Terms of Use
Terms of Use
Welcome to Bizbazar.com.np! Bizbazar.com.np is a Marketplace owned and operated by Biz Bazar Limited, a public limited liability company registered under the Companies Act, 2006 of Nepal (Reg # 000000/077/2078, Reg. Office: Kathmandu-14, Kathmandu) and provides Marketplace service to its users.
This Terms of Use applies to the users of the Biz Bazar Marketplace, owned and operated by Biz Bazar Limited. This Terms of Use defines and limits the scope of the use of Biz Bazar Marketplace.
When You visit, shop or/and use Bizbazar.com.np or Biz Bazar products, services, applications in connection with any of the foregoing services (collectively, "Biz Bazar Services"), YOU required to agree on this Terms of Use.
- Purpose and Scope
- General Terms
- Biz Bazar Policies
- Deemed Consent
- User Account
- User’s Eligibility
- Use by Minor
- Adults Only Products
- Prohibited and Restricted Product(s)
- Fees and Charges
- Limited Rights
- Safe Use of User Account
- Contact and Communication
- Product Descriptions
- Service Level
- Consumer Protection
- Security and Fraud
- Indemnification
- Warranty and Disclaimer
- Intellectual Property
- Advertisement
- Return and Refund
- Amendment
- Severability
- Non-Assignment
- Force Majeure
- Dispute Resolution
- Contacting Us
- The purpose of this Terms of Use is to establish a framework of legal relationship between Biz Bazar and You while using the Biz Bazar Marketplace.
- This is a Standard Form of Contract and will be updated on the Marketplace from time to time. You shall be abided by the provisions of these Terms of Use once You use Biz Bazar Marketplace.
- When You visit, shop or/and use Bizbazar.com.np or Biz Bazar products, services, applications in connection with any of the foregoing services (collectively, "Biz Bazar Services"), You required to agree on this Terms of Use.
- For the purpose of these Terms of Use, wherever the context so requires "You" “Your” or "User" shall mean any natural or legal person who has agreed to use Biz Bazar Services.
- The terms ``We", "Us", "Our" shall mean Biz Bazar Limited. When You use any of the services provided through the Platform, including but not limited to, (example product reviews, seller reviews), You will be subject to all the compliance (includes but not limited to the rules, guidelines, policies, terms, and conditions) applicable to such service. All the applicable compliances are deemed to be incorporated into these Terms of Use and shall be considered as an integral part of these Terms of Use.
- Biz Bazar reserves the right to refuse service, terminate accounts, terminate Your rights to use Biz Bazar Services, remove or edit content, or cancel orders in its sole discretion.
- A few other key terms used in these Terms of Use:
- When we say “Content”, we mean text, images or other information that can be posted, uploaded, linked to or otherwise made available by YOU, regardless of the form of that content
- When we say “Logistic Center”, we mean the center where incoming orders are received, processed and filled.
- When we say “Marketplace” or “Platform”, we mean Biz Bazar Marketplace which is an e-commerce platform owned and operated by Biz Bazar.
- When we say “Product(s)”, we mean products or items offered for sale on the Service.
- When we say “Vendor(s)”, we mean a person or company offering Biz Bazar for something to sell.
- When we say “Voucher” OR “Voucher Coupon”, we mean redeemable form of transaction which is equal to a monetary value and from which product(s) can be purchased in Biz Bazar Marketplace.
- You are abided by Biz Bazar's various policies, published on the information page of the Biz Bazar Marketplace, in effect. These policies are an integral part of this Term of Use. Biz Bazar reserves the right to change its policies on our platform from time to time.
- Advertisement Policy
- Consumer Protection Policy
- Cookies Policy
- Intellectual Property Policy
- Order and Delivery Policy
- Privacy and Data Protection Policy
- Return and Refund Policy
- By using Biz Bazar Marketplace, You are bound by these Terms of Use. If You do not agree to these Terms of Use or its part, You may not access or use this Website/App or any part of the Website/App.
- Please read these Terms of Use carefully before You download, install or use the Biz Bazar Marketplace Website or App. By downloading, installing or using the BIZ BAZAR MARKETPLACE Website or App, You express that You accept these Terms of Use and that You agree to abide by them. Your download, installation or use of the Website or App constitutes Your acceptance of these Terms of Use.
- If You do not agree with these Terms of Use, You should cease downloading, installing or using the Website and/or App immediately.
