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TERMS OF USE

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms of Use” or “Agreement”).

These Terms of Use sets forth legally binding terms and conditions and the nature of services offered by www.bhojplanner.com (hereinafter referred to as “BhojPlanner” or “Website” or “We” or “us”). The website is owned and operated by Nebira Technology Pvt. Ltd. a private limited company incorporated under the provisions of the Companies Act 2063 and has its registered office at Kathmandu Metropolitan City ward number 32. The use of this Website (and any other feature, content, or application offered from time to time by the Website) is subject at all times to these Terms of Use (and may be modified by us from time to time) and all applicable laws, rules, and regulations. We recommend that before accessing and using BhojPlanner, you must read and agree to these Terms of Use.

1. ACCEPTANCE OF TERMS

By using BhojPlanner in any manner, including but not limited to browsing and registering on BhojPlanner, you agree that you have read, understood, and agreed to the terms and conditions set below. If you do not agree to be bound by these Terms of Use, please do not access or use this website. BhojPlanner is not intended for use by minors or by any person who is not capable of understanding, entering into, and following these Terms of Use or any other related policies. If BhojPlanner has reason to believe that you are under the age of 18 years, we have the right(but not obliged) to suspend and revoke your access to the website, decline or cancel any bookings made using your Account and also suspend or delete your account. These Terms of Use may be modified, changed or altered by us at any time without any prior notice. By agreeing to these Terms of Use, you hereby accept that you shall be responsible for periodically checking the changes and updates to these Terms of Use. It is agreed that your continued access to the Website after such changes are made, shall conclusively demonstrate your due acceptance of them.

WHAT WE FACILITATE

BhojPlanner provides services through vendors and connects the customers with the Vendors to aid all the services, in accordance with these Terms of Use. We stay involved with the customer right from the start when the booking is made through the BhojPlanner and throughout the customer's event despite the Vendor being responsible for the services. Our primary goal is to ensure that customers have a great and comfortable experience through coordination with the vendor.

USER’S RESPONSIBILITY

Users are strictly advised to check the description of the services from the Vendors very carefully before booking. Users agree to be bound by all the conditions as contained in the booking confirmation. Also if a user is making a booking on behalf of another person, it shall be the responsibility of the user to inform such person about the terms of Use, including all the rules and regulations which are applicable. In this regard, BhojPlanner shall not be responsible in any manner whatsoever. The Users also authorize NEBIRA TECHNOLOGY’S representative to contact such users over the phone, message, email, Facebook, WhatsApp, Instagram.

● PRICING

Prices that are published on the BhojPlanner website are dynamic in nature and are also subjected to frequent changes and updates.

2. USE OF WEBSITE

Any unauthorized use of and access to the website is strictly prohibited. By accessing and using this website, you warrant that

a. all the registration information provided by you is accurate and true.

b. You agree to maintain the accuracy of the information that you provided.

c. You are above 18 years of age.

d. The use of the website by you does not violate any rules and regulations.

e. Agree to comply with all the applicable laws and rules regarding the use of BhojPlanner services.

3. PLATFORM FOR TRANSACTION

BhojPlanner is a tech-based platform that provides banquet owners and Vendors providing services across Nepal to grow their business by increasing their visibility among potential customers and managing their sales. We have a wide variety of banquets and services available on the bhojplanner.com platform. BhojPlanner is a platform to assist you to connect to banquets and vendors in respect to all the services and products offered by them for wedding functions, corporate events, or any other kind of event.. You may use the bhojplanner.com platform to search for all the services offered by the banquets and vendors using all the features that are available on the bhojplanner.com platform. You can also refer to the Contact Us section to directly speak to the members of our team who will help you find suitable banquets and services within your preferred budget and with your preferred amenities. You agree and acknowledge that

a. BhojPlanner is not and cannot be a party to or control in any manner any transaction between you and the vendors or banquets.

b. The price and other information posted on BhojPlanner is provided on an “as is” basis and is published as provided to us by the vendors. BhojPlanner takes steps to verify the price and other information as provided by the vendor, however, it shall not be responsible for any variation in the price and other information of the products or services listed on the website.

c. BhojPlanner does not assume any responsibility for the accuracy of the availability status of the products or the services.

d. Any price shared over recommendation email is tentative in nature and the final price may vary on the basis of date or menu selected.

