Please read the Terms and Conditions
carefully before using YG Marketplace.
This electronic record is generated by
a computer system and does not require any physical or digital
signatures.
1. INTRODUCTION
Welcome to YG Marketplace also hereby known as “we", "us"
or "YG Marketplace". We are an online marketplace
and these are the terms and conditions governing your access and use of YG
Marketplace along with its related sub-domains, platforms, mobile app, services
and tools (the "platform"). By using the platform, you
hereby accept these terms and conditions (including the linked information
herein) and represent that you agree to comply with these terms and conditions
(the "User Agreement"). This User Agreement is deemed effective upon
your use of the platform which signifies your acceptance of these terms. If you
do not agree to be bound by this User Agreement please do not access, register
with or use this platform. This platform is owned and operated by YG Company
Private Limited.
The platform reserves the right to
change, modify, add, or remove portions of these Terms and Conditions at any
time without any prior notification. Changes will be effective when posted on
the platform with no other notice provided. Please check these Terms and
Conditions regularly for updates. Your continued use of the platform following
the posting of changes to Terms and Conditions of use constitutes your
acceptance of those changes.
2. CONDITIONS OF USE
A. 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 by reason 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
platform 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 platform and/or use of any services offered by
the platform (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 and all losses
arising from the use of or access to the platform 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 platform, 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 platform, 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 by reason 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.
B. PRIVACY
Please review our Privacy Agreement, which
also governs your visit to the platform. The personal information / data
provided to us by you or your use of the platform will be treated as strictly
confidential, in accordance with 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 platform.
C. PLATFORM FOR
COMMUNICATION
You agree, understand and acknowledge that the platform 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 ( YG
Marketplace may charge you a fee for choosing various options available on the
platform). 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 platform
or on a payment gateway as made available to you by an independent service
provider. Accordingly, the contract of sale of products on the platform shall
be a strictly bipartite contract between you and the sellers on our platform
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 platform shall be strictly a bipartite contract
between you and the service provider as listed on our platform.
D. CONTINUED
AVAILABILITY OF THE PLATFORM
We will do our utmost to ensure that access to the platform is consistently
available and is uninterrupted and error-free. However, due to the nature of
the Internet and the nature of the platform, this cannot be guaranteed.
Additionally, your access to the platform 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.
E. LICENSE TO ACCESS THE
PLATFORM
We require that by accessing the platform, 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 platform under the supervision of a parent or
legal guardian. We grant you a non-transferable, revocable and non-exclusive
license to use the platform, in accordance with the Terms and Conditions
described herein, for the purposes of shopping for personal items and services
as listed to be sold on the platform. 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 platform
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 platform is
solely for informational purposes. Product representations including price,
available stock, features, add-ons and any other details as expressed on this
platform are the responsibility of the vendors displaying them and is not
guaranteed as completely accurate by us. Submissions or opinions expressed on
this platform 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 platform, but not to download (excluding
page caches) or modify the platform or any portion of it in any manner. This
license does not include any resale or commercial use of this platform or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this platform 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 platform 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, viplatformd, 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
platform 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 an 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.
F. YOUR CONDUCT
You must not use the Platform in any way that causes, or is likely to cause,
the Platform 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
Platform, its employees, officers, representatives, stakeholders or any other
party directly or indirectly associated with the Platform 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 Platform for lawful purposes only. You
are strictly prohibited from using the Platform for;
i. 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”.
ii. To cause annoyance, inconvenience or needless anxiety.
iii. Any other purposes that is other than what is intended by us.
G. YOUR SUBMISSION
Anything that you submit to the Platform 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 Platform, 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.
H. CLAIMS AGAINST
OBJECTIONABLE CONTENT
We list thousands of products for sale offered by numerous sellers on the
platform and host multiple comments on listings, it is not possible for us to
be aware of the contents of each product listed for sale, or each comment or
review that is displayed. Accordingly, we operate on a "claim, review and
takedown" basis. If you believe that any content on the platform 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@ygmarketplace.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
other. Please note that providing incomplete details will render your claim
invalid and unusable for legal purposes.
