This document is an electronic record. This is generated by a computer system and does not require any physical or digital signatures.
This document is published for access or usage of Dealkhana which includes the Dealkhana mobile app (iOS and Android) and the website (www.dealkhana.com). Dealkhana Services are mentioned as Dealkhana services below.
Please read the following terms and conditions very carefully as your use of our services is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time (the "Terms and conditions").
ACCESSING, BROWSING OR USING THE WEBSITE AND THE MOBILE APPS INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS herein, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms and Conditions of use of website, you also accept and agree that you have read, understood and are bound by these Terms and conditions, regardless of how you/Dealkhana member subscribe to or use the Dealkhana Services. If you do not want to be bound by the Terms and Conditions, you must not use the Dealkhana Services.
In these Terms and conditions, references to "You" or "User" shall mean the end user accessing the Dealkhana services, its contents or using the Dealkhana Services offered. "Dealkhana Services" means a collective reference to the Dealkhana service provided by Truenary Solutions Pvt Ltd., a company under the provision of Companies Act and having its registered office at Kathmandu District Kathmandu Metropolitan City Ward No.4.
Scope
[Dealkhana] acts as a platform to enable any user to register themselves on it to voluntarily search for deals, offers, discounts, sales in various restaurants, hotels and bars registered with Dealkhana and purchase coupons to avail such services of discounted offers using Dealkhana mobile app and website. However, you must have a valid/operational mobile phone number.
Dealkhana Members are provided with free/paid access for deals, offers, discounts, sales services from the database of Dealkhana according to your choice.
Dealkhana Membership is guided by the Terms and conditions mentioned herein below. By using or accessing the Dealkhana Services, you agree to be bound by all the Terms and conditions ("Agreement"):
Dealkhana does not authenticate any information of any deals/ offers/ discounts/ sale from the Dealkhana registered restaurants, hotels and bars and hence, you as a user need to verify the authenticity and information provided by other users.
1. Eligibility:
A) Dealkhana Membership and rights of admission is reserved solely for : I. Nepalese Citizens. II. Persons of Nepali Origin III. Non Resident Nepalese (NRN) IV. Foreign Persons having valid visa to stay in Nepal from Department of Immigration under Government of Nepal.
B) Further in capacity as Dealkhana member you confirm that you are: I. 18 years or above II. Legally competent to enter into contractual relationship to exercise rights and bear obligations as per the Nepalese law applicable to you III. Not disqualified by any applicable Nepalese law to enter into contractual relationship, for the time being in force.
C) We expect that you would complete the online registration process with honesty while furnishing your information to Deakhana. You would find coupon services through our automated system dependent upon yourself furnishing true, accurate, current, complete information and photos etc. We expect you to read the relevant column before keying in the details or selecting the option available or uploading the photo. You further undertake that you alone shall be responsible or be liable for any information provided to Dealkhana. In order to serve you better, if Dealkhana requires additional details, you shall agree to provide it. Dealkhana shall reproduce the details of coupon services provided by registered Dealkhana members on "as is as available" basis at website or app and Dealkhana members shall be solely liable for the information given by such Dealkhana member. Further you may fill in your phone number in any of our registration campaigns appearing in various websites and apps as part of our advertisement.
D) If at any point of time Dealkhana comes to know or is so informed by third party or has reasons to believe that any information provided by you for registration (including photos) or otherwise is found to be untrue, inaccurate, or incomplete or have acted in any way in violation of this Terms of Use then Dealkhana shall have full right to suspend or terminate (without any notice) your Dealkhana membership and forfeit any amount paid by you towards Dealkhana membership fee and refuse to provide Dealkhana service to you thereafter.
E) Dealkhana Membership is restricted strictly to the registered Dealkhana individual member only. Organizations, companies, businesses and/or individuals carrying on similar or competitive business cannot become Members of Dealkhana and nor use the Dealkhana Service or Dealkhana members data for any commercial purpose, andDealkhana reserves its right to initiate appropriate legal action for breach of these obligation
3. Coupons
A. Dealkhana offers Dealkhana members to search for and purchase various deals, offers, discounts, sales (coupons) based on the coupons provided by other Dealkhana registered members (restaurants, hotels, bars, etc.) and made available in Dealkhana app and website.