e. The cancellation policy and the payment terms as listed on the website and communicated through any other medium are as provided by the vendor and BhojPlanner has no control over them.

f. Booking of products and services cannot be canceled unless clearly specified by the vendor in their cancellation policy.

g. BhojPlanner does not make any representation or warranty as to specifics(such as quality, value, delivery etc.) of the products or services proposed to be sold or offered to be sold or purchased on the website. BhojPlanner does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website. BhojPlanner accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

h. In case there is a dispute between you and the vendor, both the disputing parties will attempt to resolve the said dispute amicably. However, if the parties fail to resolve the said dispute , the parties will then refer to BhojPlanner for an amicable solution. You agree that BhojPlanner will make a decision at its own discretion and the said decision will be final and binding.

4. SEARCHING FOR BANQUETS

We have a wide variety of spaces available on the bhojplanner.com platform. You may use the BhojPlanner platform to search for and book all the services offered by vendors using the features on the BhojPlanner website. You can refer to the Contact Us section to speak to a member of our team who will try to help you find a suitable space within your preferred budget and preferred amenities. You agree and acknowledge BhojPlanner is not bound to offer any, or any particular services on the BhojPlanner platform and may choose whether or not to offer a service at its sole discretion. Rankings: In the search results of the bhojplanner.com platform, the listings are ranked based on the various parameters which incorporate venue-level, user preferences, type of search etc. The main and significant parameters are listed below:

a. User search parameters(e.g. The number of user searches, type of city, etc.)

b. Property characteristics (e.g. guest reviews and ratings, location of the venue, discount offered, etc.)

c. User’s preferences (e.g. preferred price, preferred amenities, rating preference, etc.).

d. The ranking of listings changes from user to user and may appear different on mobile applications and websites. The properties will be “boosted” in the listing/ranking as a part of a program and will be tagged appropriately.

5. PERMITTED USES

BhojPlanner declares that any material from this website is not allowed to be copied or distributed or republished or transmitted in any way, without the consent of BhojPlanner. Any unauthorized use of or violation of these Terms of Use shall immediately and automatically terminate your right to access and use this website and shall further subject you to legal liability. You warrant BhojPlanner that you shall not use the website for any purpose that is unlawful, unauthorized, or inconsistent with these terms and you agree that your right to use this website will terminate immediately upon your violation of these terms. BhojPlanner reserves the right to block or terminate your access to the website and remove non-compliant information at any time, with or without any prior notice in the event you are in non-compliance with these terms or BhojPlanner privacy policy. BhojPlanner will not host, store or publish any unlawful information, which is prohibited under the law in the interest of sovereignty of Nepal, security of the country, public order or morality or in contempt of court, is defamatory or incites an offense regarding the above. Any such unlawful and unwanted information will be removed automatically without any information. Although such information shall be removed from the website you will consent that BhojPlanner retains such information that has been removed from the website to provide such information to authorities for any action that can be taken against you by the law.

You confirm and undertake that you shall not use the website to host, display, upload, modify, publish, update, store and share any information/data that:

a. Belongs to another person and to which the user has no rights whatsoever.

b. Is obscene, pornographic, defamatory, paedophilic, violates others’ privacy which includes bodily privacy, harassing on the basis of caste or gender, racial discrimination, relating and encouraging money laundering or gambling, or unlawful.

c. Is harmful to children and minors.

d. Infringes any trademark and copyright.

e. Violates the law of the country.

f. Deceiving and misleading information about anyone or any business.

g. Impersonating another person.

h. Using this platform for any malicious agenda and harmful act.

i. Threatens the unity and sovereignty of the country, cause disorder in public, or any other offense.

j. Contains any kind of virus or computer code or program that harms and destroys the functionality of any computer resource.

k. Cause fraudulent or involves the use of counterfeit or stolen cards or digital pay. l. Any attempt to use the account, username, or password of another user or disclosing your password to any third party, or permitting third-party access to your account shall not create liability for BhojPlanner. If you offend these Terms of Use or BhojPlanner has reasonable grounds to suspect that you have offended these terms, BhojPlanner has the right to terminate your access or usage of the website immediately and refuse to honor any of your requests.

