This Agreement sets forth the terms and conditions that apply to the access and use of the Website “www.karjabazaar.com” , hereinafter referred to as the ‘Website’ or ‘Karjabazaar’, which is owned and operated by Phoenix Capital Pvt. Ltd, (hereinafter referred to as “Company”), which companies are incorporated under the laws of Nepal and registered under the Companies Act, 2063.
Be sure to return to this page periodically to review the most current version of the TOU. The Company reserves the right at any time, at the Company’s sole discretion, to change or otherwise modify the TOU without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified TOU.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINDED HEREUNDER.
1. Description and Acceptance of Services
The Company, hereby offers you with access to information primarily about certain financial products/services including, but not restricted to, loan facility, credit cards facility, investment services such as Savings account, and Fixed Deposits (the “Services”). The above said Services are provided on a commercially reasonably effort basis and you agree that your participation for availing the above mentioned services is purely at your will and consent.
Your continued usage of the Services from time to time would also constitute acceptance of the Terms including any updating or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
You agree and authorize the Company to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or sms, from the Company or its third party vendors/business partners regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided, you further authorize the Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents or third party service providers.
All Application data that you provide will be transmitted to third parties and all Application data shall belong or be appropriately licensed to the particular third party if such information is exclusive to the said third party’s application.
The Company will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements entered into for providing Services and ancillary services.
2. License and Website Access
You acknowledge and agree that the Company owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company`s prior written consent.
By using the Website, you agree not to: (i) use this Website or its contents for any commercial purpose; (ii) make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand; (iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (iv) violate the restrictions in any robot exclusion headers on this Website or bypass or restrict or circumvent other measures employed to prevent or limit access to this Website; (v) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the Company’s or the Website’s infrastructure; (vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or (vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without the Company’s prior written authorization.
4. Your Registration/Account
You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID (as may be applicable in accordance with the Service selected), allows you to access the Service. You agree that you are responsible for maintaining the confidentiality of your Login ID and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. You further agree that the Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to the Company.
You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services and ancillary services by or through the Company. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services. Additional terms and conditions will apply to your purchase of services that you select. Please read these additional terms and conditions carefully.
5. Customer Due Diligence requirements (CDD)
You agree and acknowledge that for undertaking any financial transaction through the website, the Company may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of loan/credit card/mutual fund etc. requirements with the banks/financial institutions, in accordance with applicable laws and rules. The Company may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions, the identity of each new customer, and the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that the Company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable Act and rules.
You declare and confirm that you are a resident of Nepal, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the relevant law of Nepal, while availing the Services offered herein via this.
7. Submitted Content
By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and the Company shall not be responsible for any content you make available on or through the Website. At the Company`s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
8. Disclaimer of Warranty
You expressly understand and agree that your use of the Services, ancillary services and all information, products, other services and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services and ancillary services are provided on an “as is” and “as available” basis. The Company makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.
The Company and its service providers expressly disclaim all warranties of any kind as to the Services, ancillary services and all information, products, services and other content (including that of the third parties) included in or accessible from the services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company and its service providers make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.
9. Limitation of Liability
You expressly understand and agree that the Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if the Company has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.
If, despite the limitation above, the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s) on this Website, if applicable.
The Website may provide links to other third party websites. However, since the Company has no control over such third party websites, you acknowledge and agree that under no circumstances shall the Company be liable for your using the services offered or provided by any third party service provider.
You agree to indemnify and hold the Company (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOU, your violation of any law or the rights of a third party, or your use of the Website.
11. Additional Terms and Conditions
The Company reserves the right to discontinue or suspend, temporarily or permanently, the Services/ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services. You agree that the Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of other.
The Company may, from time to time, announce certain offers with intent to promote its Website and/or Services/ ancillary services (Promotional Offers). The Promotional Offer(s) would always be governed by these TOU plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these TOU, to the extent they may be in conflict with these Terms. The Company reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOU and the relationship between you and the Company will be governed by the laws of Nepal without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by the Company and you. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Kathmandu. The Website/Mobile App specifically prohibits you from usage of any of its Services in any countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in Nepal. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of Nepal, with the courts in Kathmandu having exclusive jurisdiction. The failure of Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This TOU constitutes the entire agreement between you and Company and governs your use of the Website, superseding any prior agreements between you and Company with respect to the Website.