Terms of Use

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.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2057 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.smartdoko.com website and mobile app.
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”).
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits or uses the Website. SmartDoko allows the User to surf the Website without registering on the Website. The term “We”, “us”, “Our” shall mean SmartDoko Private Limited.
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. Use of the Website shall subject you to the policies that are applicable to the Website. By mere use of the Website, You shall be contracting with SmartDoko Private Limited and these terms and conditions including the policies constitute your binding obligations, with 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.
When you use any Materials provided by us through the Website including but not limited to (e.g. customer comments and social actions) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the Terms of Use and considered a part and parcel of the Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms of Use at any time and without any prior written notice to you. It is your responsibility to review the Terms of Use periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
Accessing, Browsing or otherwise using the website indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by SmartDoko Policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time.

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

USER ACCOUNT AND SECURITY
The service of SmartDoko is accessible to its customer through website once an account has been created by providing certain information. The facilities might be the matter of process for the use of website, terms of offer for sale, uploaded guideline, rules, additional terms of service or other disclaimer and notices. If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
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 customer.service@smartdoko.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.

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

CHARGES
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.

BLOGS
 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:
 

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which: 
  1. Belongs to another person and to which you do not have any right;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 19….;
  3. Is misleading in any way;
  4. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. Harasses or advocates harassment of another person;
  6. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  7. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
  9. Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  13. Contains video, photographs, or images of another person (with a minor or an adult).
  14. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  16. Interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
  17. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  18. Harm minors in any way;
  19. Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
  20. Violates any law for the time being in force;
  21. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  22. Impersonate another person;
  23. 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;
  24. 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.
  25. Shall not be false, inaccurate or misleading;
  26. Shall not create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
 
  1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity. 
  1. 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. 
  1. 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. 
  1. 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. 
  1. 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. 
  1. 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.
  1. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SmartDoko and / or others. 
  1. 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. 
  1. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. You agree that any content you post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use. 
  1. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the www.smartdoko.com or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 
  1. 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. 
  1. 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). 
  1. Except as expressly provided in these Terms of Use, no part of the Website and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without SmartDoko’s express prior written consent. 
  1. 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.
  
ORDER AND PRICING
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.

GIFT CARD
  1. The gift card is non-returnable and non-refundable.
  2. If the gift card is lost or stolen, it will not be replaced or reimbursed.
  3. Gift card can only be used once.
  4. Gift card cannot be used with any other promotion or coupon code.
  5. Points will not be awarded when buying a gift card but it will be awarded to the person utilizing it.
  6. Gift card will be invalid and will not be replaced or reimbursed once it expires.
  7. No Service fees are charged in connection with SmartDoko gift cards.
PROFANITY POLICY
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.
 
USER OBLIGATIONS
Substance to associate agreement with the Terms of Use, SmartDoko grants non-exclusive, inadequate chance to access and use this web site and therefore the Services provided in this. Customers go with the utilization of Services inside the online web site and so the materials provided during this only for functions that unit permissible by: (a) the Terms of Use; and (b) any applicable law, regulation or sometimes accepted practices or pointers inside the relevant jurisdictions. Customers comply to observe all limitation on distribution; use associated copy of any materials like product catalogs which can be accessed by an agreement.

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
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:  
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

LEGAL DISPUTES
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.
 
Alcohol
It is against the law: SmartDoko can reserve the right to:  
ID for alcohol: proving your age
Acceptance forms of ID to prove you are over 18 include;
  1. A photo driving license
  2. A Passport
  3. 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.

INDEMNITY
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.

TERMINATION
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
Return Policy

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.