OBSCENE/PROHIBITED CONTENT USE

BhojPlanner strictly prohibits any users to share, uploading, publish any obscene content to its platform. Severe action according to the law can be taken against such users who use this website for such an act. But if you are exposed and have concerns about the content in the website such as:

a. Is in the nature of any material which exposes the private area of an individual's body.

b. Shows an individual in full or partial nudity.

c. Shows an individual in any kind of sexual activity.

d. Shows morphed images of individuals.

Then you or any person on your behalf may raise grievance by reaching out to us at info@bhojplanner.com.

Furthermore, you are also prohibited from engaging in the activities listed below:

a. Retrieve data or other content from the BhojPlanner platform to create a database directory without permission from BhojPlanner.

b. Using the website to collect names, email addresses, and contact information of the users by electronic or any other means.

c. Engage in unauthorized linking of the website from any other sites.

d. Trick us or the users in learning sensitive data from users or us directly or indirectly.

e. Interfere with the website or network and services provided by the platform.

f. Impersonating other users and using the account of other users in any way.

g. Use any information obtained from the website in order to harass or harm other people.

h. Attempt to bypass any measures of the website to restrict access to the website.

6. PRIVACY TERMS

BhojPlanner is always committed to protecting your information. Our privacy policy which can be found on the website provides the details about the information we collect about you, how we use it and how we protect it. It also gives you a brief knowledge that explains your rights and also how you may contact us if you have any queries about how we use your information. Furthermore, BhojPlanner, upon the request or order of government or any order from the court or any authority of government will provide information or assistance to the authorized government agencies for verification and traceability of the user, or investigation, detection, cyber security incidents, and punishment of offenses under any law.

7. DISCLAIMERS

All the information and services available on the website may include inaccuracies, typo errors or outdated information, BhojPlanner is not responsible for and shall not be bound to honor typo errors or pricing errors on the website. BhojPlanner reserves the right to refuse or cancel any services at any time in which BhojPlanner believes you may have violated the terms and conditions. BhojPlanner does not make any representations regarding the quality, accuracy, or completeness of any data, information, product, or service. Any assurance to the quality, accuracy of the services are straightly provided by the vendors who provide the services. BhojPlanner shall not be responsible for the delay of services from vendors or the inability of the vendors to provide those services. BhojPlanner only provides the platform for customers and vendors to work out the service customer desires and services the vendors provide. The services provided are all marketed to the vendors. BhojPlanner shall not be responsible for the non-availability of the BhojPlanner services during periodic maintenance or any other unplanned suspension of access to the website that may occur due to any technical reasons. You agree that any content downloaded from the website is done solely at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such content or data. Due to the nature of the internet, BhojPlanner cannot guarantee the continuous and uninterrupted availability and accessibility of the website. BhojPlanner has the right to restrict the availability of the website to particular areas or particular countries. BhojPlanner reserves the right to enhance and modify the website or introduce new BhojPlanner services from time to time.

8. COMMUNICATIONS TERMS

While you are using the website, you understand that you are communicating with BhojPlanner through an electronic method. BhojPlanner may communicate with you by email or by such other modes of communications, electronic or otherwise. You specifically agree that BhojPlanner shall not be responsible for unauthorized access to or alteration of your transmissions or data, any content or data sent and received or not sent or received. BhojPlanner will make best efforts to safeguard your confidential information available to BhojPlanner, but transmissions done by the means of internet cannot be guaranteed or made absolutely secure. By using this website you agree that BhojPlanner shall not be liable for disclosure of your information due to errors in transmission or unauthorized act of third parties. BhojPlanner shall not be liable or responsible for ‘Phishing attacks’ on you. You may accept or decline the cookies when you access the website.