B. The Coupon you purchase through Dealkhana is redeemable for discounts, offers, sales made by other Dealkhana members in terms of (a) foods and beverages offered by restaurants, bars, and (b) bookings, reservation, lodging or accommodation offered by hotels. The Dealkhana members offering such coupons, not Dealkhana, is the seller of the coupon and is solely responsible for redeeming any coupon you purchase through Dealkhana.
C. The Coupon received via SMS in a user’s mobile number and email will only be applicable if there Dealkhana account is registered against the particular number and email. The Coupon will not be applicable with an account registered with different mobile number and email.
D. Coupons can be purchased through various payment partners as provided in Dealkhana mobile app and website and Dealkhana members can avail pre-paid services from the Dealkhana members offering such discounts, deals, sales,offers.
E. Coupons are not transferable and are not redeemable for cash and cannot be combined with any other coupons or any other offers or discounts.
F. Dealkhana members who purchase the coupons can use it only during the time when such coupon is valid. To use the coupons, Dealkhana member can enter the Coupon code in Dealkhana mobile app and website, which is applicable until the validity period of respective Coupons. Each coupon is valid for a limited time only and expires on the date specified in coupon.
G. The coupon may be valid and applicable for certain group of Dealkhana member or for specific event or specific time or on purchase of another services or other criteria as determined by Dealkhana.
H. Dealkhana members are prohibited to use fake coupons or invalid coupons. Dealkhana will authenticate every coupon by way of its term validity and other electronic verification system to identify whether such coupons were validly purchased through Dealkhana or not. Any activity of producing fake or invalid coupons for availing services, will entitleDealkhana to suspend or terminate Dealkhana membership of such Dealkhana member producing such fraudulent coupon as per Clause 2 (b) of this terms and conditions.
I. The deals, sales, offers, discounts provided under various coupons shall be availed by Dealkhana members only through purchase of such coupons using Dealkhana mobile app or website. The Dealkhana members are prohibited to contact or avail services offered by other Dealkhana members independently, without the purchase of coupons. Dealkhana reserves the right to suspend or terminate Dealkhana membership pursuant to Clause 2 (b) of this terms and conditions, if any information as to such independent communication with other Dealkhana members is obtained by Dealkhana or comes to notice of Dealkhana.
4. Role and Responsibility of Dealkhana
A. Dealkhana is a platform to help you find deals, offers, discounts, sales through the process of automated searching, short listing and purchasing coupons offered by other registered Dealkhana members.
B. Dealkhana's obligation is only to provide information to its registered members to search their need without any assistance from third party / persons from amongst the other registered members. You agree that the system generated search results of Dealkhana are only the details of registered members.
C. The search conducted by any Dealkhana member and the results thereof are automatically generated. In the event Dealkhana member changes their details on the Dealkhana application/website, then the automated system generated results may also undergo corresponding change.
D. Dealkhana cannot guarantee or assume responsibility for any specific results from the use of the data available from the Dealkhana service.
E. Dealkhana shall safeguard sensitive user information using authentication mechanisms, access controls and encryption techniques.
F. Dealkhana cannot guarantee the complete protection of user data while it is in transit, or prevent any tampering of the data by a third party with malicious intent before the data reaches the Dealkhana servers.
5. Role and Responsibility of Dealkhana Member
A. To get better search results, Dealkhana Members are expected to provide latest photograph which should not be more than 3 months old. Providing old photographs/ photographs of others, inaccurate / false information of services related to coupons shallbe treated as violation of terms and conditions and Dealkhana shall retain their right under clause 2 (b) of this terms and conditions.
B. Dealkhana members are expected to disclose the all necessary details of services to be availed by Dealkhana members through purchase of coupons during registration. Non - disclosure at the time of registration shall be treated as violation of the terms and conditions and DEALKHANA shall retain their right under clause 2 (b) of this terms and conditions.
C. You also agree that while accessing / using Dealkhana Services, you will be guided by the Terms and conditions of Dealkhana.
