This document is an electronic record in terms of Information Technology Policy, 2057 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Policy, 2057. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The use of any product, service or feature (the “Materials”) available through smartdoko.com (hereinafter referred to as “Website”) a company incorporated under the Companies Act, 2063 with its registered office at Kathmandu, Nepal (hereinafter referred to as “SmartDoko”).
This Website, including all Materials present is the property of SmartDoko and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying of the Materials. SmartDoko does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
Use of the Website is available only to persons who can form legally binding contracts under Companies Act, 2063 Persons who are “incompetent to contract” within the meaning of the Companies Act, 2063 Including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. SmartDoko reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to SmartDoko’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
USER ACCOUNT AND SECURITY
It is essential for a user to create an account before accessing and getting benefit of the website. It will be users’ responsibility to maintain confidentiality of the account details and the activities occurring under that account. It is users’ responsibility to inform SmartDoko by writing an email to email@example.com of any kind of breach of security i.e. any unauthorized use of the account. It is responsibility of users’ to exit from the page once the transaction has been completed. If any damages occur failing to follow these guidelines SmartDoko will not be liable for any losses.
If any untrue, inaccurate, not current or incomplete information is delivered, SmartDoko has reasonable estates to doubt and has right to either suspend or terminate the Account and refuse the use of the Website in present or future.
When you use the Website or send emails or other data, information or communication to us, You agree and understand that you are communicating with Us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free. SmartDoko does not charge any fee for browsing the Website. SmartDoko reserves the right to change its Fee Policy from time to time. In particular, SmartDoko may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SmartDoko reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Nepali Rupees. You shall be solely responsible for compliance of all applicable laws including those in Nepal for making payments to SmartDoko Private Limited.
This is to inform and clarify that individuals (including but not limited to employees of SmartDoko and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of SmartDoko, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity, and may not represent official positions of SmartDoko in any manner. SmartDoko retains all copyright to these blogs.
You may be permitted to post comments and feedback to these blogs. By doing so, you expressly agree and acknowledge to abide by the following:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which you do not have any right;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 19….;
- Is misleading in any way;
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
- Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Contains video, photographs, or images of another person (with a minor or an adult).
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- Interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defense, security or sovereignty of Nepal, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- Shall not create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of SmartDoko or its associate companies or sellers on platform or otherwise tarnish or dilute any SmartDoko’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SmartDoko’s systems or networks, or any systems or networks connected to SmartDoko.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2057 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- SmartDoko shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS / DDoS (Distributed Denial of Services).
ORDER AND PRICING
- You may use Materials made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Due to certain circumstances an order might not be processed like technical problems with website. The website holds the right to decline or terminate the order of any products for any reason at any given time. The pricing of the product provided will be most accurate to the customers; nevertheless, there might be certain chances of an error regarding the display of the prices. In those cases, SmartDoko holds the full rights to cancel the order.
- 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.
SmartDoko prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to your Submissions, Postings and all other areas of the website that another user may view. We allow users to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy for review.
Customers do not agree to access (or decide to access) the web site and therefore the materials or Services by any means that aside from the interface that's provided by SmartDoko. They shall not use any deep-link, robot, spider or different automatic device, program, rule or methodology, or any similar or equivalent manual method, to access, acquire, copy or monitor any portion of the web site or Content, or in any manner reproduce or circumvent the steering structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website. Further, customers should undertake not to do the following criteria:
INTELLECTUAL PROPERTY RIGHTS
- Insult, misuse, annoy, bully or disturb the legal rights of others
- Pretend to be any individual or incorrectly state or falsify your relationship with an individual.
- Involve in any action that obstructs an access to the website or the services.
- Effort to advance unapproved admission to any feature of the Website, network connection, other facilities offered to SmartDoko server, by hacking, password mining or any other illegitimate means
- Enquire or check the vulnerability of SmartDoko website or any network connected to the website, nor breach the safety or authentication measures on the website or any network connected to the website. you'll not reverse look-up, trace or obtain to trace any data on the other user, of traveler to the website, or the other clients of SmartDoko, together with any SmartDoko Account not closely-held by you, to its supply, or exploit the website or Service or data created out there or offered by through the website, in any method whether or not the aim is to reveal any data, together with however not restricted to non-public identification
- Data, apart from your own data, as provided for by the website
- Use any device or software package to interfere or arrange to interfere with the correct operating of the website or any dealing being conducted on the website, or with the other person's use of the Website
- Falsify or delete any author attributions, legal or alternative correct notices or proprietary designations or labels of the origin or supply of code or alternative material contained in a very file that's uploaded
- Breach any code of conduct which can be applicable for any specific services
- Breach any appropriate laws for the time being in force in Nepal
All holding rights, whether or not registered or unregistered, within the website, data content on the location and everyone the website style, including, however not restricted to, text, graphics, software, photos, video, music, sound, and their choices and arrangement, and everyone computer code compilations, underlying
ASCII text file and compute code shall stay our property.
