Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "your") and Vinoraam ("we," "us," or "our") governing your access to and use of the Vinoraam platform, including our website, APIs, AI-powered tools, and all related services (collectively, the "Platform"). Please read these Terms carefully before using the Platform.

1. Acceptance of Terms

By creating an account, accessing, or using the Vinoraam Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform. If you are using the Platform on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

These Terms apply to all users of the Platform, including merchants who create and manage stores, customers who browse and purchase products, and visitors who access any part of the Platform.

2. Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to the following:

• Age Requirement -- You must be at least 16 years old to create an account. If you are under 18, you must have the consent of a parent or legal guardian.
• Accurate Information -- You must provide truthful, accurate, and complete information during registration and keep your account details up to date. Providing false or misleading information is grounds for account termination.
• Account Security -- You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at [email protected] if you suspect unauthorized access to your account. You are liable for all activities that occur under your account.
• One Account Per Person -- Each individual may maintain only one merchant account unless otherwise authorized by Vinoraam. Multiple customer accounts for the purpose of abuse or circumventing restrictions are prohibited.

3. Merchant Responsibilities

Merchants who create stores on Vinoraam agree to the following obligations:

Legal Products and Services

All products and services listed on your store must be legal to sell in Nepal and in any jurisdiction where you offer them. You are solely responsible for ensuring that your offerings comply with all applicable local, national, and international laws and regulations.

Accurate Descriptions

Product listings must contain truthful and accurate descriptions, pricing, and images. Misleading, deceptive, or fraudulent listings are strictly prohibited. If you use AI-generated descriptions provided by the Platform, you are responsible for reviewing and verifying their accuracy before publishing.

Order Fulfillment

You must fulfill orders in a timely manner consistent with the delivery timelines communicated to your customers. If you are unable to fulfill an order, you must promptly notify the customer and process a refund. Repeated failure to fulfill orders may result in account suspension or termination.

Tax Compliance

You are solely responsible for determining, collecting, and remitting all applicable taxes, including but not limited to VAT, income tax, and any other levies required by Nepali law or the laws of any other jurisdiction in which you operate. Vinoraam does not provide tax advice and is not responsible for your tax obligations.

4. Payment Processing and Fees

Commission Structure

Vinoraam charges a commission on transactions processed through the Platform. Commission rates vary by subscription plan and are clearly disclosed on our pricing page. The current tiers are FREE, BASIC, and PROFESSIONAL, each with different commission percentages. We reserve the right to modify commission rates with 30 days advance notice.

Payment Gateway Terms

All financial transactions on the Platform are processed through third-party payment gateways, including Khalti, eSewa, and FonePay. Your use of these payment services is subject to their respective terms of service and privacy policies. Vinoraam is not a payment processor and does not hold or manage customer funds directly.

Refund Policies

Merchants are responsible for establishing and clearly communicating their own refund and return policies to customers. Refund processing must comply with applicable consumer protection laws. Vinoraam may facilitate refund processing through the Platform but is not liable for disputes between merchants and customers regarding refunds.

Payouts

Merchant earnings, after deducting applicable commissions and payment gateway fees, will be disbursed according to the payout schedule associated with your subscription plan. Vinoraam reserves the right to withhold payouts if we reasonably suspect fraudulent activity, chargebacks, or violations of these Terms.

5. Intellectual Property

Platform Ownership

The Vinoraam Platform, including its source code, design, branding, logos, documentation, and all underlying technology, is the exclusive property of Vinoraam and is protected by intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works from any part of the Platform without our prior written consent.

Merchant Content

You retain ownership of all content you upload to the Platform, including product images, descriptions you write, store branding assets, and other original materials. By uploading content, you grant Vinoraam a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your content solely for the purpose of operating and marketing the Platform.

AI-Generated Content

Content generated by our AI tools (including store themes, product descriptions, hero images, and merchandising suggestions) is provided to you under a non-exclusive license for use on the Vinoraam Platform and in your own marketing materials. You may not resell AI-generated content as a standalone product. Vinoraam does not claim ownership of AI-generated content created for your store, but we retain the right to use similar techniques and outputs for other users.

6. Prohibited Uses

You agree not to use the Platform for any of the following purposes:

• Illegal Goods and Services -- Listing, selling, or facilitating the sale of illegal products, controlled substances, weapons, counterfeit goods, or any items prohibited by applicable law
• Fraud and Deception -- Engaging in fraudulent transactions, misrepresenting products or services, creating fake orders, manipulating reviews, or any other deceptive practices
• Spam and Unsolicited Communication -- Using the Platform to send bulk unsolicited messages, harvest email addresses or contact information, or engage in any form of spamming
• Malware and Security Threats -- Uploading viruses, malware, or malicious code; attempting to gain unauthorized access to other accounts, servers, or networks; or conducting denial-of-service attacks
• Intellectual Property Infringement -- Uploading content that infringes on the copyrights, trademarks, patents, or other intellectual property rights of any third party
• Platform Abuse -- Scraping, data mining, or automated access to the Platform beyond what is permitted; creating multiple accounts to circumvent restrictions; or interfering with the proper functioning of the Platform

Violation of any of these prohibitions may result in immediate account suspension or termination, and we reserve the right to report illegal activities to the appropriate authorities.

7. Limitation of Liability

The Vinoraam Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Vinoraam does not guarantee that the Platform will be uninterrupted, error-free, or secure at all times. We do not guarantee any specific level of sales, revenue, or business outcomes for merchants using the Platform. Your success as a merchant depends on many factors beyond our control, including product quality, pricing, market conditions, and customer service.

To the maximum extent permitted by applicable law, Vinoraam and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of or inability to use the Platform. Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you have paid to Vinoraam in the twelve months preceding the claim.

8. Termination

Termination by Vinoraam

We reserve the right to suspend or terminate your account at any time, with or without notice, if we determine that you have violated these Terms, engaged in fraudulent or illegal activity, or if your continued use of the Platform poses a risk to other users or the integrity of the Platform. In cases of serious violations, suspension may be immediate and without prior warning.

Termination by You

You may close your account at any time by contacting us at [email protected] or through your account settings. Upon closing your merchant account, your store will be taken offline and your products will no longer be visible to customers. You remain responsible for fulfilling any outstanding orders placed before account closure.

Data Retention After Termination

Upon account termination, we will retain your data for a reasonable period as necessary to comply with legal obligations, resolve disputes, enforce our agreements, and maintain transaction records as required by law. Personal data not subject to legal retention requirements will be deleted or anonymized within 90 days of account closure, unless you request earlier deletion.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to conflict of law principles. Any legal proceedings arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts located in Kathmandu, Nepal.

10. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or your use of the Platform, you agree to the following resolution process:

Negotiation

The parties shall first attempt to resolve the dispute through good-faith negotiation. You may initiate this process by sending a written description of the dispute to [email protected]. We will respond within 15 business days and work with you to reach a mutually acceptable resolution.

Arbitration

If the dispute cannot be resolved through negotiation within 60 days, either party may submit the matter to binding arbitration administered under the Arbitration Act of Nepal. The arbitration shall be conducted in Kathmandu, Nepal, in the English or Nepali language as agreed by the parties. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

11. Changes to Terms

We may revise these Terms at any time. When we make material changes, we will provide at least 30 days advance notice before the new Terms take effect. Notice will be provided by updating the "Last updated" date at the top of this page and, for significant changes, by sending an email notification to your registered email address or displaying a prominent notice on the Platform.

Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform and close your account before the changes take effect.

12. Contact

For any questions, concerns, or notices regarding these Terms of Service, please contact us at:

• Email: [email protected]
• Platform: vinoraam.com