I. 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@ygmarketplace.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
other. Please note that providing incomplete details will render your claim
invalid and unusable for legal purposes. In addition, providing false or
misleading information may be considered a legal offense 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.
J. TRADEMARKS AND
COPYRIGHTS
YG, YG logo, YG for YG logo, YG, YG Fashion, YG Basics and other marks
indicated on our platform 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 cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks that appear on this platform
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 platform, information content on the
platform and all the webplatform 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 platform also are
protected by copyright as a collective work under Nepali copyright laws and
international conventions. All rights are reserved.
K. DISCLAIMER
You acknowledge and undertake that you are accessing the services on the
platform and transacting at your own risk and are using your best and prudent
judgment before entering into any transactions through the platform. We shall
neither be liable nor responsible for any actions or inactions of sellers nor
any breach of conditions, representations or warranties by the sellers or
manufacturers of the products and hereby expressly disclaim and any all
responsibility and liability in that regard. We shall not mediate or resolve
any dispute or disagreement between you and the sellers or manufacturers of the
products.
We further expressly disclaim any
warranties or representations (express or implied) in respect of quality,
suitability, accuracy, reliability, completeness, timeliness, performance,
safety, merchantability, fitness for a particular purpose, or legality of the
products listed or displayed or transacted or the content (including product or
pricing information and/or specifications) on the platform. While we have taken
precautions to avoid inaccuracies in content, this platform, all content,
information (including the price of products), software, products, services and
related graphics are provided as is, without warranty of any kind. We do not
implicitly or explicitly support or endorse the sale or purchase of any
products on the platform. At no time shall any right, title or interest in the
products sold through or displayed on the platform vest with us nor shall YG
Marketplace have any obligations or liabilities in respect of any transactions
on the platform.
We shall neither be liable or
responsible for any actions or inactions of any other service provider as
listed on our platform which includes but is not limited to payment providers,
instalment offerings, warranty services amongst others.
L. INDEMNITY
You shall indemnify and hold harmless YG as owned by YG Company Private
Limited, Nepal its subsidiaries, affiliates and their respective officers,
directors, agents and employees, from any claim or demand, or actions including
reasonable attorney's fees, made by any third party or penalty imposed due to
or arising out of your breach of these Terms and Conditions or any document
incorporated by reference, or your violation of any law, rules, regulations or
the rights of a third party.
You hereby expressly release YG as
owned by YG Company Private Limited, Nepal and /or its
affiliates and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions/inactions of the
sellers or other service providers and specifically waiver any claims or
demands that you may have in this behalf under any statute, contract or
otherwise.
M. THIRD PARTY
BUSINESSES
Parties other than YG Marketplace and its affiliates may operate stores,
provide services, or sell product lines on the platform. For example,
businesses and individuals offer products via Marketplace. In addition, we
provide links to the webplatforms of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not
warrant or endorse the offerings of any of these businesses or individuals, or
the content of their webplatforms. We do not assume any responsibility or
liability for the actions, products, and content of any of these and any other
third-parties. You can tell when a third-party is involved in your transactions
by reviewing your transaction carefully, and we may share customer information
related to those transactions with that third-party. You should carefully
review their privacy statements and related terms and conditions.
N. COMMUNICATING WITH
US
When you visit the platform, or send e-mails 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 e-mail, SMS, phone
call or by posting notices on the platform 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 with respect to your use of the website (and/or placement of
your order) and agree to treat all modes of communication with the same
importance.
O. 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 platform.
P. AMENDMENTS TO
CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the platform, 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.
Q. 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.
R. 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
platform and we take no action, we are still entitled to use our rights and
remedies in any other situation where you breach these conditions.
S. 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
platform 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 platform 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 platform
shall not be liable to you or to any other person as a result of any such
suspension or termination. If you are dissatisfied with the platform 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.