D. Dealkhana member shall not assign or transfer your Dealkhana membership to any other person or entity, and such an act shall be treated as violation of terms and conditions and Dealkhana shall retain their right under clause 2 (b) of this Terms and conditions.
E. If the Dealkhana Member fails to inform Dealkhana, about any change in the particulars furnished by Dealkhana member to other Dealkhana member, then the Dealkhana membership may be suspended by Dealkhana at its sole discretion. F. Dealkhana Members agree to use secure devices, software and networks for accessing the Dealkhana services.
G. Dealkhana Members shall not probe, scan or text the vulnerabilities on the Dealkhana application/website or any network neither connected to the application/website nor breach the security measures instituted by Dealkhana.
6. Medium of Communication to Dealkhana Members
A. Dealkhana member hereby consents for receiving communication including promotional communications through any medium of communications such as Emails and /or SMS/Calls.
B. Dealkhana may contact the Dealkhana member through any of the above media to share the details of the coupons by way of internal messages / links. Dealkhana member confirms that the mobile number submitted to it for verification or alternative number if any provided, is genuine and valid one.
7. Confidentiality
A. Dealkhana has reasonable processes and system in place to maintain confidentiality of all personal information other than those meant for sharing with the details of services furnished by Dealkhana members and Dealkhana may at its sole discretion and cost takebonafide steps for maintaining the confidentiality of the information in compliance with applicable law. However, Dealkhana/Dealkhana member may divulge such information if required by law.
B. Any feedback you provide to Dealkhana shall be deemed to be non-confidential. Dealkhana shall be free to use such feedback/information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of yourself or third parties; (ii) Dealkhana member is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) you are not entitled to any compensation or reimbursement of any kind from Dealkhana for the feedback under any circumstances.
C. You agree that Dealkhana has all the right to process your data through the automated process to serve you with suitable details (based on your set parameters) from Dealkhana or its consortium of services and may also send you communication in this regard.
8. Privacy of Membership
A. Dealkhana shall take all reasonable efforts to protect any personal data provided to us through reasonable security safeguards against such risks as loss or unauthorized use, destruction, use, modification or disclosure of data etc.
B. Although we will strive to safeguard the confidentiality of your personally identifiable information, any information transacted over the Internet cannot be made absolutely secure. You also agree that the copying the data by using technology or any other new methods of data misuse/theft cannot be secured by Dealkhana and that Dealkhana will have no liability for any such act. Dealkhana member understand and agree that Dealkhana will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. You also agree to keep your username and password confidential, to avoid any misuse of your details at our application/website.
C. Dealkhana members agree that their details(s) may be crawled and indexed by search engines, where Dealkhana and its network do not have any control over the search engines behavior and Dealkhana shall not be responsible for such activities of other search engines/third party websites.
D. You agree that, when you use third party services through Dealkhana, you hereby grant Dealkhana the right to share your information needed for providing such third party services to you or in relation to processing your information for office use of Dealkhana/its payment gateway and/or such third party service providers.
9. Content Right
A. Dealkhana is a project registered in the name of Truenary Solutions Pvt Ltd. You agree that all content of Dealkhana belong to Truenary Solutions Pvt Ltd., being your or third party content including advertisement on the mobile apps and website for which Dealkhana has requisite license/right in terms hereof to display the same on our application/website.
B. You acknowledge that you are responsible for the content and information including the details, photograph and other content(s) keyed in the relevant field of the application/website at the time of the creation of the Dealkhana details or subsequently modified by you and also for all the post and communication (including personalized messages sent by Dealkhana members) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to Dealkhana, you hereby grant Dealkhana a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the Dealkhana's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information in any media formats and through any media channels. Dealkhana also reserves the right to block the registration of your details Dealkhana Services, if any, in the case of your contact details/links being entered in irrelevant fields or if there are errors in data entered by the Dealkhana members in their details.
C. While Dealkhana does not accept any obligation to monitor the content/information, if the content/information is found not to be in compliance with these Terms and Conditions, then Dealkhana may delete the content/information and / or terminate or suspend your registration or without a refund of any subscription paid by you in terms of clause 2 (b) of these terms and conditions. You agree that if the situation warrants Dealkhana may at its sole discretion put restriction on any Dealkhana member to other member’s communications.