- By accepting these Terms of Use, impliedly or expressly, it is deemed that You also accept and agree to all other Biz Bazar Policies as amended from time to time.
- You are required to have a User Account for any service or transactions at Biz Bazar Marketplace.
- If You are a Vendor, You are required to open a Vendor Account and You are abided by the terms and conditions of Marketplace Vendor Agreement.
- If You are a consumer, You are required to open User Account and abide by these Terms of Use.
- If You are just surfing the Biz Bazar Marketplace, You are not required to open any Account. However, You abide by other terms and conditions.
- No person or business entity may register as a member of the Marketplace more than once. If a person or business is found to have two or more than two User Accounts, Biz Bazar may revoke, suspend or refuse to provide service in its sole discretion.
- Transaction on the Platform is available only to persons who can form legally binding contracts under National Civil Code, 2018 (Muluki Dewani Samhita 2074).
- Persons who are "incompetent to contract" within the meaning of the Code are not eligible to use the Biz Bazar Marketplace.
- If You are a minor (i.e., below the age of 18 years under the Children’s Act, 2018 of Nepal) You may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian. Parents and legal guardians may create a User Account on behalf of teenagers (13-17 Years) for any service or transactions at Biz Bazar Marketplace.
- As a minor if You wish to transact on the Platform, such transactions on the Platform may be made by Your legal guardian or parents.
- Parents or legal guardians will be fully responsible for such child’s use of the Platform including financial charges and legal liability that such child may incur.
- Biz Bazar reserve the right to terminate Your membership and/or refuse to provide You with access to the Platform if it is brought to Biz Bazar’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
- Certain services on Biz Bazar Marketplace are provided only for adult users. Such products are featured on a dedicated page and access is only made available after the verification of age.
- Alcohol listings on Biz Bazar are strictly intended for adults. You must be at least 18 years of age to purchase alcohol, or use any page/site functionality related to alcohol.
- Tobacco listings on Biz Bazar are strictly intended for adults. You must be at least 18 years of age to purchase tobacco, or use any page/site functionality related to tobacco.
- Adult entertainment and sexual products listings on Biz Bazar are strictly intended for adults. You must be at least 18 years of age to purchase adult entertainment and sexual products, or use any page/site functionality related to adult entertainment and sexual products.
- No obscene content.
The products listed below (but not limited to) are strictly prohibited to display or sale online through the use of Biz Bazar Marketplace. The Vendor shall be solely liable for any liabilities if you try to sell or display in Biz Bazar Marketplace. If such prohibited and restricted products are found in Biz Bazar Marketplace then we shall be cancelling the listing(s) of products.
- Narcotic drugs such as opium and morphine
- Arms, ammunition, and explosives: a) materials used in the production of arms and ammunition; b) guns and cartridges; c) Fireworks, radioactive materials and substances d) other explosives.
- All animals, insects, marines, or other forms of creatures, dead and alive, or their any parts including Ivory products
- Misleading illicit products (Stolen Goods, Mystery Box)
- Protected Flora and Fauna including all live animals and their parts such as fur, semen & embryos
- Human parts including human blood
- Child pornography which includes pornographic materials involving minors
- Any piece of art that is an unauthorized copy or reproduction and infringement of copyrights and trademark
- Open and used cosmetics and expire dates overdue packs
- Beef and beef products
- Biz Bazar does not charge any fee for browsing, creating a user account and buying on the Platform to the Consumer.
- Biz Bazar reserves the right to change its subscription charge from time to time. Changes to the subscription charge shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform.
- Unless otherwise stated, all fees shall be quoted in Nepali Rupees (NPR).
- We grant You non-transferable, revocable and non-exclusive rights to use the Biz Bazar Website/App, in accordance with the Terms and Conditions described herein. These rights can be exercised for the purposes of shopping for personal product(s) and services listed on the Site.
- Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by Biz Bazar in advance.
- If You are registering as a business entity on Biz Bazar Marketplace, You represent that You have the authority to register to the Marketplace and abide by these Terms of Use.
- Product representations including price, available stock, features, add-ons and any other details as expressed on Biz Bazar Marketplace are the responsibility of the Vendor(s) displaying them.
- Any submissions or opinions expressed on the Biz Bazar Marketplace are those of the individual(s) posting such content and shall not reflect Our views.
- You shall be responsible for maintaining the confidentiality and safety of Your User credentials.
