Terms of Use
OPASA.APP WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("WebsiteTerms") on which we, J&T Associates Pvt. Ltd. trading as Opasa.app("we", "us" or "Opasa"), provide our services through our website www.Opasa.com and Opasa Dai mobile application through which you access our website or services (together, "Website"). Please read these Website Terms carefully before ordering any products/services through the Website, as your use of the Website and purchase of any products offered on the Website is subject to these Website Terms. By ordering products/services via the Website (whether now or in the future) or continuing to use the Website, you agree to be bound by these Website Terms. We reserve the right to change these Website Terms from time to time by changing them on this page. Use of your personal information submitted via the Website is governed by our Privacy Policy
I. TERMS AND CONDITIONS OF USE AND SALE
1.2. Service: We provide a way for you to communicate your orders for products/services from our partners this could be (outlet/vendors, shops, liquor shops, food hawkers, individual food vendors, courier person or anyone who has registered to use our services via the website.
When you use the Website or register an account, you will provide us with personal information such as your name, email address, telephone number and address. You must ensure that this information is accurate and current. If you choose to register an account or when you place your first order, we will provide you with a username and you will select a password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.
Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website.
2. CAPACITY AND AGE: BY PLACING AN ORDER THROUGH THE WEBSITE, YOU WARRANT THAT:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old
2.3 Alcohol and cigarettes: Furthermore, you acknowledge and agree that
2.4 it is an offence for any person under the age of 18 to buy, or attempt to buy liquor/cigarettes or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18
3. STEPS TO PLACE AN ORDER AND THE PROCESS OF IT
3.1. Selecting your order: Once you have decided on the product/service from the menu, you can add them to the cart. You can review and add more products to the cart. Please note product from different outlets may be delivered at your location by a different delivery person and at different times. And also may incur extra delivery charges. Once you have finalized your order, you can enter any promotional vouchers that you may have or you can also use Loyalty points that you may have against the order being placed.
3.2. Minimum Order Amount: Some outlets may have a minimum order amount in place, if your total purchase from that outlet does not meet the minimum amount then you will not be able to place your order. Please add more items to reach the minimum order amount.
3.3. Amending or cancelling your Order: Once you have submit your order and if you have selected online payment using our e-Wallets or Credit/Debit Card or cash on delivery and if you wish to change or cancel your order please read our section change and cancelling your orders. You can either contact our help desk or amend it from you account if the status of the order is still pending. Please note if the outlet has started to prepare your order then you can not amend or cancel your order.
3.4. Payment authorization: If you have decided to make payment via e-wallet or Credit/Debit card and your payment has not been authorized you will not be able to process your order.
3.5. Processing your Order and Restaurant rejections: On receipt of your Order, we will begin processing it by sending it to the relevant outlet/vendor and will notify you by email or status update in your account page. That your Order has been received and is being processed. Any confirmation page that you may see on the Website and any Order confirmation email, SMS and mobile push notification that you may receive each merely indicate that your Order has been received and is being processed by the outlet/vendor, and does not necessarily mean that your Order has been accepted by the outlet/vendor. Outlet/Vendor have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our outlet/vendors to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Outlet/vendor rejects your Order. When an Outlet/vendor accepts your order you will get notification on your mobile app or the status update under your account.
3.6. Delivery of your Order: Delivery time estimate are provided by the outlet/vendor and are only estimates, neither us or the outlet/vendor can guarantee that orders will be delivered as per the estimated time. All order preparation are the sole responsibility of the outlet/vendor accepting the order.
4. PRICE AND PAYMENT
4.1. Taxes and delivery costs: Prices for individual menu items will be as quoted on the Website in Nepalese Rupees. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Restaurant (if you pay for your Order online). These will be added to the total amount due where applicable.
4.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.
4.3. Payment methods: Payment for Orders must be made by a payment gateway, mobile wallet through the Website or in cash to the outlet (if you are opting in for collection) at the point of delivery to you.
4.4. Discount vouchers: We or the outlet/vendor from time to time may offer promotional vouchers which can be used to receive discount in your total order. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of discount vouchers.
4.5 Loyalty Points: We offer Opasa – Loyalty points when you Sign up, review an outlet/vendor or from orders placed via the website or mobile apps. You will get Loyalty points only when you place a successful order from our website/mobile apps.
4.6. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card or any other digital payment method and your payment has been authorized, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Outlet/vendor or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
5. CUSTOMER CARE
5.1. General: Customer care is extremely important to us, our Customer Care team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us, using our contact is page at https://Opasadai.com/food/contact,via online chat (Viber, Facebook messenger or online chat) or by telephoning us.
