The terms “we,” “us,” “our,” and “Kathmandu.gallery” refer to Kathmandu.gallery, an online store in Nepal, and/or our subsidiaries. The term “you” refers to the customer utilizing, visiting, or accessing the website, a+nd/or listing or accessing a listing on / from this website or all our managed websites and apps or through our customer service agents.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Services and all Content and constitute a binding legal agreement between you and Kathmandu.gallery.
We reserve the right at any time, at our sole discretion, to change or modify the Terms without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms. Failure to use the Site and or Applications in accordance with these Terms may subject you to civil and criminal penalties.
About Kathmandu.gallery This website is a platform where hosts shares the information about the Nepalese handicraft product and also makes available to purchase the products either displayed in the apartment or from the vendors who have registered on the website.
We have no responsibility for information posted on this website by others, including, but not limited to users, hosts and advertisers. We are not responsible for the actions and behaviors of users who came in contact through our services or websites and apps.
You are responsible for any and all costs associated with using the website or our services.
Third Party Websites, Links, Content and Services
The website, service, and content available through the website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the website, including third party websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we have no control over such sites and resources, and you agree that we are not responsible for the content, functionality, availability, advertising, products, or other materials or services of such sites or any additional links contained therein. The existence of a link on the website does not constitute an or imply an endorsement in any manner whatsoever of such third party site, service, product, material, or content thereon. You have full liability, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with your access to, use of, or reliance on any element of such link or third party site or resources.
Your interactions with organizations and/or individuals found on or through the website and/or the service, including users, guests, and/or hosts, and including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any user, guest, and/or host, or any other party or third party. We do not control such parties, third parties, or any other website and are not responsible for their actions, content or the privacy or other practices of any other website.
Disclaimer of Warranties
All content, including software, products, services, information, text and related graphics contained within or available through the site are provided to you on an “ AS IS,” “AS AVAILABLE” basis. Kathmandu.gallery makes no representations or warranties of any kind, either express or implied, as to the operation of this website or the information, content or materials included on this website and to the fullest extent permissible pursuant to applicable law, Kathmandu.gallery disclaims all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Kathmandu.gallery does not warrant or make any representations that the site will operate error-free or uninterrupted, that defects will be corrected, or that the site and/or its services will be free of viruses and/or other harmful components. Kathmandu.gallery does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the site for any purpose, including software, products, services, information, text and relate graphic content.
Kathmandu.gallery is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.
General Limitation of Liability
To the extent permitted by law, in no event shall Kathmandu.gallery including its respective officers, directors, employees, representatives, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents (collectively the “covered parties”).
Be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever, including not limited to ( where relevant, caused by);
(I) Loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, business interruption, data or other intangible losses; (II) Your inability to use, unauthorized use of, delay performance or non-performance of the site; (III) Unauthorized access to or tampering with your personal information or transmissions; (IV) The provision or failure to provide any service, including services rendered or products offered by the gallery, (partial) cancellations or overbookings; (V) Errors or inaccuracies contained on the site or any information (including rates, availability and ratings of the products as made available on the site), software , products, services, and related graphics obtained through the site; (VI) any transactions entered into through the site; (VII) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the site or any site to which it provides hyperlinks; or (VIII) damages otherwise arising out of the use of the site, any use, delay or inability to use the site, or any information, products, or services obtained through the site; or (IX) any (personal) injury, death, property damage, or other damages attributable to the products ( its employees, directors, officers, agent, representatives or affiliated companies) (X) any damages caused by a force majeure event.
The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, and strict liability or otherwise, even if a covered party has been advised of the possibility of damages. A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Apartments’ breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of an Apartments (including any liability in tort), as to any products and/or services available through the Site. Kathmandu.gallery does not guarantee continuous access without interruption to the Site.
You understand and agree that we may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users.
Notice to you may be made via website either or regular mail. We may also provide notices of changes to the agreement or other matters by displaying notices or links to you generally on the website.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site. You may submit Feedback by emailing us at [email protected] . You acknowledge and agree that all Feedback will be the sole and exclusive property of Kathmandu.gallery and you hereby irrevocably assign to Kathmandu.gallery and agree to assign to all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.
This Agreement constitutes the entire agreement between you and Kathmandu.gallery and governs your use of the Website and the Service, superseding any prior agreements between you and Kathmandu.gallery. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Kathmandu.gallery to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kathmandu.gallery.
You confirm that you have read, understand and agree to the Kathmandu.gallery Terms & Conditions, the terms of which are incorporated herein. The section titles in this Agreement are for convenience only and have no legal or contractual effect.