This agreement is made between Omiba Solutions Pvt. Ltd. (referred to as Omiba) and the onboarded seller (referred to as Seller). Both parties may be referred to as Party or the Parties.
The term of this agreement will start on the date of the Seller’s completed registration and continue until terminated by Omiba or the Seller. The Seller may terminate this agreement by means of thirty (30) Days’ written notice by registered letter or email. Omiba may terminate the Seller’s use of Services immediately if Omiba finds that(a) The Seller being in breach of any warranty or representation under this agreement or any Contract; (b) Omiba identifies the Seller being involved in deceptive, fraudulent or illegal activity; (c) your use of Services has harmed other Sellers or Customers; The Parties will settle all outstanding liabilities on termination of this agreement.
Omiba shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller, customer or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in unfit condition, over-priced, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation (actual and consequential) arising out of the Products offered for sale through the portal khojera.com and shall hold Omiba harmless and indemnified against all such claims and damages.
If a dispute arises between one or more participants of transactions, each participant releases Omiba (and its agents and employees) from claims, demands, and damages of every kind and nature, known and unknown, disclosed and un-disclosed, arising out of or in any way connected with such disputes.
Omiba will not be liable to the Seller for the Seller’s loss of profit, loss of revenue or loss of business arising out of or relating to this agreement, unless such loss or damages is proven by the Seller to have been deliberately caused by Omiba.
Seller agrees that for the term of the Agreement and 5 years after termination: (a) Seller will use Confidential Information only as is reasonably necessary for Seller’s participation in the Services; (b) Seller will not disclose Confidential Information to any other individual or organizations except as required to comply by the Law; (c) Seller will delete or destroy the Confidential Information after it is no more required in the context of participation in the Service; Confidential Information includes the Customer’s personal information.
Omiba may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms and Conditions at any time. Each such modification will take immediate effect upon notification to the Seller. Omiba may provide you with notices, including those regarding changes to these Terms and Conditions, by email, or other reasonable means now known or hereinafter developed.
The Seller’s continued use of the Services following any such notifications constitutes the Seller’s acceptance of such modifications and the Seller’s agreement to be bound by these Terms and Conditions. If the Seller does not agree to any modification of these Terms and Conditions, the Seller’s sole remedy is to discontinue the use of the Omiba’s Services.
Omiba, through its portal khojera.com, provides the Seller the interface to upload the products they want to sell. The Seller shall upload the product images, price, sizes and other details for the products. The seller shall upload only the correct and updated Product information. The information and material that the seller uploads shall not be unlawful, objectionable, obscene, vulgar or is in violation of intellectual property rights.
The final price listed in the Product, after discounts, if applicable, shall not exceed the price being sold in the Seller’s shop.
The seller agrees that Omiba, at all times shall have the right to block or delete any information uploaded by the Seller without any prior intimation to the Seller in the event that the product information is found to violate any law or breach the terms of the Agreement.
The Seller agrees to maintain the stock of the uploaded products. Omiba has the right to suspend or terminate the Seller’s use of Services if the Seller fails to provide the uploaded product to the Customer when the Customer arrives at the Seller, to see, try or buy.
Other Information that the Seller provides to Omiba, such as, but not limited to, Seller’s name, phone-number, email-address, shop location shall be correct and up-to-date. The Seller shall update if any Information changes. Failure to provide or update the correct information may result to the suspension or termination of the Seller’s use of Services.
It is agreed between the Parties that each Party shall retain all interest, right, and title in their respective trademarks and logos (“Intellectual Property”) and that nothing contained in the Agreement, nor the use of the Intellectual Property on the advertising, publicity, promotional or other material in relation to the Services shall be construed as giving to any Party any interest, right, and title of any nature whatsoever to any of the other Party’s Intellectual Property.
The Seller will indemnify and shall hold harmless Omiba, its partners, officers, employees, representatives, agents from and against any third-party claim, loss, damage, settlement, cost, expense, or other liability arising from or related to (a) your non-compliance with applicable Laws; (b)Your Products, including the offer, sale, fulfillment refund, cancellation, return, or adjustments thereof; (c) Your Materials, any actual or alleged infringement of any Intellectual Property Rights.
In return to the Service provided by Omiba to the Seller through khojera.com, the Seller shall pay charges. Omiba shall retain the right to terminate or suspend the Service if the Seller fails to pay, expect in some cases where Omiba may set the Services as charge-free for the promotions of its Services.
Each party irrevocably agrees that any dispute in connection be settled by Arbitration in accordance with UNCITRAL Arbitration Rules for the time being in force, and administered by Nepal Council of Arbitration (NEPCA).