- YOU agree and acknowledge that You shall be responsible for all activities that are executed using Your credentials.
- Biz Bazar is not responsible for any consequences resulting from erroneous information provided by You.
- You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or BIZ BAZAR shall have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use.
- Biz Bazar shall have the right to indefinitely refuse, suspend or terminate or block Your access to Your User Account in its sole discretion.
- Biz Bazar is an online platform that enables default online communication channels for communication to its users.
- If You are Vendor, Your contact address and communication process is governed under the Marketplace Vendor Agreement. If You are other than Vendor, Your name, mobile/phone number and/or e-mail address supplied at the time of creating the User Account is treated as Your primary identifier on the Platform.
- Your mobile phone number and Your email address is deemed up to date on the Platform at all times, unless You provide otherwise.
- You shall notify Biz Bazar as soon as possible if Your mobile phone number or e-mail address have been changed. We will verify the new information on the Platform through a one-time password (OTP) verification.
- You agree that Biz Bazar shall not be liable or responsible for the activities or consequences of use or misuse of any information that is executed under Your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
- All the featured products or services in the Biz Bazar Marketplace are the products or services of the Vendors, not of Biz Bazar. Thus, the descriptions of the products or services are of Vendors.
- Biz Bazar attempts to make these descriptions be as accurate as possible but does not warrant that product descriptions or other content on Biz Bazar is accurate, complete, reliable, current, error-free including the applicable colors (as the actual colors you see will depend on your monitor). If a product offered by Biz Bazar itself is not as described or the quality that you prefer, Your sole remedy is to return it in unused condition.
- Biz Bazar assures its User that the Website/App or service shall be consistently available and is uninterrupted and error-free at maximum level. Biz Bazar disclaims that, due to the nature of the internet service and the nature of the service, the Service Level will not be guaranteed hundred per cent.
- Your access to the Marketplace may also be occasionally suspended or restricted to use for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
- Biz Bazar will attempt at maximum level to limit the frequency and duration of any such suspension or restriction.
1. Biz Bazar incorporates five strategies to protect the interest of consumers regarding the quality, quantity, consumer’s personal information and price of the consumer goods and services, which are: -
- Ethical and accurate advertising/ marketing
- Comprehensive information provision
- Fee protection
- Accessible and transparent complaints and appeals processes and systems
- Protection of Consumer’s personal information
For more information, see Biz Bazar “Consumer Protection Policy”.
- You either having a User Account for any service or transactions at Biz Bazar Marketplace or not being as a member of Biz Bazar Marketplace shall not access or use this BIZ BAZAR Website/App or any part of the Website/App with intend to Fraud or engage in any unlawful or illegal activity. If found then BIZ BAZAR may revoke, suspend, block or refuse to provide service in its sole discretion. BIZ BAZAR reserves the right to take any further action it deems appropriate in such instances.
- In term of Voucher Coupon, if we reasonably believe that any voucher is being used unlawfully or illegally, Biz Bazar reserves the right to reject or cancel any voucher/order. Biz Bazar reserves the right to take any further action it deems appropriate in such instances.
- You shall indemnify and hold harmless Biz Bazar, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- You understand that Biz Bazar does not manufacture, store or inspect any of the product(s) sold through our Services. The product(s) in Our marketplace are produced, listed and sold directly by Vendors, so Biz Bazar cannot and does not make any warranties about their quality, safety or even their legality. Biz Bazar does not sponsor or endorse the sale or purchase of any products or services on the Platform, either implicitly or explicitly. You release Biz Bazar from any claims related to product(s) sold through our Services, including for defective product(s), misrepresentations by Vendors, or product(s) that cause physical injury.
- Biz Bazar is not liable for any failure to perform or breach of any contract between You and Vendor. Biz Bazar cannot and does not guarantee that the concerned Vendor will perform any transaction concluded on the Platform. Biz Bazar shall not and is not required to mediate or resolve any dispute or disagreement between You and Vendor.
- Biz Bazar makes no claim or warranty about any of its Users' product-specifics (such as legal title, creditworthiness, identity, and so on). You should independently check the legitimacy of any User with whom You choose to transact on the Platform and exercise Your best discretion in that regard.
- Biz Bazar does not at any point of time during any transaction between You and Vendor on the Platform come into or take possession of any of the products or services offered nor does it at any point gain title to or have any rights or claims over the products or services offered by Vendor to You.
