provide any separate warranty or guarantee for products beyond what is offered by the manufacturer or seller.
E. Exclusions:
Vendor Warranties typically do not cover defects or damages arising from:
- Misuse, abuse, neglect, or improper handling of the product.
- Accidents, fire, water damage, or other external causes.
- Unauthorized repair, alteration, or modification of the product.
- Failure to follow the product's instructions, user manuals, or usage guidelines.
- Normal wear and tear.
F. Statutory Rights:
This Guarantee or Warranty clause does not limit or exclude any statutory rights or implied warranties you may have under the Consumer Protection Act, 2075, or other applicable Nepalese laws, which cannot be lawfully excluded or limited. For instance, goods must be of acceptable quality and fit for their intended purpose.
G. Disclaimer:
Except for any express warranties provided by the manufacturer, seller, or SmartDoko (if SmartDoko is the seller), and any non-excludable statutory warranties, all products are sold on an "as is" basis. To the fullest extent permitted by law, SmartDoko disclaims all other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose for products where it is not the direct seller or warrantor. Please refer to the specific product page and any accompanying warranty card or documentation for detailed information on the guarantee or warranty applicable to your purchase.
PRIOR CAUTION BEFORE USING THE PRODUCT
The User is hereby expressly advised and responsible for exercising due diligence by thoroughly reviewing all relevant product information before use. This includes, but is not limited to, user manuals, safety instructions, labels, usage guidelines, assembly instructions, ingredient lists, allergy warnings (especially for food, cosmetics, and personal care items), and any disclaimers or cautionary statements provided by the manufacturer or seller on the product packaging, accompanying literature, or on the SmartDoko product listing page. The User acknowledges and agrees that it is their sole responsibility to:
- Ensure the product is used strictly in accordance with the manufacturer’s specifications, intended purpose, and any provided instructions.
- Heed all safety warnings and take appropriate precautions.
- Verify compatibility with other products or conditions before use, if applicable.
- Seek professional advice or assistance if the product requires specialized knowledge for installation, assembly, or operation. SmartDoko and/or the seller shall not be liable for any loss, damage, injury, adverse reaction, or harm resulting from the User's misuse, improper handling, negligence, failure to follow product warnings, instructions, or guidelines, or use of the product for an unintended purpose. This does not limit liability for defective products where the defect was present at the time of sale and not caused by user misuse. By purchasing and accepting delivery of the product, the User agrees to assume responsibility for the safe and proper use of the item. This clause shall be governed by and construed in accordance with the laws of Nepal.
POST-SALE TERMS AND CONDITIONS
(Customer Support & After-Sales Service)
A. General Support:
For any queries, issues, or support required after purchasing a product or service from the SmartDoko Platform, Customers should first refer to the product information, user manuals, and warranty details provided. For further assistance, Customers can contact SmartDoko's customer support through the channels specified in the "Grievance Redressal Mechanism.
B. Returns, Refunds, and Exchanges:
All requests for returns, refunds, or exchanges are governed by SmartDoko’s "Return, Refund, and Exchange Policy," which is compliant with the E-commerce Act, 2025, and Consumer Protection Act, 2075. Key aspects include:
C. Eligibility:
Products may be returned if they are defective, damaged upon delivery, do not match the description provided on the Platform, or for other reasons as specified in the policy, provided they are unused (unless the defect is apparent only upon use), in original condition and packaging, with all tags and accessories.
D. Timeframe:
Return requests must typically be initiated within 7 calendar days of delivery.
E. Process:
Customers must follow the prescribed process for initiating a return, and approved returns will be eligible for a refund to the original payment method or an exchange, as applicable.
F. Warranty Claims:
For products covered by a manufacturer's or seller's warranty, Customers should follow the warranty claim process outlined in the warranty documentation or contact SmartDoko customer support for guidance on how to proceed. SmartDoko will provide reasonable assistance in liaising with the seller or manufacturer where appropriate.
G. Inspection upon Receipt:
The Customer is responsible for inspecting the product(s) upon delivery to ensure they are in good condition, match the order, and are free from any apparent defects or damage. Any discrepancies, defects, or damages must be reported to SmartDoko within the timeframe specified in the Return Policy (e.g., 24 hours for transit damage). Failure to report promptly may affect the eligibility for a return or exchange.
H. Refund Processing:
If a refund is approved, it will be processed to the Customer’s original method of payment within 7-14 business days from the date the returned item is received and verified by SmartDoko or the seller. Delays may occur due to banking processes. If the refund is not received within the estimated period, the Customer should contact SmartDoko customer service.
