Terms & Conditions
0.Terms of service
NPLKart will make best effort to make the services available without any disruptions, but then again downtime is uncertain and unavoidable, wherein NPLKart shall not take any responsibility. Additionally, NPLKart can block access to user in case of violation or trigger events occur.
Any comments, reviews, submissions that you may submit will be public. Additionally, reviews and submission can only be submitted by genuine purchaser and without using profanity (and have similar restriction in place) including complying with other terms of this Pact; and NPLKart can take them down if it violates any law or this terms or rights of other people.
NPLKart provides Service as an online platform to purchase products from and not limited to NPLKart.
Accounts and membership
You must be at least 18 years of age to use the Services herein. However, if you are below the age of 18 years, you should immediately terminate the use of this website or application. By using the Services and by agreeing to this Pact you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Pact or that your conduct or content would tend to damage our reputation and goodwill.
We create regular backups of the Website and its content, however, these backups are for our own organizational purposes only and are not guaranteed in any manner. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly.
In addition to other terms as set forth in the Pact, you are barred from using the Services or Content: (a) for any unlawful act; (b) to instigate others to perform or partake in any unlawful acts; (c) to violate any international, national, provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate in any manner, or disability; (f) to upload counterfeited, wrong or misleading information; (g) to upload or transfer viruses or any other type of malware that will or may be used in any way that will disrupt the functionality or smooth operation of the Services including third party products and services, or the Internet; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses. If any liability arises due to the above-mentioned reasons, then the user agrees to take full responsibility.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Pact does not transfer to you any intellectual property owned by NPLKart or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with NPLKart. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of NPLKart or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of the NPLKart or third party Intellectual property.
Any User, user or the sellers of NPLKart can make a complaint from “Contact Us” or can contact our customer service representative of any inappropriate, violating or counterfeited content. At the knowledge of such information the content shall be taken down immediately.
Control of liability
To the extent permitted by applicable law, in no event will NPLKart, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise. The aggregate liability of the Service Provider in respect of any claims, losses, costs or damages arising out of or related to this Pact shall not exceed the charge received by NPLKart under this Pact or Rs. 20,000 (Rupees twenty five thousand) only, whichever is less. The User shall be entitled to press only those claims in respect of which a loss or damage exceeds Rs. 4,000. The User shall first make efforts to recover such losses through insurance. Any amount paid by the insurance company of the User shall also be deducted from any claim pressed by the User.
NPLKart does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
You agree to indemnify and hold the NPLKart and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable lawyers' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
All rights and restrictions contained in this Pact may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Pact illegal, invalid or unenforceable. If any provision or portion of any provision of this Pact shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their Pact with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
In case of any dispute, the first recourse of NPLKart shall be to take-down any violating, counterfeited contents, or make arrangement for User to return product as per “Return & Refund Policy” of the website as soon as such information is brought to the knowledge of NPLKart. Any dispute, claim, or difference shall be settled cordially.
Following the failure to settle the disputes amicably within ninety (90) days, shall be governed by the substantive and procedural laws of Nepal without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Nepal. Each party irrevocably agrees that any dispute in connection be settled by Arbitration in accordance with UNCITRAL Arbitration Rules for the time being in force, and administered by NEPCA in the following manner:
1. The number of arbitrators shall be three (3). The arbitrator shall not be a present or former employee, agent, consultant or advisor of the parties or their affiliates.
2. Each Party shall appoint a one arbitrator and the arbitrators appointed by the Parties shall appoint a third arbitrator who shall ne the chairperson of the arbitral tribunal.
3. If a party fails to appoint an arbitrator or the arbitrators appointed fail to choose a third arbitrator, such arbitrator shall be appointed by NEPCA, failing which shall be appointed in accordance with the laws of Nepal.
4. Venue and seat of the arbitration shall be Kathmandu, Nepal.
5. The decision of the arbitration shall specify how the expenses of the arbitration shall be allocated between the parties.
6. The arbitration award shall be final and binding upon the parties, and decree on such award may be entered in any court having jurisdiction.
Notwithstanding anything mentioned elsewhere in this document, the parties shall have the right to seek injunctive or equitable relief available under applicable laws from the competent courts of Nepal having jurisdiction on the matter thereof.
Changes and amendments
Acceptance of these terms
The information provided by NPLKart on https://www.NPLKart.com/ and our mobile applications is for general informational purposes only. All information on the Site and our mobile applications is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATIONS OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF AND RELIANCE ON THE SITE AND OUR MOBILE APPLICATIONS AND ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
External Links Disclaimer
The site and our mobile applications may contain (or you may be sent through the site or our mobile application) links to other websites or content belonging to or origination from third parties or links to websites and features in banners or other accuracy. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING, WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.