Last Updated May 13, 2022
We welcome you to MountEmart’s website and application. We are an online marketplace offering you varieties of products available both in the Nepalese market and foreign markets. . The domain name www.MountEmart.com is owned and operated by MountEmart Pvt. Ltd, a company incorporated under Companies Act, 2006 under Registration no. 286875.
By using the MountEmart Sites, you represent that you are of legal age to enter into these ToU, or that you have acquired parental or guardian agreement to enter into these ToU on your behalf if you are not of legal age to enter into these ToU. By implicitly or expressly accepting the ToU, you also accept and agree to be bound by all of MountEmart’s Policies applicable to you and also as amended, from time to time. You agree to check the ToU periodically to be aware of any changes. If you do not agree to these terms, please kindly do not use this site.
For the purpose of these ToU, wherever the context so requires “You” or “your” shall mean any user (natural or legal person) who has attended the legal age of majority and agreed to ToU of MountEmart with or without registering as a user. The term “MoutEmart “, “We”, “Us”, and “Our” shall mean MountEmart Pvt. Ltd. and its future affiliates likewise, MountEmart Entities shall mean, our suppliers, vendors, contractors, and licensors.
2. Using MountEmart
You agree to abide by this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations when using or accessing our Services, and you will not violate any of them.
You clarify that the information and data provided to us are accurate and complete. You are solely responsible for the security and confidentiality of your account, including your username, password, and PIN. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, we shall have the right to indefinitely suspend or terminate or block access to the Site by you
MountEmart is not liable for any losses incurred as a result of unauthorized use of your account or loss of access to your device. MountEmart shall not be responsible for any agreement between you and the issuer of your credit card, debit card, or other forms of payment.
The use of the MountEmart site shall be limited to your interest in buying the product, inquiring about the products, and creating your profile for those same reasons. Following are the few activities you are prohibited from committing on MountEmart’s site:
Violate or bypass any laws, regulations, third-party rights, or our systems, Services, policies, or account status determinations;
Use our services despite being a minor or being barred from using our services,
Harvest or try to harvest or collect information about users of MountEmart by hacking the site.
Fail to pay for the items purchased by you after being delivered to you
Conduct fraudulent activities on the site, including and not limited to data misuse, making available viruses that may be potentially harmful.
Remove any copyright, trademark, or other proprietary rights notice from the MountEmart Sites.
Use or copy any copyrighted material or, use trademark, name, brand, or logo of MountEmart in any way.
Attempt, abet, or instigate any work that might cause obstruction in the operation of MountEmart’s website.
If any user is found to have committed any act mentioned above, MountEmart shall take any appropriate actions, may bar the user from using the site for a certain period of time or for forever.
3. Availability of the services and products
We are an online marketplace where we sell different varieties of products from electronics to groceries. We assure you to provide quality products, we assure full customer satisfaction. For almost every product we sell we provide you with return and exchange service of the same. You can review our Return and exchange policy and Refund policy for the process of return and exchange of the products.
We don’t sell any materials related to health, wellness, or prescriptions for pharmaceutical products. However, we may sell pharmaceutical equipment, and related products which don’t require any prescription from the medical practitioners and which might themselves be useful for medical practitioners.
The Site may make available listings, descriptions, and images of goods and services (collectively, “Products”). We provide you full assurance as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites.
We make every attempt to accurately display the characteristics of Products, including the colors that apply. However, because the actual colors you see are dependent on your monitor, we cannot guarantee that the color seen on your monitor accurately reflects the actual color or finish of the product. Furthermore, certain weights, measurements, and other comparable characteristics are estimates and are provided just for convenience.
All the products sold on the website are sourced from authorized distributors. Therefore, you can be assured of the quality and authenticity of the products you purchase on this website. We also assure you of the prompt service of online marketing.
5. Warranty disclaimer
We cannot warrant the 100% accuracy or security of the information provided or obtained through the Services, unless otherwise stated specifically on the products/ Services, due to the open nature of the product/Services and the potential of errors in the storage and transfer of digital information. Except as required by law, all product descriptions, information, and materials displayed on the Services are given “as is,” with no express or implied warranties or representations. In this respect, if you are contracting as a consumer or user, we are obligated to supply product]s that are in accordance with the mutually agreed transaction and commercially reasonable expectations, and we are liable to you for any lack of conformity that exists at the time of delivery.