D. Dealkhana reserves the right to suspend/delete the details of the users who appropriate the name, email address, contact no or other personally identifiable information of another individual and Dealkhana also reserves its right to initiate appropriate legal action against such individual/organization, as and when Dealkhana get the knowledge of the same.
E. In the event we get a complaint against you and consequently we have suspended/deleted your details in good faith, then we shall not be liable to you in any manner whatsoever, including for any loss, costs, expenses, or consequence, if any.
10. Third Party website
A. Dealkhana member understand and agree that Dealkhana may allow third parties to put up advertisements on the Dealkhana application/website and Dealkhana does not control the contents of such third party advertisement on the Dealkhana application/Website. Third party websites to which links are given on application/website are not governed by these Terms and conditions and all such third party websites are governed by their own terms and conditions for use and privacy policy, and in case of conflict the terms and conditions of the third party website shall prevail. Dealkhana does not in any manner whatsoever authenticate, endorse, verify or certify these third party websites or any contents therein. Please note that a user shall click on links to third party websites at his / her sole risk and responsibility.
B. Dealkhana reserves the right to add/delete/alter/modify/suspend any or all the Dealkhana Services at any time as it may deem fit, without notice. The Dealkhana members are expected to see the change on the application/website.
11. Limitation of liability
A. Dealkhana likes to inform you that the exchange of details(s) through or by Dealkhana should not in any way be construed as a guaranteed offer.
B. The Dealkhana members advertising through Dealkhana are independent contractors and are NOT officers, employees, agents of Dealkhana. Therefore, Dealkhana is not liable for the errors, representation, breaches, acts, or carelessness of any such users for any personal injuries, damages, death or expenses resulting therefrom.
C. You agree not to hold Dealkhana responsible or accountable for third party content, listing, or information and nor liable for any misuse, illegal activity as most postings or information are submitted by various Dealkhana members directly and DEALKHANA do not have any role in its creation.
D. You further agree that Dealkhana is not liable for any loss of revenue, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the content or as a result of any sale, purchase of coupons with other Dealkhana members through use of Dealkhana services.
E. Notwithstanding anything to the contrary contained herein, Dealkhana's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Dealkhana, for any specific Dealkhana paid coupon, and no further.
12. General
A. The Dealkhana services shall be deemed to be used by you when it is loaded and/or continues to be loaded in temporary or permanent memory of your mobile phone, computer or any other device or in the internet browser thereof.
B. In the event you wish to file a complaint against another other Dealkhana members offering coupons on our application, you may do so. However, Dealkhana reserves the sole right to choose to take the right course of action based on the complaint and community standard.
13. Notwithstanding anything contained herein, Dealkhana reserves the absolute right to delete, in any manner as it deems fit, any content of any details listing placed on Dealkhana application/website (once such instance come to Dealkhana notice) in order to ensure compliance with the rules of such placement, prima facie accuracy and the prevailing laws in force for the time being. Dealkhana also reserves the right to block/ delete / suspend the details which might be offensive, illegal or that might violate the rights, harm or threaten the safety of our office bearers/employees (including undue communication with any employee) and/or other registered prospects.
14. In case of conflict between the terms and condition of Dealkhana services and terms and conditions of any other website, the terms and condition of Dealkhana services shall prevail for the service provided.
15. Disclaimer
A. Your access to and use of the Dealkhana Services or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE Dealkhana SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.. Dealkhana does not warrant that the Website, the application, its servers, or e-mail sent from Dealkhana are free of viruses or other harmful components. Dealkhana will not be liable for any damages of any kind arising from the use of this Dealkhana services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
B. Dealkhana does not give any implied or explicit guarantee or warranty of purchase/sale of coupons by you choosing to register using Dealkhana services (both paid and free).