- At no time shall Biz Bazar hold any right, title or interest over the products nor shall Biz Bazar have any obligations or liabilities in respect of such contract entered into between You and Vendor. Biz Bazar is 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.
- The Platform is only a platform that can be utilized by You or its Users to reach a larger base to buy and sell products or services. Biz Bazar is only providing a Platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Vendor.
- All intellectual property rights, copyright and related rights, trademarks, designs, patents, whether registered or unregistered in the Biz Bazar Marketplace, information content on the Biz Bazar Marketplace and all the website design, including, but not limited to text, graphics, page headers, button icons, scripts and service names, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
- All the trademarks that appear on Biz Bazar Marketplace, other than of Biz Bazar, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- Your use of the Services grants you no right or license to reproduce or otherwise use any of the Biz Bazar or third-party Intellectual property.
For more information, see Biz Bazar “Intellectual Property Policy”.
- Biz Bazar does not endorse any product advertised on Biz Bazar.
- An advertisement shall not be deceptive, misleading or unfair. You must tell the truth about the content and it should be verifiable. You shall be honest about Your products advertised.
- Your Advertisement should qualify broad environmental claims - or avoid them altogether - to prevent deception about the specific nature of the benefit.
- A product that's advertised as free if another is purchased - example "buy one, get one" - indicates that the consumer will pay nothing for one product and no more than the regular price for the other.
- Biz Bazar reserves the right to decline any type of advertising that is damaging to the brand of Biz Bazar or is inappropriate to the content held or for any reason that Biz Bazar in its sole discretion requires to decline the advertisement on the Biz Bazar Platform.
- You should not provide Biz Bazar with any prohibited content (the prohibited content are listed in our “Advertisement Policy”) for the purpose of Advertisement in Biz Bazar Marketplace.
- You should take special care not to misrepresent a product or its performance when advertising to children.
For more information, see Biz Bazar “Advertisement Policy”.
- Return and Refund provides option to the buyer for receiving a refund to the category of the products as mention under Return and Refund Policy along with the conditions to be fulfilled while returning and seeking for refund.
- The return request must be initiated within 7 days of receiving the product if and for damaged/defective products the return request must be initiated within 3 days of receiving the product.
- In case of Refund, it will be processed after the product is picked and quality checked by the Logistic Center of Biz Bazar.
For more information, see Biz Bazar “Return and Refund Policy”
- Biz Bazar reserves the right at its sole discretion to change the terms of this Term of Use at any time by publishing changes on the Terms of Use page, at any time without any prior notice.
- You should review these Terms of Use periodically for updates / changes before use of the Marketplace. Your continued access and use of the Biz Bazar after posting of any changes by Biz Bazar shall constitute its acceptance of such change or modification.
- If any of these terms is found to be illegal, invalid, or otherwise unenforceable under the laws of any state or country in which these terms are intended to be effective, that term shall be severed and deleted to the extent and within the jurisdiction in which it is illegal, invalid, or unenforceable, and the remaining Terms of Use shall survive, remain in full force and effect.
- You shall not assign or transfer or purport to assign or transfer the contract between You and us to any other person.
- Biz Bazar shall not be responsible to You or be deemed in breach of this Term of Use if Biz Bazar fails to perform any of its obligations owing to a cause beyond Biz Bazar’s reasonable control. The following shall be regarded as causes beyond Biz Bazar’s reasonable control without prejudice to the scope of the foregoing:
- While such circumstances persist, Biz Bazar reserves the right to fully or partially suspend delivery/performance, and Biz Bazar will not be liable for any loss or damage suffered by You as a result of such suspension, including but not limited to Your failure to fulfill any contract with a third party.
- Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- Import or export regulations or embargoes;
- Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Biz Bazar or of a third party);
- Interruption of production or operation, difficulties in obtaining raw materials labor, fuel, parts or machinery;
- Power failure, Network failure or breakdown in machinery;
- Epidemics, Pandemics or outbreak of communicable disease, quarantines, or regional emergencies or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party's reasonable control.
Biz Bazar’s initial course of action in case of any dispute shall be to make arrangements for User to return product as per “Return & Refund Policy” as soon as such information is brought to the knowledge of Biz Bazar. Any dispute, claim, or difference shall be settled amicably.
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 Arbitration Act 2055 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 be 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.
If any User has any questions or comments regarding the Website/ App, User can e-mail us at info@bizbazar.com ; call us at: +977-9802345050