I. Order Cancellation:
Order cancellations are governed by SmartDoko’s "Order Cancellation Policy." Customers can typically cancel orders before they are dispatched.
J. Shipping Information Responsibility:
The Customer is responsible for providing accurate and complete shipping information. SmartDoko is not liable for delays or non-delivery due to incorrect information provided by the Customer. Re-delivery attempts due to customer unavailability or incorrect address may incur additional charges.
K. Statutory Rights:
Nothing in these Post-Sale Terms and Conditions shall prejudice the Customer’s statutory rights under applicable Nepalese consumer protection laws, including the Consumer Protection Act, 2075, and the E-commerce Act, 2025. If a product is found to be defective, not of merchantable quality, or unfit for its intended purpose, the Customer is entitled to remedies as prescribed by these laws.
L. Fair Trade Practices:
SmartDoko is committed to fair trade practices. This includes ensuring sellers comply with their obligations regarding product quality, authenticity, and after-sales commitments. These Post-Sale Terms and Conditions shall be governed by and construed in accordance with the laws of Nepal.
SERVICE DELIVERY LOCATION AND CONDITIONS
A. Geographical Scope of Service Delivery:
- Services (including delivery of goods) offered through the SmartDoko Platform shall be available only within specific geographical areas in Nepal as designated and updated by SmartDoko from time to time (“Serviceable Areas”). Serviceability can be checked by entering a PIN code or location on the Platform.
- The availability of any particular service or delivery to a specific location is subject to logistical feasibility, seller/partner availability, and operational capacity.
- SmartDoko reserves the right to refuse or cancel service delivery to any location not covered within its designated Serviceable Areas, or where delivery is deemed impractical or unsafe. The customer will be informed of such refusal and any payment made will be refunded.
B. Customer Obligations for Service/Delivery Location:
- You agree to provide an accurate, complete, and accessible address for the service delivery location, including correct PIN code, landmarks (if any), and recipient contact details.
- You are responsible for ensuring that the service/delivery location is safe, accessible to delivery personnel, and suitable for the performance of the requested services or delivery of goods. This includes ensuring someone is available to receive the order at the agreed/estimated time.
C. Access and Availability at Location:
- You must ensure that a responsible individual is present at the designated location at the estimated date and time of delivery/service to receive the order/service. If the recipient is unavailable, delivery personnel may attempt to contact you or the recipient. Multiple failed delivery attempts due to recipient unavailability may result in order cancellation and/or additional charges for re-delivery.
- SmartDoko shall not be liable for delays, rescheduling, or non-performance arising from force majeure events or circumstances beyond its reasonable control, including inaccessibility of the location.
D. Service-Specific Requirements & Conditions:
- Some services or product deliveries may be subject to additional location-specific terms or conditions (e.g., entry permissions for certain premises, specific time windows for delivery in certain areas). These will be communicated where applicable.
- You are responsible for complying with such conditions and obtaining any necessary authorizations for access. Any delays or additional charges due to non-fulfillment of such prerequisites shall be borne by you.
E. Right to Reschedule or Cancel by SmartDoko/Seller:
- SmartDoko or the seller reserves the right to reschedule or cancel any service delivery at its discretion if the location is found to be unsafe, inaccessible, outside serviceable limits, or due to customer non-cooperation, or other operational constraints.
- In the event of cancellation due to circumstances attributable to the customer (e.g., inaccessibility, repeated unavailability), any fees paid for the product may be refunded as per policy, but delivery charges or service fees may be non-refundable. All conditions related to service delivery locations will be displayed on the Platform or communicated to you before order confirmation, in compliance with the E-commerce Act, 2025.
ORDER CANCELLATION TERMS AND CONDITIONS
The terms and conditions for order cancellation are detailed in our Order Cancellation Policy, which forms an integral part of these Terms of Use. This policy outlines your rights to cancel an order, the process for cancellation, conditions under which orders may not be cancellable, and SmartDoko's/seller's rights to cancel orders. Details regarding cancellation options will be made available as per the E-commerce Act, 2025.
OPERATIONAL DUTIES, FAIR PRACTICES, AND SELLER OBLIGATIONS
SmartDoko is committed to fostering a fair, transparent, and trustworthy e-commerce environment in compliance with the E-commerce Act, 2025, the Consumer Protection Act, 2075, and other applicable laws of Nepal.