It is understood that the goods are in compliance with the transaction or intended purchase if:
Products conform to our description and possess the qualities that we have described on this website;
Products are fit for the purposes for which goods of this type are commonly used;
Products exhibit the quality and performance that is typical of goods of this type and can be reasonably expected; and
Products show the quality and performance that is typical of goods of this type and can reasonably be expected. Except for those that cannot be omitted legitimately, we exclude all warranties and conditions (whether explicit or implied) to the extent permissible by law.
As MountEmart assures you of the quality of the products, it will be responsible for the quality, and accuracy of the product. In any instance, if the buyer doesn’t find the product to be as in the advertisement on the site, the buyer can return the product in accordance with the Return and Exchange policy and buyers will be refunded according to the Refund Policy which allows for buyers’ choice of refund method.
6. Warranty and Guarantee claims
Warranty and guarantee claims are entertained by MountEmart according to the products itself. This depends upon the manufacturers of the products sold. Not all products fulfill these claims.
When you buy a product from MountEmart which provides for a certain policy for warranty or/and guarantee, the claim of it shall be fulfilled by MountEmart. For claiming the warranty and guarantee policies, one has to provide the warranty or guarantee card within the specified time for claiming the same. If the claim is received before the expiry period,
MountEmart will fulfill other procedures of claiming warranty and guarantee. We shall not be obliged to fulfill the claims if it is received after the warranty and guarantee period.
For seeking these claims, customers can directly contact Mountemart through email or phone.
7. Intellectual property rights
All copyright and other intellectual property rights in all text, images, sound, content, software and other materials on this site are owned by MountEmart. These works are protected by the Copyright Act, 2002.
You may explore this site and print or download extracts for non-commercial, informative, and personal use only. Any component of the site may not be sold or distributed for profit, nor may it be modified or integrated into any other work, publication, or site, whether in hard copy or electronic format, including uploading to another site. There is no additional license or permission granted.
Further, we respect the intellectual property of others. Claims for copyright infringement by MountEmart can be reported through its official email:
Trademark and Trade-dress:
All trademarks displayed on this site are either owned or used by MountEmart. MOUNTEMART, MOUNT-EMART, the MOUNTEMART.COM names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the MountEmart Sites are trademarks or trade dress of MountEmart.
8. Listing and pricing of products
All the products available for selling will be listed on the website of MountEmart. The listing of the products implies an advertisement for offers. This means that the products are placed for advertisement so that the buyers will make an offer to buy the products. We strive to offer our users the most accurate pricing information on the Site; errors may occur, such as when an item’s price is incorrectly presented on the Site..
All prices are in Nepali Currency (Rupees) and include VAT. The most recent price displayed on the item’s product detail page will always be reflected in your Shopping Cart. Please keep in mind that this price may differ from the one displayed when you first added the item to your cart. Adding an item to your cart does not guarantee the price displayed at the moment. It’s also possible that the price of an item will drop between the time you add it to your cart and the time you buy it.
9. Placing an order and order processing
When you confirm to purchase any product/service through our website after adding it on the cart, whether pre-paying for it or on the condition to pay for it when the product is received, it implies that you have ordered the product. Your order is considered as a legal offer to us to buy the product or service advertised on our site. The acceptance of your offer will be considered to be confirmed when the product/service is dispatched to you.
As your order amounts to your offer to buy, we reserve the right to refuse or cancel any order as a result. Confirming your order by us doesn’t refer to the acceptance of your offer. If an item’s pricing is incorrect, we may, at our option, contact you for instructions or cancel your order and notify you of the cancellation. Whether or not the order has been confirmed and your money has been processed, we have the right to refuse or cancel any such orders. If cancellation happens on a prepaid order, our refund procedures will apply.
Likewise, you may cancel your order at no cost at any time before the product is transferred to the delivery agent or Shipping Company.
Order processing starts when your order/offer to buy is confirmed by us and it will be ended after the product/service is dispatched to you and the full payment for the same is received.