C. Notwithstanding anything contrary contained anywhere, under no circumstances, Dealkhana shall be held responsible or liable whatsoever or howsoever, arising out of, relating to or connected with:
i. any act or omission done by Dealkhana
ii. any untrue or incorrect information submitted by you or on your behalf
iii. any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user (including suspension/deletion of the details from Dealkhana);
iv. any unauthorized or illegal act done by any third party relating to or connected with anyinformation submitted by you or on your behalf;
v. any Cyber crime attempted or committed by anyone and
vi. any incident of force-majeure or 'act of god'.
vii. Any issue already stated in these terms and conditions including limitation of liability clause of these terms and conditions.
viii. Dealkhana shall not be liable for the outcome of any interaction in a meeting, call, sms, chat, email or social media posts at any point of time
ix. Any issues relating to any technical malfunction of any telecommunication network, software, hardware failures, network congestion, denial of service, failure due to spamming or any combination of the above.
D. You expressly agree that your use of Dealkhana mobile app and Website is at your sole risk.
16. Indemnity
By using our Dealkhana services you agree to defend, indemnify, and hold harmless Dealkhana, it’s Directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through content submitted by the Dealkhana member or Dealkhana member’s violation of rights of third party through improper use of the service provided by Dealkhana. This defense and indemnification obligation will survive in perpetuity.
17. Breach
You agree that if we receive feedback/ complaints against your details in relation to the facts that you have provided incorrect information on our website or application; or committed any unlawful/illegal activities through the use of our website or application; or created details on our website or application by impersonation/ fake/ bogus/ false/ misrepresentation/ without consent of the person whose details is being registered or use only part information including using photo of third parties without the permission of such third parties or act with other members/employees in indecent/improper manner, then we/Dealkhana in good faith reserve our right to suspend/delete your details at our sole discretion without any notice to you, we also reserve to stop all Dealkhana services to you and take any action as mentioned in clause 2 (b) of the Terms and Conditions.
Dealkhana reserves the right to forthwith terminate your Dealkhana membership, block/delete your details and forfeit entire amount paid as membership fee; if at any time Dealkhana, in its sole discretion, is of the opinion or has any reason to believe that, you have violated these Terms and conditions of use. We also reserve our right to file appropriate police complaint against you, if the breach of these terms and conditions is/are criminal in nature. Dealkhana may claim compensation for any loss occurred by breach of Terms and Conditions.
18. Termination
A. Unless otherwise provided in these Terms and Conditions, Dealkhana membership may be terminated by Dealkhana / you without assigning any reasons.
B. Upon termination / suspension of Dealkhana membership, your right to use or access the Dealkhana services will cease immediately. All provisions of this terms and conditions that by their nature should survive termination. Termination of your access to and use of the Dealkhana Services shall not relieve you of any obligations arising or occurring prior to such termination.
19. Jurisdiction and Applicable Law
A. The registration of Dealkhana membership and all Dealkhana services are deemed to have been entered into within the territorial Jurisdiction of Nepal. These terms and conditions shall be governed by laws of Nepal.
20. Complaints, Differences and Disputes
A. You and the other Dealkhana members are both registered Dealkhana members and are bound by these terms and conditions. Dealkhana Members are solely responsible for the communications (through any medium) with other Dealkhana members offering coupons or vice versa. Dealkhana expressly disclaims any responsibility or liability for any transaction(s) or exchange(s) or interaction(s) or passing of information(s) etc. between any Dealkhana members via e-mail, chat, interaction or any other medium of communication between Dealkhana members either using application/website or otherwise. Dealkhana has no obligation, to monitor any such disputes arising between the Dealkhana members, and Dealkhana shall not be party to any such dispute/litigation etc.
B. Any issues or concerns or disputes related to the validity or applicability of the coupon shall be communicated by Dealkhana member to Dealkhana support team before the expiry of term of the coupon. After the receipt of any compliant from the Dealkhana member, the Dealkhna Support team shall take action within fifteen (15) days from the date of complaint, to resolve such issues or concerns. No action can be taken before allowing Dealkhana the time to come to a solution. Dealkhana shall rectify such concerns so long as the concerns of coupons are valid and genuine.
You hereby, unconditionally and irrevocably confirm that you have read terms and conditions and agree to abide by them and the information provided by you is true and correct.
