Terms & Conditions

Terms & Conditions

TERMS OF USE
Effective as of  1st May 2022
These Terms of Use ("Terms") apply to the website located at www.shopatjashn.com, the Social Media Accounts, Google Business Account and any other websites or applications associated with SHOPATJASHN brands or products that direct the viewer or user to these Terms (collectively, the "Site"). In these Terms, the terms “SHOPATJASHN,”, “JASHN”, “we,” and “us” refers to GAJANAN ENTERPRISES.
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site (collectively, "Users"). By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the Site.

2. ACCESS AND USE
Subject to your compliance with the terms and conditions of these Terms, you may access and use our Site solely for your personal, non-commercial use. We reserve all rights not expressly granted by these Terms in and to our Site and our Intellectual Property (defined below). We may suspend or terminate your access to our Site at any time for any reason or no reason.

3. RESTRICTIONS
You will not, and you will not assist, permit or enable others to, do any of the following:

  1. use our Site for any purpose other than as expressly set forth in the “Access and Use” section above;
  2. disassemble, reverse engineer, decode or decompile any part of our Site;
  3. use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Site;
  4. copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Site or any of our Intellectual Property;
  5. remove any copyright notices or proprietary legends from our Site;
  6. use our Site in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Site or any other User’s use of our Site; or (iii) the behavior of other applications using our Site;
  7. use our Site in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
  8. use our Site in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
  9. use our Site for benchmarking or competitive analysis of our Site;
  10. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Site;
  11. transmit viruses, worms, or other software agents through our Site;
  12. impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Site for any invasive or fraudulent purpose;
  13. share passwords or authentication credentials for our Site;
  14. bypass the measures we may use to prevent or restrict access to our Site or enforce limitations on use of our Site or the content therein, including without limitation features that prevent or restrict use or copying of any content;
  15. identify us or display any portion of our Site on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights; or
  16. identify or refer to us or our Site in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Site under these Terms, without our express written consent.

4. USER ACCOUNTS
Your account on our Site (your "User Account") gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users.

  1. You may never use another User’s User Account without permission.
  2. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date.
  3. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account.
  4. You must notify us immediately of any breach of security or unauthorized use of your User Account.
  5. We will not be liable for any losses caused by any unauthorized use of your User Account.
  6. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Site and special offers.

If you do not want to receive such email messages, you may opt out or change your preferences by contacting JASHN support at jashn@shopatjashn.com or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving service-related notices.

You acknowledge that you do not own the User Account you use to access our Site. Notwithstanding anything in these Terms to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.

All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.

By connecting to our Sites with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

5. USER DATA
As part of your use and interaction with the Site, we will collect data, metadata, and information, including personal information, that you provide to us or that is collected by us or via the Site, including without limitation as described in our Privacy Policy ("User Data"). For clarity, however, User Data does not include your User Content described below. You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain our Site and for such uses as described in our Privacy Policy, and, solely in anonymous or aggregate form, to improve our products and Sites and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible and indemnify us for your User Data.
For the purposes of these Terms, "Intellectual Property" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

6. OUR PROPRIETARY RIGHTS
Except for your User Content, you understand and accept that our Site and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Site, including User Content belonging to other Users (collectively, “JASHN Content”),and all Intellectual Property rights related thereto, are the exclusive property of JASHN and its licensors (including other Users who post User Content to our Site).You are expressly prohibited from using any JASHN Content without the express written consent of JASHN or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of JASHN, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without JASHN's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

7. INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor interactions between you and other Users. WE SHALL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM, YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.

8. SERVICE LOCATION; RESTRICTIONS
Our Site is controlled and operated from facilities of our Server partners. We make no representations that our Site is available for use in other locations. Those who access or use our Site (other than the authorized server partners) from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Nepal and local laws and regulations, including but not limited to export and import regulations. Our Authorised Server Partner is KTM RUSH PVT LTD (effective from 1st May, 2022 )

9. SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT
The Site allows Users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of this Site, content, including content from or via third parties or third-party services or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #JASHNNEPAL or #SHOPATJASHN (collectively, 'User Content'). User Content may include personal information. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT.

However, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances JASHN may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to JASHN in connection with your content.

You further grant, and you represent and warrant that you have all rights necessary to grant, JASHN an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display your User Content: (a) to maintain and provide the Site to you; (b) solely in de-identified form, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (c) to perform such other actions as authorized by you in connection with your use of the Site.

You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in JASHN’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.

JASHN is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that JASHN shall not be liable for any damages you allege to incur as a result of or relating to any User Content.If you do not want to grant JASHN the permission set out above on these terms, please do not submit User Content.

10.  TELEPHONE COMMUNICATIONS AND AGREEMENT TO BE CONTACTED VIA AUTOMATIC DIALER

  1. Call Recording and Monitoring. You acknowledge that telephone calls made to, or received from or on behalf of, JASHN may be monitored and recorded and you agree to such monitoring and recording.
  2. Providing Telephone Numbers and Other Contact Information. When you provide your contact information to JASHN You certify that any such contact information, including, but not limited to, your name, mailing address, email address, and residential, business or mobile telephone number, is true, accurate, and current. As such, you certify that you are the current subscriber or owner of any telephone number(s) that you provide. You understand that you are strictly prohibited from providing a telephone number that is not your own. If you have an account with us, and if we discover that any contact information provided by you when you set up the account is false or inaccurate, we may suspend or terminate your account at any time.
  3. Change in Ownership of Telephone Number(s). If you opted-in to receive SMS text messages from us as set forth below, and the ownership of your telephone number(s), were to change, you agree to immediately notify us before the change goes into effect by replying with email Subject -STOP (YOUR NUMBER) via email to jashn@shopatjashn.com.
  4. Your Consent to Receive Automated Calls/Texts from JASHN. You acknowledge that by voluntarily providing your telephone number to us in any manner (including, without limitation, by signing up to receive text messages when prompted to do so at one of our JASHN stores, on our website or mobile app or social media, or by providing your telephone number when you register for an account), you expressly agree to receive transactions and promotional text messages from JASHN including as they relate to promotions, product recommendations, your account, changes and updates, service outages, reminders, follow ups to any push notifications delivered through our mobile app, or any other information regarding any transaction with JASHN, and/or your relationship with JASHN. You acknowledge and agree that automated calls or text messages may be made to the telephone number provided even if your telephone number is registered on any Do Not Call list. You agree to continue to receive recurring automated calls and text messages from JASHN even if you cancel your JASHN User Account or terminate your relationship with us, until you opt-out as instructed below. You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.
  5. Opt-Out Instructions. Your consent to receive automated calls and texts from us is completely voluntary. You may opt-out at any time. To opt-out please email us with Subject -STOP (YOUR NUMBER) via email to jashn@shopatjashn.com. If you decide to opt-out, you acknowledge and agree to accept one final text/email message from us confirming your opt out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages.
  6. Fees and Charges. There is no fee to receive automated telephone calls or text messages from JASHN. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge and agree that JASHN shall not be responsible for such charges.
  7. General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section of the Terms will survive indefinitely regardless of whether you continue to have an account with JASHN or continue to visit our site or app, or you do not. If you have any questions or need any clarification about any of the information and rules provided in this Section, please send us an email to jashn@shopatjashn.com, or contact our Customer Service at +977 9814327018 (Via Phone, Viber or Whats App)

11. PRIVACY
We care about the privacy of our Users. You understand that by using our Service you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth, and to have your personal information collected, used, transferred to and processed in Nepal.

