TERMS AND CONDITIONS

The following TERMS AND CONDITIONS OF USE AGREEMENT governs your use of our Website www.volgabar.com.

Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the VolgaBar Application/ website. By accessing, registering on or using the VolgaBar Application or by using the Services provided by Us. You agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications.

We offer online sales of alcoholic products that include beer, wine and spirits.


1. Use

By accessing the VolgaBar Application, You represent that You are of legal drinking age where you stay. You represent and warrant that you have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Registration and Account Responsibilities

You shall be solely responsible for maintaining the confidentiality of Your User ID / Mobile Number and Password / OTP ("VolgaBar Account") and shall be responsible for all activities that occur under Your User ID / Mobile Number. You agree that if You provide any information that is inaccurate, false or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We have the right to suspend or terminate you access of Your membership on the VolgaBar Application and refuse to provide You with access to the VolgaBar Application.


You are responsible for providing a valid email id at the time of sign-up and You acknowledge to receive emails relating to Your VolgaBar account and the product communications to Your registered email id.

You agree to:

a) Immediately notify VolgaBar of any unauthorized use of Your mobile number or the VolgaBar Account or any other breach of security, and

b) Ensure that You exit from Your VolgaBar Account at the end of each session.

VolgaBar shall not be liable for any loss, damage or other liability arising from your failure to comply with this clause or from any unauthorized access to or use of the VolgaBar Account.

3. Access to VolgaBar’s Services

Our Services enable you to search and pay for various Products with the Vendor. All transactions are solely made between you and the Vendor. You acknowledge and agree we do not sell, offer to sell, invite to sell the products other than delivering the products. In all instances, all sales are advertised, accepted, made and delivered by the Vendors who receive all orders and offers.



4. Processing and Delivery of Products

All Users are required to create a VolgaBar account (as defined hereinafter) and all payments in respect of the Products are to be made exclusively through the VolgaBar Account, the monetary value of which will be received by the respective Vendors from whom you purchase the Products. At the time you perform a transaction, your VolgaBar Account will be directed through a third party payment gateway, which will be subject to the terms and conditions agreed with the payment gateway, transfer the funds to the Vendor. The sale of the relevant Products shall be deemed to be completed at the licensed premises as per Applicable Laws.

You confirm that the financial information provided by you herein, such as the payment details namely, the credit/debit card details or pre-paid instrument account details or net banking details for purchasing Products through the VolgaBar account are correct and accurate.

VolgaBar may from time to time contract with third party payment service providers including banks to open nodal account under the applicable Nepal laws, to facilitate the payment between you and the Vendor, as well as the fees payable to VolgaBar. The procedure for the payments to the Vendors will be governed by the applicable regulations and guidelines released by the Central Bank of Nepal.

VolgaBar does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Vendors. You are advised to independently verify the bona fides of any particular Vendor that you choose to deal with on the Platform and use your best judgment on that behalf. All Vendor offers and third-party offers are subject to the respective party terms and conditions. VolgaBar takes no responsibility for such offers.

VolgaBar is operating as an intermediary and does not at any point of time during any transaction between Consumer and Vendor on the Platform come into or take possession of any of the products offered by the Vendor. At no time shall VolgaBar hold any right, title or interest over the products nor shall VolgaBar have any obligations or liabilities in respect of such contract entered into between Consumer and Vendor.

Before handing over the Products to You, the Vendor / Delivery Personnel may validate your identity by requesting a proof of identity. The onus of age-verification lies with You to show the valid proof of identity to confirm the legal drinking age of Your state.

Neither VolgaBar, nor any officer, director, employee, shareholder or agent of VolgaBar shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.

By completing a transaction on the VolgaBar Application, you agree that you are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve and thereafter consume such Products.
In case of Delivery, if the individual cannot provide valid identification showing the proof of his or her age or other excise or Application prerequisites, the Delivery Personnel or the Vendor may deny service of the Products.


5. Acceptable Use and Restrictions.

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and You agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:

1.       You will not use the Services if You are not fully able and legally competent to agree to these Terms;

2.       You will not engage in any behaviour which is in violation of any law in force;

3.       You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;

4.       You will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;

5.        You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person;

6.       You will not make or seek to make payment to the Vendors other than through the VolgaBar Application;

7.       If You choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

8.       You will provide proof of identity and age reasonably requested by the Delivery Agent, Vendor or its employee;

9.       You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;

10.   Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to VolgaBar, a third party or You;

11.   You shall not hold VolgaBar liable for any Services provided by them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.

6. Pricing

The prices of the Products published on the VolgaBar Application are prices based on pricing information provided to Us by the Vendor and may not always reflect the prevailing pricing. The Vendor reserves the right to determine final prices of all their Products.

7. Liabilities and Damages

In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the VolgaBar Application.


10. Ownership: Proprietary Rights

All rights, including copyright, in the VolgaBar Application are owned or controlled for these purposes by Us. Except where expressly stated otherwise, You are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the VolgaBar Application for any purpose whatsoever without Our prior written permission. Violators will be prosecuted to the maximum extent possible under Applicable Laws. Any other rights, not expressly granted herein, are reserved.

The VolgaBar Application includes a combination of content that We create, that our partners or licensors or associates create, and that the Sellers/Vendors may create. All materials published on the VolgaBar Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the VolgaBar Application or on its websites in whole or in part.

If We find any contents or materials published on the VolgaBar Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the VolgaBar Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the VolgaBar Application under license or rights or affiliation with the said person, entity or third party.