9. INTELLECTUAL PROPERTY TERMS

This website and the content in the website which shall include all the pictures, graphics, text, designs, logos, audio, video, information, data, etc. is protected and owned by BhojPlanner. BhojPlanner is the direct product that is directly owned by Nebira Technology Pvt. Ltd. You may provide feedback, ideas and suggestions to BhojPlanner. All feedback, ideas, suggestions that are provided by you to BhojPlanner will be deemed to include royalty-free, irrevocable, non-exclusive. You represent that you own or otherwise control all of the rights to the content that you may contribute to the website and that use of such content by BhojPlanner shall not infringe or violate the rights of any third party. 10. LIABILITY LIMITATIONS TERMS BhojPlanner shall not be held liable for any damages of any kind including direct, indirect, accidental, incidental, damages for loss of data or profits or other intangible losses, which may arise from the use of this website or any other information, software and services contained within this website. IN NO EVENT SHALL BHOJPLANNER OR ITS PARENT COMPANY OR DIRECTORS, OFFICERS, EMPLOYEE OF THE COMPANY BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BHOJPLANNER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF PAID, PAID BY YOU TO BHOJPLANNER FOR THE SERVICES PROVIDED BY BHOJPLANNER DURING YOUR TERMS OF USE. BHOJPLANNER WILL NOT BE LIABLE FOR USER CONTENT OR FOR OFFENSIVE, DEFAMATORY, RACIAL OFFENSE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH RESTS ENTIRELY WITH YOU. You hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the site, communication or these terms and conditions after 1 year from the occurrence of the kind of act, event, condition or omission upon which the claim or cause of action is based.

11. UNFORESEEABLE CIRCUMSTANCES TERMS

BhojPlanner shall not be held responsible for any kind of delay of services caused by acts beyond our control which includes acts of gods, acts or war or terrorism, acts of strikes, an outbreak of any epidemic or pandemic, natural disasters, lockdown which may be a result of any sort which is imposed by the government, cyber-attacks, and breakdown of our website or loss of data which may include loss of data from power failures and technical difficulties. You agree BhojPlanner shall not be liable for any claim.

12. WAIVER AND SEVERABILITY TERMS

Any kind of failure and delay of the company to enforce any right of these terms shall not constitute a waiver of such right. Any single or partial exercise by BhojPlanner of any right, power, or privilege precludes any other future exercise or enforcement thereof. Each of the terms contained in this agreement shall be severable, and the unenforceability of one or more provisions or rights of this agreement shall not affect the enforceability of any other provisions or right of the remainder of this agreement. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision.

13. ASSIGNMENT TERMS

BhojPlanner reserves the complete right to assign any of its rights and obligations under this agreement to any third party or associate.

14. ENTIRE AGREEMENT AND UNDERSTANDING

These terms of use together with any terms and conditions incorporated herein constitute the entire agreement and understanding between the parties relating to the subject matter hereof and supersedes any prior agreements and understandings of any sort regarding the subject matter. It may not be amended or modified except in writing for making such amendments or modifications available on the website.

15. GRIEVANCES TERMS

In the case of any grievances or complaints in relation to the BhojPlanner platform, you may reach out to the members of the BhojPlanner team by contacting us using the Contact Us section. You may also file a written complaint and mail it to us at info@bhojplanner.com. You may also provide details or links of any obscene or prohibited content on the website to the above email id. BhojPlanner will take reasonable and strict action against such content or user for uploading such content to its platform within the law. BhojPlanner will acknowledge the receipt of such a complaint. BhojPlanner may allocate a ticket number for such complaints made by you.

16. DISPUTES RESOLUTION TERMS

The disputes in connection with the terms and conditions between you and the platform will be governed by the laws. The disputes between you and vendors will be first solved by both the parties and if disputes are not solved by you nor the vendors BhojPlanner may help out on behalf of you and vendors if both parties will not come to terms. In this case, the decision made by BhojPlanner will be final and both parties agree to abide by the decision of BhojPlanner.

17. JURISDICTION TERMS

You agree that all claims, differences, and disputes arising in connection with this agreement, the terms and conditions of this agreement or any transaction entered into on or through the website or the relationship between you and BhojPlanner shall be subjected to the exclusive jurisdiction of the courts. All transactions entered through BhojPlanner shall be interpreted and governed by the laws.

18. CYBERATTACK TERMS

BhojPlanner is a platform on the internet that provides services to users. The internet is not so secure, there are various people attacking the websites for their own gain. BhojPlanner is whatsoever not liable if the website has been cyber-attacked which may result in the disclosure of sensitive data. You agree BhojPlanner is not subjected to any claims arising from such situations. Moreover, even your computer system may be prone to attacks, BhojPlanner will not be held liable for such attacks on your system.

19. CONTACT US

For users, for any support, issues, and grievances, vendors please reach out to us using the details below:

Email - info@bhojplanner.com

Contact Number: +977 9847858385

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