T. GOVERNING LAW AND
JURISDICTION
These terms and conditions are governed by and construed in accordance with the
laws of the Federal Democratic Republic of Nepal. You agree, as we do, to
submit to the exclusive jurisdiction of the courts in Birgunj.
U. CONTACT US
You may reach us here hello@ygmarketplace.com
V. 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 platform (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
platform. You may not incorporate any portion of the Software into your own
programs or compile any portion of it in combination with your own 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 platform. Additional
third party terms contained within the platform 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 platform, 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.
In order to keep the Software
up-to-date, we may offer automatic or manual updates at any time and without
notice to you.
3. CONDITIONS OF SALE
(BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Platform. These conditions signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO
SALE OF THE PRODUCT OR SERVICE
This section deals with conditions
relating to the sale of products or services on the Platform.
B. THE CONTRACT
Your order is a legal offer to the
seller to buy the product or service displayed on our platform. When you place
an order to purchase a product, any confirmations or status updates received
prior to the dispatch of your order serves purely to validate the order details
provided and in no way implies the confirmation of the order itself. The
acceptance of your order is considered confirmed when the product is dispatched
to you. If your order is dispatched in more than one package, you may receive
separate dispatch confirmations. Upon time of placing the order, we indicate an
approximate timeline that the processing of your order will take however we
cannot guarantee this timeline to be rigorously precise in every instance as we
are dependent on third party service providers to preserve this commitment. We
commit to you to make every reasonable effort to ensure that the indicative
timeline is met. All commercial/contractual terms are offered by and agreed to
between you and the sellers alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services and
after sales services related to products and services. YG does not have any
control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the you and
the Sellers. The seller retains the right to cancel any order at its sole
discretion prior to dispatch. We will ensure that there is timely intimation to
you of such cancellation via an email or sms. Any prepayments made in case of
such cancellation(s), shall be refunded to you within the time frames
stipulated here. Return and Refund
You confirm that the product(s) or
service(s) ordered by you are purchased for your internal / personal
consumption and not for commercial re-sale. You authorize us to declare and
provide declaration to any governmental authority on your behalf stating the
aforesaid purpose for your orders on the platform. The Seller or the platform
may cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller or
ours and may vary from individual to individual.
You may cancel your order at no cost
any time before the item is dispatched to you.
Please note that we sell products only
in quantities which correspond to the typical needs of an average household.
This applies both to the number of products ordered within a single order and
the placing of several orders for the same product where the individual orders
comprise a quantity typical for a normal household.
C. RETURNS
Please review our Returns
Policy for details.
D. PRICING, AVAILABILITY
AND ORDER PROCESSING
All prices are listed in Nepalese
Rupees and are inclusive of VAT and are listed on the platform 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 platform or other websites.
We are determined to provide the most
accurate pricing information on the platform to our users; however, errors may
still occur, such as cases when the price of an item is not displayed correctly
on the platform. As such, we reserve the right to refuse or cancel any order.
In the event that an item is mispriced, we may, at our own 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 refund will
apply.
We list availability information for
products listed on the platform, including on each product information page.
Beyond what we say on that page or otherwise on the platform, 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 platform 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.
In 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
Security and
Fraud
E. RESELLING YG
PRODUCTS
Reselling YG products for business
purpose is strictly prohibited. If any unauthorized personnel is found
committing the above act, legal action may be taken against him/her.
F. TAXES
You shall be responsible for payment
of all fees/costs/charges associated with the purchase of products from the
platform and you agree to bear any and all applicable taxes as per prevailing
law.
G. COMMUNICATING WITH
US
When you visit the platform, or send
e-mails 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 e-mail, 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 with respect to
your use of the website (and/or placement of your order) and agree to treat all
modes of communication with the same importance.
H. 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.
I. AMENDMENTS TO
CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes
to the platform, 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.