A. SmartDoko's Commitments
(as an Intermediary and List-Based E-commerce Business):
- Clear Information:
Present details related to goods and services (provided by sellers) on the Platform in a clear, accessible, and accurate manner for buyers, as per E-commerce Act.
2. Secure Records:
Maintain secure records of transactions of purchased and sold goods or services for the period required by applicable tax laws and other relevant regulations.
3. Agreements with Sellers:
Enter into agreements with sellers prior to allowing them to list their goods or services for sale on the Platform. These agreements will outline their duties and responsibilities.
4. Non-Discrimination (Sellers):
Not to discriminate unfairly between sellers of goods or services of the same category. Any special facilities, preferences, or commercial terms granted to a specific seller or group of sellers for similar goods or services will be based on objective criteria (e.g., sales performance, customer ratings, fulfillment capability) and information regarding such arrangements may be disclosed where required by law or if it impacts consumer choice significantly.
5. Return, Exchange, Refund Measures:
Implement and facilitate clear return, exchange, or refund measures for goods or services that do not meet the details specified in the contract, are defective, or are delivered late without valid reason, as per our policies and applicable law.
6. Platform Integrity:
Not to review, evaluate, or provide feedback on the quality and features of goods or services placed for sale on the Platform by impersonating oneself or any other person as a fake consumer.
7. Guarantees/Warranties:
Ensure that terms of guarantee or warranties (if any, provided by sellers/manufacturers) are displayed and facilitate the process for consumers to avail them.
8. Authenticity:
While sellers are primarily responsible for the authenticity of their goods, SmartDoko will take reasonable steps to prevent the sale of counterfeit goods and will cooperate with authorities.
9. Timely Delivery:
Endeavor to ensure sellers deliver sold goods or services without undue delay, except in cases of force majeure.
10. Compliance with IT Standards:
Adhere to IT standards for improving and upgrading the Platform if such measures are prescribed by the relevant government authority.
11. Grievance Redressal: Maintain an effective Grievance Redressal Mechanism as detailed in these Terms.
B. Seller Obligations (Applicable to all sellers using the SmartDoko Platform): Sellers on the SmartDoko Platform are required to:
- Contractual Agreement:
Enter into a written or electronic contract with SmartDoko before making goods or services available for sale.
2. Provide Accurate Information:
- Provide SmartDoko with accurate business registration details, documents, PAN/VAT details, complaint handling mechanisms, and policies for exchange, return, or refund, in written or electronic form.
- Provide complete and accurate details for each good or service as per Section 6 of the E-commerce Act, 2025 (including name, image, price, weight, mfg/expiry dates, country of origin, warranty, cautions, etc.) for display on the Platform.
- Update any changes to their business details or product information on the Platform (via SmartDoko) within forty-eight (48) hours.
3. Fair Trade Practices:
Not engage in any kind of unfair trade practices, misleading advertising, or deceptive conduct.
- Not review, evaluate, or provide feedback on the quality of their own goods or services, or those of competitors, by impersonating a fake consumer.
4. Product Quality & Authenticity:
Ensure all goods sold are genuine, safe, fit for purpose, and match the description provided. Bear liability for the authenticity of goods sold.
5. Order Fulfillment & Delivery:
Deliver sold goods or services without undue delay, except in cases of force majeure, and as per the agreed terms.
6. Returns, Refunds, Exchanges:
Adhere to SmartDoko's return, refund, and exchange policies and relevant legal requirements, and promptly process eligible requests.
7. Guarantees/Warranties:
Honor all guarantees or warranties offered on their products.
8. Compliance with Laws:
Comply with all applicable Nepalese laws, including the E-commerce Act, 2025, Consumer Protection Act, 2075, and tax laws.
C. Buyer/User Obligations:
- Fulfill Contract:
Fulfill responsibilities as per the electronic contract formed upon placing an order, including making timely payment.
2. Lawful Use:
Not perform or cause to be performed any act with the intention to harass anyone, or misuse the platform for unlawful activities.
3. Verification & Complaints:
Verify and ascertain whether the goods or services purchased have been received as per the contract at the time of purchase/delivery. If there are any complaints, file them promptly through the Grievance Redressal Mechanism.
4. Accurate Information:
Provide true and accurate information during registration, purchase, and for delivery. Failure by any party to comply with these duties and fair practices may result in actions as per these Terms, including account suspension/termination, and legal recourse as permitted by law. Punishments for non-compliance as stipulated in the E-commerce Act, 2025, may also apply.