11. Termination of Agreement

Termination by Us: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your VolgaBar Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.

Termination by You: You may terminate this Agreement at any point in time.

12. Consequence of Termination

Upon termination of this Agreement for any reason, We will block Your access to the Application and delete Your VolgaBar Account.

13. Advertisements

We do not in any way warrant or represent the quality or nature of the Products which may be advertised on the VolgaBar Application. Your correspondence or dealings with, or participation in promotions of advertisers displayed on the VolgaBar Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser / third party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the VolgaBar Application or VolgaBar's website, and any such interaction with a third party advertiser shall be undertaken by You at your sole risk and liability.

14. Modification of this Agreement

We reserve the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting a notification on the VolgaBar Application or otherwise communicating the said notification to You. The changes will become effective and shall be deemed accepted by You, 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Application, it will be deemed as your acceptance to the terms.

15. Waiver

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorized signatory.

16. Your Data.

When you use the Services, you understand and agree We may collect, use and disclose information about you as described in our Privacy Policy

17. Notice

We may provide You with notices and communications by email, regular mail or postings on the VolgaBar Application or VolgaBar's website or by any other reasonable means


19. Laws and Disputes Redressal

Subject to the Nepali Law, You agree that courts in Kathmandu, Nepal, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of Nepal.

20. Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

21. Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

22. Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

23. Contact Information

You can send in your queries, requests or complaints in the following ways:

A) Online chat: Open the VolgaBar Application ->Go to the My Account Section->Click on Get Help and post a query, We will respond once we review your query.

B) Email: Write to us at support@VolgaBar.com and submit your queries.

You have the right to register a complaint if you are not satisfied with any of the following:

· Services provided by VolgaBar.

· Payment system errors.

· Redemption issues.

· Unhappy with the quality of customer service provided.

· Or any other grievances.

25. Know Your Customer

KYC refers to the various norms, rules, laws and statutes issued by various government authorities including the Central Bank of Nepal from time to time. As required by government authorities, including excise authorities, VolgaBar, the Vendor, may be required to procure personal identification details from you before any Services can be delivered and at the time of registration and/ or on a later date, for availing and / or continuation of the VolgaBar Account. You agree that:


i. VolgaBar shall not be responsible for wrong details being entered by the User.

ii. In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, VolgaBar retains the right to block Your VolgaBar account. VolgaBar retains the right to share the details of the transaction undertaken using the VolgaBar Account and the end beneficiary/ KYC details with RBI, as per statutory guidelines issued from time to time. If the KYC details provided by you are invalid, you are liable for the consequences or action taken by the relevant regulatory authorities of your jurisdiction.

iv. We reserve the right to discontinue Services for VolgaBar Account at any time if there are discrepancies in information provided by you; and

v. Any information provided to Us with the intention of securing VolgaBar Account shall vest with Us and may be used for any purpose consistent with the Applicable Laws, at its discretion.

Subject to guidelines/notifications issued by various government authorities including the Central Bank of Nepal from time to time, the KYC norms may be reviewed and modified at the discretion of VolgaBar without prior intimation to You.

26. Communication

You agree to receive certain specific emails / messages from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our members.


27. Delivery Booking and Financial Terms

In case of Delivery, there is no warranty that the product delivery or handover will depend on the Product’s availability at that particular time at that particular store/Vendor. It completely depends on the Vendor’s discretion to Accept / Reject any order.

The Vendor shall be solely responsible for any warranty/guarantee of the liquor products Delivered/Handed Over to the Users and in no event shall be the responsibility of VolgaBar.

The transaction is bilateral between the Vendor and User and therefore, VolgaBar is not liable to charge or deposit any taxes applicable on such transactions.

You acknowledge and agree that we act as the Intermediary for the limited purpose of facilitating the purchase of Products between You and the Vendor. The payments shall be made by You to the Vendor to the nodal bank account set up for this purpose. You shall not, under any circumstances whatsoever, make any payment directly to the Vendor for Order bookings made using the Platform.

The final bill will be issued by the Vendor to the User along with the order. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Vendor. VolgaBar holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Vendor.

28. Cancellations, Partial Orders and Refunds

a) Cancellation

As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same from the Vendor. If you cancel your order after it has been confirmed, VolgaBar shall have a right to charge you a cancellation fee corresponding to the order value (inclusive of applicable taxes), with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Vendor and delivery agents. VolgaBar shall also have the right to charge you cancellation fee for the orders cancelled by VolgaBar for the reasons specified under clause c(iii) of this cancellation and refunds policy.

b) Partial Order

However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to modify or cancel the entire order and shall be entitled to a refund in accordance with our refund policy.

We reserve the sole right to modify/cancel your order in the following circumstance:

i. in the event of You having already opted for partial order acceptance during the placement of order;

ii. in the event of the designated address falls outside the delivery zone offered by us;

iii. failure to contact you by phone or email at the time of confirming the order booking;

iv. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

v. unavailability of all the items ordered by you at the time of booking the order.

c) Refunds

In certain cases, refunds may apply. This will be determined on a case-by-case basis evaluating credibility of relevant circumstances on the full discretion of VolgaBar.

i. You shall be entitled to a refund only in the event of any of the following circumstances:

ii. Your Product(s) has been tampered or damaged at the time of delivery;

iii. Us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or

iv. Our decision on refunds shall be at our sole discretion and shall be final and binding.

v. All refund amounts shall be credited to your respective Bank account within 5-7 business days in accordance with the terms stipulated by Your Bank.

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