Loading...

Terms & Conditions

Netrakart Pvt. Ltd. duly incorporated under the provisions of the sub-section (1) of Section 5 of the Companies Act, 2006 (hereinafter referred to as ‘Company’) and having its registered office at Ward No. 4, Bhatbhateni, Kathmandu, Nepal. The Company is an e-commerce platform, www.netrakart.com (hereinafter referred to as ‘Website’ singularly and as ‘Websites’ jointly) for its e-commerce activities. This Agreement for the Terms and Conditions of use of the Company’s Website/s (hereinafter referred to as ‘Agreement’) describes certain terms and conditions to access and use the Website/s of the Company by a visitor or a registered user and order products.

By using the website and/or registering yourself at www.netrakart.com you authorize us to contact you via email, phone call or SMS and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties. This terms & conditions covers Netrakarts’s treatment of personally identifiable information that Netrakart collects when a customer visits the Netrakart website or uses Netrakart’s services. This policy also covers Netrakart’s treatment of any personally identifiable information that Netrakart’s business partners share with Netrakart.

Netrakart collects personally identifiable information when you register for a Netrakart account when you use certain products or services, when you visit the website when you enter promotions as well as from our business partners. While registering on Netrakart, certain particulars are required including your first name, last name, contact no, email, Date of birth, gender, address. During registration, you may be requested to register your mobile phone and email id, pager, or another device to receive text messages, notifications, and other services to your wireless device. By registration, you authorize us to send SMS/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.

This agreement ("Agreement") contains terms and conditions ("Terms" or "Terms of Use") that shall apply to a natural or legal person and who has access to and is using the Platform for Purchasing the Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account (defined below) and are accessing the Platform without such a Buyer Account. You are requested to carefully read the terms of this agreement. By registering at the platform as a buyer you hereby indicate your understanding, consent and unconditional acceptance of this agreement and any amendments thereto. By accepting the terms of this agreement, you hereby agree that you are desirous of purchasing the products on or using the platform and you shall abide by all the terms and conditions of this agreement and all other policies, terms of use, as may be issued by the company from time to time, governing the conduct of the buyers on the platform and for use of the platform. If you do not agree to the terms, you may not use this platform.

CONDITIONS OF USE

   1. YOUR ACCOUNT

To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or because of such request or invalidation.

You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any losses arising from the use of or access to the Site through your account.

Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real-time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or because of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.

     2. PRIVACY

Please review our Privacy Agreement, which also governs your visit to the Site. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, following the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.

      3. PLATFORM FOR COMMUNICATION

You agree, understand and acknowledge that the Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the sellers on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.

      4. CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

      5. LICENSE TO ACCESS THE SITE

We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the Site, following the Terms and Conditions described herein, to shop for personal items and services as listed to be sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this Site is solely for informational purposes. Product representations including price, available stock, features, add-ons and any other details as expressed on this Site are the responsibility of the vendors displaying them and is not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions.

We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.

You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action.

  • Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site is available on the Site at all times.
  • Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Use the Site for illegal purposes.
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
  • Interfere with another’s utilization and enjoyment of the Site;
  • Post, promote or transmit through the Site any prohibited materials as deemed illegal by The People's Republic of Nepal.
  • Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

     6. YOUR CONDUCT

You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for;

  1. Fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Nepal or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”.
  2. To cause annoyance, inconvenience or needless anxiety.
  3. Any other purposes that are other than what is intended by us.

    7. YOUR SUBMISSION

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

    8. CLAIMS AGAINST OBJECTIONABLE CONTENT

We operate on a "claim, review and takedown" basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Nepal or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" objectionable content "), please notify us immediately by following by writing to us on legal@Netrakart.com. We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.

Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.

    9. CLAIMS AGAINST INFRINGING CONTENT

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at legal@netrakart.com and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. Besides, providing false or misleading information may be considered a legal offence and may be followed by legal proceedings.

We also respect a manufacturer's right to enter into exclusive distribution or resale agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer, distributor and/or respective reseller, it would not be appropriate for us to assist in the enforcement of such activities. While we cannot provide legal advice, nor share private information as protected by the law, we recommend that any questions or concerns regarding your rights may be routed to a legal specialist.

    10. TRADEMARKS AND COPYRIGHTS

Netrakart.com, Netrakart logo, Netrakart and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to confuse customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Nepali copyright laws and international conventions. All rights are reserved.

    11. COMMUNICATING WITH US

When you visit the Site or send emails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

    12. LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

    13. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

    14. EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

    15. WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

    16. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

    17. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed following the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Kathmandu.

    18. CONTACT US

You may reach us here at

    19. OUR SOFTWARE

Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the "Software").

You may use the Software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your programs or compile any portion of it in combination with your programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions listed here or across the Site. Additional third party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Nepal including but not limited to any other applicable copyright laws.

When you use the Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to separate policies, terms of use, and fees of these third parties.

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part or create any derivative works from or of the Software.

To keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

RETURNS

Please review our Returns Policy for details.

PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in Nepalese Rupees and are inclusive of VAT and are listed on the Site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your basket and the time you purchase it.

We do not offer price matching for any items sold by any seller on our Site or other websites.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, our policies for the refund will apply.

We list availability information for products listed on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or SMS if any products you order turn out to be unavailable.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order.

To avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.

Refund Voucher

  • Refund voucher can be redeemed on our Website, as full or part payment of products from our Website within the given timeline.
  • Refund vouchers cannot be used from different accounts.
  • Vouchers are not replaceable if expired.
  • Each issued Promotional voucher (App voucher and New customer voucher) will be valid for use by a customer only once. Multiple usages changing identity is illegal.
  • The promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
  • Promotional vouchers may not be valid during the sale or in conjunction with any special promotion.
  • The voucher will work only if the minimum purchase amount and other conditions are met.
  • Netrakart reserves the right to vary or terminate the operation of any voucher at any time without notice.
  • Netrakart shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Voucher or any failure or inability of a customer to use a voucher for any reason.
  • Vouchers are not replaceable if expired.
  •  Security and Fraud
  • When you use a voucher, you warrant to Netrakart that you are the duly authorized recipient of the voucher and that you are using it in good faith.
  • If you redeem, attempt to redeem or encourage the redemption of a voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offence.
  • If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation. Netrakart reserves the right to take any further action it deems appropriate in such instances.

First Free Frame

1 unique sign up will get 1st frame free. You can choose the free frame only from the "First Free Frame" page.

You can get your First free frame, when

i. You sign up on our website/App.

ii. You pay for the lenses.

iii. 1 signed up account can only have 1 frame for free. 

Currently, you can't apply for discount vouchers on your lenses while getting your 1st free frame.

RESELLING Netrakart PRODUCTS

Reselling Netrakart products for business purposes is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.

TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any applicable taxes as per prevailing law.

COMMUNICATING WITH US

You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the website unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

GOVERNING LAW AND JURISDICTION

These terms and conditions are administered following the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Kathmandu.

ISO Certified Company
Product
Easy Delivery
& Returns
Cash On
Delivery
100% Secure
Payments

Have a question? Contact Customer Service Department

9843150660 / 9813056304 Monday - Sunday / 8:00AM - 6:00PM
© Copyright netrakart 2020. All rights reserved.
We accept
back to top