  1. We may collect various pieces of information if you seek to place an order for a product with us on the Site.
  2. We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect personal information including, but not limited to, your title, name, gender, date of birth, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details.
  3. We will use the information you provide to enable us to process your orders and to provide you with the services and information offered through our website and which you request. Further, we will use the information you provide to administer your account with us; verify and carry out financial transactions in relation to payments you make; audit the downloading of data from our website; improve the layout and/or content of the pages of our website and customize them for users; identify visitors on our website; carry out research on our users' demographics; send you information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have not objected to being contacted for these purposes. Subject to obtaining your consent we may contact you by email with details of other products and services. If you prefer not to receive any marketing communications from us, you can opt out at any time.
  4. We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier). You must only submit to us the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
  5. We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier). You must only submit to us the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
  6. We may use your personal information for opinion and market research anonymously and for statistical purpose only
  7. We may use your personal information to send you other information about us such as sale promotions, our newsletters, anything relating to other companies in our group or our business partners
  8. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your personal information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The Site may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.
  9. If you are concerned about your data you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge. At any stage you also have the right to ask us to stop using your personal data for direct marketing purposes.

12. SECURITY

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our commercially reasonable security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

13. JASHN'S COMMUNICATIONS TO YOU

You agree that JASHN may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of JASHN's products or services, or for such other purpose(s) as JASHN deems appropriate.

14. PROMOTIONS AND CONTESTS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that JASHN may use your information for marketing and promotional purposes.

15. PRODUCT INFORMATION

Most JASHN products displayed at the Site are available in select JASHN stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in JASHN stores. The prices displayed at the Site are quoted in Nepali Rupees (NPR) and are valid and effective only in Nepal.

16. ORDER & REFUNDS

For Order, Refunds & Exchange Policy please follow our Order, Return & Exchange or Refund Policy

16. LINKS TO OTHER WEB SITES AND SERVICES

OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY MATERIALS, SITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY JASHN AND CERTAIN FUNCTIONALITY OF OUR SERVICE MAY REQUIRE INTEGRATION WITH OR YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS OF SERVICE AND PRIVACY POLICY MADE AVAILABLE ON THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM OUR SERVICE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES OR SITES. YOU EXPRESSLY RELIEVE JASHN FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT SUBMITTED BY OTHER USERS.

17. WARRANTIES; DISCLAIMER

JASHN does not provide warranty on any of the products displayed on our website. However, we do recommend to follow the product care instruction for best use of the same.

18. INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. JASHN shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by JASHN on the Site are intended to be used for informational purposes only.

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

If you are not completely satisfied with your SHOPJASHN.com purchase, you may return it with your invoice by mail. Please see our Order, Return & Exchange or Refund Policy for details.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JASHN OR ITS , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM JASHN), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO JASHN'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL JASHN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO JASHN HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JASHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

20. INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at JASHNs request), indemnify and hold JASHN and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your use of and access to our Site, including any data or content transmitted or received by you; (ii) your breach or alleged breach of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation, any Intellectual Property rights or privacy rights; (iv) your violation of any applicable laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (v) User Data and User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our Site with your unique username, password or other appropriate security code. You will cooperate as fully required by JASHN in the defense of any claim. JASHN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of JASHN.

21. ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER

  1.       22.1 Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JASHN For any dispute with JASHN, you agree to first contact us and attempt to resolve the dispute with us informally by sending a notice to:
  2. GAJANAN ENRERPRISES, POKHARIYA, BIRATNAGAR-2, MORANG
  3. You must include your name and residence address, the email address you use for your JASHN User Account (if any), and a clear statement of your claim. In the unlikely event that JASHN has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy

22. GOVERNING LAW & VENUE

These Terms of Use shall be governed by and construed in accordance with the laws of Nepal, without giving effect to its conflict of law rules. In the event of any dispute hereunder, USER and JASHN hereby consent to the exclusive jurisdiction of the court that has jurisdiction over the location of the headquarters of the Company. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.

23. CHANGE IN TERMS

We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.

24. ENTIRE AGREEMENT/SEVERABILITY.

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Site, shall constitute the entire agreement between you and us concerning our Site. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

25. NO WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and JASHN’S failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

26. CONTACT US

You may reach us at: jashn@shopatjashn.com

GAJANAN ENRERPRISES

POKHARIYA

Biratnagar-1 , Morang

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