The entire contents of the location are also protected by copyright as a collective work beneath Nepal copyright laws and international conventions. All rights square measure reserved.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to you through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SmartDoko does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
SmartDoko will not be liable to you in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. SmartDoko does not warrant that this site; information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components
You and SmartDoko agree that we'll resolve any claim or contention at law or equity that arises out of this Agreement or our services in accordance with one in all the subsections below or as we have a tendency and you otherwise agree in writing. Before resorting to those alternatives, we have a tendency to powerfully encourage you to initial contact us on to obtain a resolution.
It is against the law:
SmartDoko can reserve the right to:
- To sell alcohol to someone under 18 anywhere, and can lead to a maximum fine and premises may eventually be shut down.
- For an adult to buy or attempt to buy alcohol on behalf of someone under 18
- For someone under 18 to buy alcohol, attempt to buy alcohol or to be sold alcohol.
ID for alcohol: proving your age
- Refuse the sale of alcohol to an adult if they’re accompanied by a child and think the alcohol is being bought for the child.
Acceptance forms of ID to prove you are over 18 include;
- A photo driving license
- A Passport
- A Proof of National ID card
It’s a criminal offence to use false or borrowed ID to gain entry to licensed premises or to buy alcohol.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Nepal.
The user can indemnify and hold SmartDoko as well as our officers, directors, agents, subsidiaries, joint ventures and staff inoffensive from any claim as well as affordable attorneys’ fees, created by any third party attributable to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
LIMITATION OF LIABILITY
SmartDoko shall in no case be liable to any user for any loss or damages caused by use of the Site.
In addition to the other legal or just remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted below the Terms and Conditions. Upon any termination of the Terms and Conditions, you shall forthwith stop all access to and use of the positioning and that we shall, additionally to the other legal or just remedies, straightaway revoke all password(s) and account identification issued to you and deny your access of using this website in whole or partially.
Any termination of the Terms and Agreement shall not have an effect on the individual rights and obligations (including while not limitation, payment obligations) of the parties arising before the date of termination. You agree that the positioning shall not be prone to you or to the other person as results of any such suspension or termination. If you're discontented with the positioning or with any terms, conditions, rules, policies, guidelines, or practices of SmartDoko in operative positioning, your sole and exclusive remedy is to discontinue victimization of this website.
SmartDoko Redeem Page
- SmartDoko Reward Points are associated to the user’s email id.
- SmartDoko Reward Points can't be transferred from one account to a different.
- SmartDoko Reward Points will solely be inclined to purchase products/deals from www.SmartDoko.com
- The expiration of the SmartDoko Reward Points can depend upon the activity it's being attributed against.
- SmartDoko reserves the correct to decide/alter/change the expiration amount of the activities at any time with or all of sudden.
- As a guest user customers won't be eligible for mistreatment of SmartDoko Reward Points.
- Once customers enroll themselves to become a member and starts purchasing the product, they can instigate racking up the members point. Customer receives 1% of Total Value in Points System, which is equal to 0.5% in monetary value.
- SmartDoko reserves the correct to increase or terminate the validity of Reward Points associated to any activity.
- Any items received as a result of “Members Reward Points” will only be exchanged if the product is damage and has been informed within the same day of delivery.
- SmartDoko has no obligation to compensate the client when the termination/expiration dates of the Reward Points.
- SmartDoko reserves the correct at any time, all of sudden, to add/alter/change/or vary any or all of those terms and conditions or to exchange, whole or partly, Reward Points feature with the other feature, whether or not just like this or not, or to withdraw it altogether.
- SmartDoko may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward, without notice.
- The use of the Reward Points by the client for redemption are deemed to the acceptance of those Terms and Conditions additionally to the reminder of the terms and conditions which the shoppers perceive and conform to be categorically certain by identical.
- SmartDoko reserves the correct to disqualify any customers from the advantages mention herein on top of. Just in case of any dishonorable activity, prosecutions are disbursed against the involved client.
SmartDoko does not provide refunds but we will exchange the product. In case the product is physically damaged or a certain part is missing while the product is delivered please inform us within 24 hours for it to be replaced.