1. INTRODUCTION

Welcome to Chasmahub.com. Please read our terms and conditions carefully governing your access and use of Chasmahub along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and agree to comply with these terms and conditions (the "User Agreement"). If you do not agree to be bound by this User Agreement, please do not access, register or use this site. This site is owned and operated by Drishti Eye Care Center (Registration No. 140623).

By accessing or using the service you agree to bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the service.

2. ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene end.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

3. PURCHASES

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, personal details, your billing address, your shipping information, information of your payment gateways like E-Sewa and Khalti.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. TRADEMARKS AND COPYRIGHTS

Drishti Logo and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

All intellectual property rights, whether registered or unregistered, in the site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the site also are protected by copyright as a collective work under Nepali copyright laws and international conventions. All rights are reserved.

5. PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in Nepalese Rupees and are inclusive of VAT. Items in your Shopping cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may go down between the time you place it in your basket and the time you purchase it. 

6. COMMUNICATING WITH US

When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transnational, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat and prioritize all modes of communication.

7. AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

8. CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the upgrades at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

9. CLAIMS AGAINST INFRINGING CONTENT

We respect the intellectual property of others. If you believe that your intellectual property rights have been violated, please write to us at legal@chasmahub.com and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offence and may be followed by legal proceedings.

10. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 11. INDEMNITY

You shall indemnify and hold harmless Chasmahub.com as owned by Drishti Eye Care System, its subsidiaries, affiliates and any of their staff members from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Chasmahub.com as owned by Drishti Eye Care Centre and /or its affiliates and/or any of its staff members from any cost, damage, liability or other consequence of any of the actions/inactions of the sellers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

12. LIMITATION OF LIABILITY

In no event shall ChasmaHub, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with the laws of the Federal Democratic The Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Kathmandu. 

14. DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, non-infringement or course of performance.

ChasmaHub, its subsidiaries, affiliates, and its licencors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

15.EXCLUSIONS Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

16. GOVERNING LAW

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

17. Reselling of ChasmaHub Products

Reselling ChasmaHub products for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.

18. Coupon Voucher

Each issued Promotional voucher (App voucher and New customer voucher) will be valid for use by a customer only once. Multiple usages changing identity is illegal.

The promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.

The promotional voucher may not be valid during the sale or in conjunction with any special promotion.

The voucher will work only if the minimum purchase amount and other conditions are met.

ChasmaHub reserves the right to vary or terminate the operation of any voucher at any time without notice.

Vouchers are not replaceable if expired.

19. CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

20. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

CONTACT US

If you have any questions about these Terms, please contact us by visiting our contact page.