Delivery of the product you ordered shall be on the location you pinned while making the order. Delivery charge shall be applied on the basis of your location where the product is to be delivered.
Change for the Delivery location can be made, however it may cause addition to the delivery charge.
11. Method of payment
Prepayment before product/service being dispatched: through debit card, or any other digital medium,
Payment during receiving the delivery of product/service: through debit card, any other digital medium or cash.
12. Return and Exchange
Review the Return and Exchange Policy which will govern the process of return and/or exchange.
Review the Refund Policy.
14. Reviews, Comments, Communications, and Other Content
MountEmart allows you to post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, or any other content that is illegal, you may not impersonate any person or entity, use a false e-mail address, or otherwise mislead as to the origin of a card or other content. MountEmart reserves the right (but not the responsibility) to remove or edit such content at any time, but it does not do so on a frequent basis. Further, reviews on any product/service are only entertained when you are the original buyer/user of such a product or service bought from MountEmart.
After you post content or submit material, you grant MountEmart a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content worldwide in any media, unless we indicate otherwise. If MountEmart desires, you grant them the right to use the name you submit in connection with such content, you shall warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will hold MountEmart harmless from any and all claims resulting from your use of the content you supply. Further MountEmart has the authority, but not the obligation, to monitor, alter, or remove any behavior or content. MountEmart disclaims all responsibility and liability for any content posted by you or others.
15. Events beyond Control
We will not be held liable for any delay or failure to perform our obligations under these terms if the delay or failure is caused by an event beyond our reasonable control. This condition has no bearing on your legal rights.
16. Disputes Settlement
MountEmart and “you” both are waiving the right to sue each other in court or in any adjudicating body. On the occasion of the arising of the disputes relating to these ToU or any aspect of the relationship between you and MountEmart, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through mutual understanding between disputing parties. After the arousal of the dispute the parties shall first try to settle the dispute by having a talk through online mediums or in personal level meetings.
If such a dispute is not settled among themselves, it will be resolved through final and binding arbitration before a neutral arbitrator. The arbitrator shall also be appointed by mutual agreement between parties.
17. Limitation of liability
MountEmart shall not be responsible for any business or personal losses or any other consequential loss that is not reasonably foreseeable to both you and us when you use this site. You agree that, to the fullest extent provided by applicable law, MountEmart will not be liable to you or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature even if an authorized representative of a MountEmart entity has been advised of or should have known of the possibility of such damages.
You agree to indemnify, and hold the MountEmart harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the MountEmart Sites or any breach by you of these ToU. MountEmart reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with MountEmart if and as requested by MountEmart in the defense and settlement of such matter.
19. Governing Law
These ToU are in accordance with the law of Nepal. The relationship between you “user” and us “MountEmart” shall be governed by this ToU and other policies presented in our site and its updated versions. Anything that is not expressly mentioned in the website shall be governed by the domestic Law of Nepal.
We may, in addition to any other legal or equitable remedies, immediately terminate the ToU or revoke any or all your rights guaranteed herein without prior notice to you. After this ToU is terminated, you must immediately cease all access to use the site, we shall revoke all passwords and account identifications used by you, as well as deny your access to and use of the site in whole or in part. The termination shall terminate all the rights and obligations between parties. You shall further agree that the site will have no liability to you as a result of such termination. Your sole remedy if you are not satisfied with the site or any terms, conditions, rules, policies, guidelines or practice in operating the site is to stop using it.
We may update these ToU from time to time by notifying you of such changes by any reasonable means, including by posting a revised ToU through the MountEmart Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised ToU incorporating such changes or otherwise notify you of such changes. You agree that it is your responsibility to regularly check MountEmart.com for any updated ToU. In addition, by continuing to use or access any of the MountEmart Sites or otherwise engaging with MountEmart after we post any changes, you accept the updated ToU. The “Last Updated” above indicates when these ToU were last changed.
22. Contact Information
If you have any questions or comments, please contact us at firstname.lastname@example.org, or by mail at the following address: MountEmart; Tarakeshwar-9, Kathmandu. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
© All the Rights in relation to these text reserves to MountEmart.