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Tudoholic: Terms of Use

Welcome to Tudoholic. This document is an electronic record in terms of Information Technology Act and published in accordance with the provisions of Rules of I&T of Nepal ) of the Information Technology (Intermediaries guidelines) Rules, 2017 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Tudoholic marketplace platform - www.tudoholic.com (hereinafter referred to as "Platform")
Your use of the Tudoholic and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Tudoholic including the applicable policies which are incorporated herein by way of reference. By mere use of the Tudoholic, You shall be contracting with Tudoholic Consumer Services, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Tudoholic.


1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
  • immediately notify Tudoholic of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session

2. Services Offered:
Tudoholic provides a number of Internet-based services through the Platform. One such Service enables Users to purchase merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Tudoholic does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:

    • belongs to another person and to which You do not have any right to

    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever

    • is misleading in any way

    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

    • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity

    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)

    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses

    • contains video, photographs, or images of another person (with a minor or an adult).

    • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

    • interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services

    • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products

    • violates any law for the time being in force

    • shall not be false, inaccurate or misleading

    • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers

  • A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

    • Users doesn't reply to the payment verification mail sent by Tudoholic

    • Users fails to produce adequate documents during the payment details verification

    • Misuse of another Users's phone/email

    • Users uses invalid address, email and phone no.

    • Overuse of a voucher code

    • Use of a special voucher not tagged to the email ID used.

    • Users returns the wrong product

    • Users refuses to pay for an order

    • User with a very high return rate

    • Repeated request for monetary compensation for fake/used order

  • Tudoholic may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Tudoholic:

    • Products ordered are not for self-consumption but for commercial resale

    • Multiple orders placed for same product at the same address, depending on the product category.

    • Bulk quantity of the same product ordered

    • Invalid address given in order details

    • Any malpractice used to place the order

    • Any promotional discount code used for placing the 'Bulk Order' may not be refunded

  • Any order paced using a technological glitch/loophole.

4. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Tudoholic has no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

  • do not remove any proprietary notice language in all copies of such documents,

  • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

  • make no modifications to any such information, and

  • do not make any additional representations or warranties relating to such documents.

5. Privacy:

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act and Rules there under.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy respond to claims that an advertisement, posting or other content violates the rights of a third party or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Tudoholic, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Tudoholic.

  • Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:

    • If you are a minor i.e. under the age of 16 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Tudoholic, such use or transaction may be made by your legal guardian or parents on the Platform.

    • Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.

    • Financial Information: details for net banking services and Wallet services. Please be advised that Tudoholic ensures the highest degree of data security, while encrypting as per the guidelines specified by NRB Standards.

    • Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Tudoholic for purposes of tax or regulatory compliance.

    • Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Tudoholic.

    • User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.

    • Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.

    • Shared Information: What types of information are not allowed on Platform?

    • Nudity or other sexually suggestive content

    • Hate speech, credible threats or direct attacks on an individual or group

    • Content that contains self-harm or excessive violence

    • Fake or impostor profiles

    • Spam

  • Technical and functional management of the Platform. When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.

  • Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform.

    • Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.

  • Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.

    • Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone.

  • Cookie Policy. A cookie is a small text file that we place on your mobile device to enable various features of Tudoholic. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. Whenever Tudoholic uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and Tudoholic in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on Tudoholic's behalf.

  • Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.

    • We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.



    6. Disclaimer of Warranties and Liability:

    All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Tudoholic does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

    All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

    7. Selling:
    As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Tudoholic reserves the right to delete such multiple listings of the same product listed by you in various categories.

    We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by Tudoholic at the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).

    You agree, understand and acknowledge that Tudoholic is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Tudoholic is only a facilitator and is not and cannot be a party to or control in any manner any Pricing changes that occur on Tudoholic.


    9. Trademark, Copyright and Restriction:
    Platform is controlled and operated by Tudoholic and products are sold by respective Sellers. All material on Platform, including images, illustrations are protected by copyrights, trademarks, and other intellectual property rights. Material on Tudoholic is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Tudoholic or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

    10. Limitation of Liability:
    In no event shall Tudoholic be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
    • the use or the inability to use the Services or Products

    • unauthorized access to or alteration of the user's transmissions or data

    • breach of condition, representations or warranties by the manufacturer of the Products

    any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Tudoholic shall not be held responsible for non-availability of the Tudoholic during periodic maintenance operations or any unplanned suspension of access to the Tudoholic. The User understands and agrees that any material and/or data downloaded at Tudoholic is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Tudoholic's liability shall be limited to an amount equal to the Products purchased value bought by You. Tudoholic shall not be liable for any dispute or disagreement between Users

    11. Termination:

    Tudoholic may suspend or terminate your use of the Tudoholic or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Tudoholic chooses to terminate them.

    • If You or Tudoholic terminates your use of the Platform or any Service, Tudoholic may delete any content or other materials relating to your use of the Service and Tudoholic will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Tudoholic for purposes of tax or regulatory compliance.

    • Tudoholic may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Tudoholic credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Tudoholic.

    • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Tudoholic by sharing multiple address and phone numbers or transacting with malafide intentions then Tudoholic reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

    12. Jurisdictional Issues/Sale in Nepal Only:
    Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in Nepal. Tudoholic make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than Nepal. Those who choose to access Platform from other locations/Countries other than Nepal do so on their own initiative and Tudoholic is not responsible for supply of products/refund for the products ordered from other locations/Countries other than Nepal, compliance with local laws, if and to the extent local laws are applicable.


    13. Contacting the Seller:
    At Tudoholic, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Tudoholic about the seller, You may proceed to do so by mailing Tudoholic on its official email address. Alternatively, You may also reach out to customer support at +977-9802979797 or access help center at https://tudoholic.com/pages/contact-us


    14. Disclaimer:
    You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Tudoholic. We shall neither be liable nor responsible for any actions or inaction of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchant ability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Tudoholic nor shall Tudoholic have any obligations or liabilities in respect of any transactions on Platform.





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