J. 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.
K. WAVIER
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 platform and we take no action, we are
still entitled to use our rights and remedies in any other situation where you
breach these conditions.
L. GOVERNING LAW AND
JURISDICTION
These terms and conditions are
governed by and construed in accordance with the laws of the Federal Democratic
Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction
of the courts in Birgunj.
M. REPRESENTATIONS AND
WARRANTIES
We do not make any representation or
warranty as to specifics (such as quality, value, saleability, etc) of the
products or services listed to be sold on the platform when products or
services are sold by third parties. We do not implicitly or explicitly support
or endorse the sale or purchase of any products or services on the platform. We
accept no liability for any errors or omissions, whether on behalf of itself or
third parties.
We are not responsible for any
non-performance or breach of any contract entered into between you and the
sellers. We cannot and do not guarantee your actions or those of the sellers as
they conclude transactions on the platform. We are not required to mediate or
resolve any dispute or disagreement arising from transactions occurring on our
platform.
We do not at any point of time during
any transaction as entered into by you with a third party on our platform, gain
title to or have any rights or claims over the products or services offered by
a seller. Therefore, we do not have any obligations or liabilities in respect
of such contract(s) entered into between you and the seller(s). We are not
responsible for unsatisfactory or delayed performance of services or damages or
delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) or related
information as reflected on the platform may due to some technical issue,
typographical error or other reason by incorrect as published and as a result
you accept that in such conditions the seller or the platform may cancel your
order without prior notice or any liability arising as a result. Any
prepayments made for such orders will be refunded to you per our refund policy
as stipulated.
Buyer Policy
1. INTRODUCTION
2. Policy and
Enforcement
2.1 A Buyer shall comply with the
rules set out in Table 1.
2.2 If a Buyer fails to comply with the rules, YG may take any one or more of
the following actions without further notice or warning:
2.3 The rules set out in Table 1 are non-exhaustive, and YG reserves the right to take other enforcement action, including the filing of reports with the regulators or law enforcement agencies, if we find any misconduct by a Buyer.
Account Registration :
1. Do not register multiple accounts for the purposes of abusing any form of incentives or gaining undue advantage in any promotion, program or activity
2. Do not create accounts with fictitious, forged or compromised particulars (e.g. email address, contact number, delivery address, etc.). Do not use particulars that are owned by or pertain to other users or individuals.
3. Do not tamper any device software/ YG applications to install illicit software to clone YG applications or mask certain security features.
Transaction:
YG shall not be liable for any transaction made outside of the YG Marketplace Platform.
1. All agreements made in any of the official communication channels on YG, or any policies posted thereon, has to be honoured.
2. Do not engage in any fraudulent activity. For example:
a. Do not mislead or defraud YG Marketplace and/or any other users of the YG Marketplace Platform; and
b. Do not register accounts for the purpose of creating fake transactions.
2. Keep all transactions within YG
A. All transactions originating from YG shall be completed within the YG Marketplace Platform.
B. Do not engage in offline payments or transactions with other users of the YG Marketplace Platform.
C. Do not lure other users to engage in offline transactions outside of the YG Marketplace Platform. For your own safety and to protect against scams, do not accept requests to engage in offline transactions outside of the YG Marketplace Platform.
D. Do not redirect a sales transaction to other platforms and/or avenues.
E. All payments for YG transactions have to be completed within the YG Marketplace Platform.
F. All exchange of messages and information should be done within the official communication channels available on the YG Marketplace Platform.
3. Do not provide a false or incomplete shipping address, or reject the acceptance of delivery. For example, if you see the product delivered is defective or not what you ordered you should still accept the delivery and follow YG Return Policy
Post-Transaction:
1. Provide honest feedback about products and services.
2. Do not post untrue or fake reviews or any review or other content that is inappropriate, irrelevant, discriminatory, threatening or in violation of any law.
3. Do not initiate a payment dispute when a refund for the item has already been issued by the seller or your payment service provider.
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