Collecting Personal Information and its use
1. In the course of your use of Nepills , you provide us with certain information, as mentioned below (collectively referred to as the “Personal Information”), which we may collect, store and use for providing the Services and performing our contractual obligations, other than allowing us to better understand the Website/Mobile Application users and improve the layout and functionality of Nepills
* Information about your name, address, phone number, e-mail address, billing and credit/debit/charge card information, order history, feedback, about your visits to and use of Nepills (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, and Website/Mobile Application navigation etc.)
* Information relating to any transactions carried out between you and us on or in relation to Nepills , including information relating to any purchases you make of our Products or Services
* Information that you provide to us for registering with us as a Registered User (including your Account details)
* Information that you provide to us for subscribing to Nepills services, e-mail notifications, and/or newsletters
* Any other information that you choose to send to us; and feedback including Product/Service reviews
2. We may use the Personal Information that you provide or that is obtained by us:
* To register you with Nepills and to administer and provide our Services, as mentioned on Nepills
* To fulfill our agreement of providing Services to you, including those relating to your purchase of Products and their processing and obtaining payment
* To analyze and profile your shopping preferences (market, customer and product analysis etc.) to enable us to review, develop and improve the Products and Services we offer and to enable us to provide you and other customers with relevant information through our marketing programs. We may use your Personal Information to make decisions about your using computerized technology, for example automatically selecting Products and Services which we think will interest you from the information we have. We may keep you informed of such Products and Services including special offers, discounts, offers, competitions and so on (including products and services of other companies and organizations) by e-mail, telephone (including automated calls),SMS text messages and other electronic messages such as picture messaging, post, fax or other social media services/platforms.
* When you provide us with your information, you will be given the option to mention if you do not wish to receive information of such products and services from either us or carefully chosen third parties;
3. We may supplement the Personal Information that you provide to us with information that we receive from third parties (e.g., credit reference agencies)
4. In order to protect our customers and us from fraud and theft, we may share all or any of the Personal Information that we obtain (for confirming identity and other information in our customer records, including how you conduct your Account etc.), with other Group companies/subsidiaries/affiliates of “RACMA”, other third parties, companies, retailers and to financial and other organizations (including law enforcement agencies) involved in fraud prevention and detection, to use in the same way
Disclosure of Your Information
5. While we will make every effort to safeguard and keep confidential the information provided to us, we might share your Personal Information with other Group companies/subsidiaries/affiliates of “RACMA” and other third parties, companies, retailers and organizations whose services or Products we provide to you through Nepills, for the following reasons:
* To our agents, staff and approved third parties to provide services for us
* To anyone to whom we assign or transfer our rights and duties under our agreement with you
* If we have a duty to do so or if the law compels us to do so either in connection with any legal proceedings or prospective legal proceedings; or in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
8. We take all steps reasonably necessary to protect against unauthorized access, use, alteration, disclosure, or destruction of Personal Information. Any information that we collect and store that is personally identifiable is protected using appropriate means, and “RACMA” is not responsible for any unauthorized access or use by third parties, unless such access is enabled because of our gross negligence or wilful misconduct.
9. Protecting your Personal Information is very important to us. Therefore to better protect the Personal Information, (a) we take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your Personal Information (b) we store all the Personal Information you provide to us on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using technology, which “RACMA” deems fit and proper (c) we display only the last four digits of your credit/debit card numbers, whilst in case of the use of Visa or MasterCard the CVV number will be requested. It is important for you to protect against unauthorized access to your Account and password and to your computer. You must ensure that you log out/ sign-off from your Account, when you are exiting Nepills
10. We may withhold such Personal Information to the extent permitted by law
11. You may instruct us not to process your Personal Information for marketing purposes by e-mail at any time. If you are concerned that any of the Personal Information that we hold is inaccurate, you may Contact Us
12. Our Website/Mobile Application may contain links to other Website/Mobile Applications. “RACMA” is not responsible for the privacy practices of Website/Mobile Applications not operated by “RACMA”. We encourage users to read the privacy statements of each and every Website/Mobile Application that collects Personal Information
13. You may receive emails from “RACMA” based on your subscription request. If you wish at any time to unsubscribe, you may click the “Unsubscribe” link at the bottom of any email communication
15. We reserve the right to change these Terms and conditions at any time. Any such changes will be deemed to have taken effect when posted on Nepills and it is your responsibility to read the Terms on each occasion you use Nepills. By accessing Nepills, registering an Account or using the Services offered by “RACMA” on the Website/Mobile Application, you agree to be bound by the Terms. If you do not agree with all or any of the Terms, your sole recourse is to discontinue your use of Nepills.
16. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of Nepills shall remain at all times vested in us or our licensors. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.
17. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to “RACMA”, unless otherwise noted. The Marks on Nepills are variously protected by the laws of Nepal. Use of any of these Marks may not be made without the prior written consent of “RACMA”, except for the sole purpose of identifying the Products or Services originating from “RACMA”.
18. You acknowledge and agree that the material and content shown at Nepills is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this Website/Mobile Application. You further acknowledge that any other use of the material and content of Nepills is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
19. The Website/Mobile Application may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on Nepills. You warrant that any such User Content submitted by you to Nepills is original (and does not infringe the copyright of others), and you hereby grant “RACMA” a perpetual, irrevocable, non-exclusive, royalty free license to use such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. You agree that you will not post any content that is contrary to public moral or is defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law, in which event, “RACMA” reserves whole rights to immediately delete the same and block you from publishing such content.
20. “RACMA” has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
Liability and Indemnity
21. “RACMA” does not warrant that the Website/Mobile Application or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through Nepills.
22. “RACMA” makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Website/Mobile Application or Services available through it.
23. Although “RACMA” takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to Nepills, “RACMA” does not represent or warrant that the Website/Mobile Application, or the Service or Products or materials that may be made available through Nepills are free from such destructive features. “RACMA” is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
24. In no event shall “RACMA” be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if “RACMA” has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on Nepills, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through Nepills; (ii) your provision of information, personal or otherwise, to “RACMA”; (iii) the provision of Services by “RACMA”; or (iv) acts or negligence on the part of “RACMA”, its agents or employees.
25. TO THE FULLEST EXTENT PERMITTED BY LAW, “RACMA” DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE/MOBILE APPLICATION OR “RACMA”’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY “RACMA”, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE WEBSITE/MOBILE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE/MOBILE APPLICATION IS AT YOUR SOLE RISK.
26. Notwithstanding anything herein to the contrary, “RACMA”’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website/Mobile Application, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same cause.
27. We will take all reasonable precautions to keep the details of your order and payment secure, but, notwithstanding anything contained under this agreement, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you use Nepills, you are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. Nepills is not intended for selling Products to children, but only to adults who can purchase with a Card or other permitted payment method. If you are under 21 years of age you can use Nepills only with the permission and involvement of your parent or guardian, subject to applicable law.
28. “RACMA” reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at their sole discretion.
29. By using Nepills and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and hold “RACMA”, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of Nepills or the Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing Nepills or the Service, or any action taken by “RACMA” as part of its investigation of a suspected violation of these Terms or as a result of it’s finding or decision that a violation of these Terms has occurred.
30. Your use of the Website/Mobile Application and the contract between you and “RACMA” shall be governed by the law of Nepal, without regard to the conflict of law rules and any dispute between you and “RACMA” will be only resolved exclusively in the Courts at Kathmandu, Nepal but not in any other Court.
31. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.
32. “RACMA” shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond its reasonable control. For the avoidance of any doubt, Force Majeure events shall, without being limited, mean and include events of war, riots, civil war, rebellion, earthquake, cyclones, flood or any other natural physical disaster and/or acts of God.
33. Any links or references to other Internet sites (“hyperlinks”) contained on Nepills are provided by “RACMA” merely as a convenience to users of Nepills, and “RACMA” is not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should no way be construed as an endorsement, representation or promotion by “RACMA” as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at your own risk and cost.
34. You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by “RACMA”.
35. “RACMA” reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.
36. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.
37. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.
38. No delay or failure by “RACMA” to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of “RACMA”.
39. These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and “RACMA” relating to the use of Nepills (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and “RACMA” for your use of Nepills.
40. When you visit Nepills or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on Nepills. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.