5.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Restaurant directly. Alternatively, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will attempt to contact the Restaurant in order to follow up on your query.
5.3. Changing or cancelling your Order: If you have made payment via wallet or credit card you will not be able to cancel or change the order but you can add items to it. If you have selected a Cash of delivery then you can cancel your order by going to order section in your account. You can also try to contact our Call Centre and we will try to change or cancel the order. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started to process your order.
5.4. Complaints or feedback: Should you wish to express your opinion on the quality of our service or the product/service that you have received from our vendors/outlets. Please consider providing feedback in the forms of ratings, comments and review section of the outlet/vendor from where you have placed the order. The reviews and rating are an important part of our quality control process.
5.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by an Outlet/vendor and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the outlet/vendors directly to lodge your complaint and, where appropriate, follow the outlet/vendor's own complaint procedures. If you are unable to contact the outlet/vendor, or they refuses to deal with your complaint, you can contact our Customer Care Team as described above within 48 hours of placing your order and one of our Customer Care Advisers will attempt to contact the outlet/vendor in order to request compensation on your behalf. Please note that we have no control over outlet/vendor and the quality of the individual products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any outlet/vendor.
6. You must not misuse the Website (including by hacking or “scraping").
6.1. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it(including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved.
6.2. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining license from us to do so.
6.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
7. SERVICE ACCESS
7.1. Website/mobile apps availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website/mobile apps is unavailable at any time or for any period.
7.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
7.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
8. USE OF REVIEWS:
The Reviews/rating system contained on the Website are for information purposes only and do not constitute advice from us. Reviews/Rating reflect the opinions of customers who have ordered through the Website/Mobile apps, and any statements, advice or opinions provided by such persons are theirs only.
9 LIABILITY:
You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a outlet/vendor or any other third party arising out of or in connection with any Reviews or Ratings that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this website.
10. DISCLOSURE TO AUTHORITIES AND COURTS:
You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews/Ratings other Visitor Material in breach of paragraph 8 or 9 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
11. LINKS TO AND FROM OTHER WEBSITES
11.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
12. DISCLAIMERS
12.1. Website information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.
12.2 Specials listed on the Website are subject to change. Outlets/vendor may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty program from a Restaurant and via our website are non-transferrable and are not redeemable for cash.
12.3. Allergy, dietary and other menu information: The Vendors/outlets are the ones who are providing nutritional information, ingrediencies used, cooking methods etc., prices, special offer information, heat and allergenic warnings and other information from the menus that are listed in the website. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Outlet/vendor directly before ordering. Some of the pictures shown are indicative of the style of cuisine only and may not be an actual photo of the dish from the outlet/vendor.
12.4. Outlet/vendors actions and omissions: The legal contract for the supply and purchase of products is between you and the vendor/outlet that you place your order with. We have no control over the actions or omissions of any vendor/outlets. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
12.5. We do not give any undertaking that the products ordered from any outlet/vendors through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
12.6. Estimated times for deliveries and collections are provided by the outlet/vendors and are only estimates. Neither we nor the outlet/vendors guarantee that orders will be delivered or will be available for collection within the estimated times.
12.7. Outlet/vendors have the discretion to reject orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our outlet/vendors to accept all orders and to communicate any rejection promptly, and we will notify you (generally by email/push notifications on your mobile apps) as soon as reasonably practicable if a outlet/vendor rejects your order.
13. LIABILITY
13.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable Nepal law. Nothing in these Website Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply of services under these Term.
13.2. Exclusion of liability: Subject to clause 13.1, and your statutory rights under the Nepalese Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
13.2.1. any loss of profits, sales, business, or revenue;
13.2.2. loss or corruption of data, information or software;
13.2.3. loss of business opportunity;
13.2.4. loss of anticipated savings;
13.2.5. loss of goodwill; or
13.2.6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
13.3 Indemnity: You agree to indemnify and hold us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
14. TERMINATION
14.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
14.1.1. you have used the Website in breach of any terms and conditions mentioned in our website
14.1.2. you have posted reviews or other visitor material in breach of our terms and conditions
14.1.3. you have breached any other material terms of these Website Terms.
15. EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control("Force Majeure Event").
15.2. A Force Majeure Event includes any act, event, on-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lockouts or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of public or private telecommunications networks; and
15.2.5. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
16 OPASA VOUCHER TERMS & CONDITIONS
1. The following general terms and conditions (the “General Voucher Terms") will apply to all vouchers issued by us or by the outlet/vendor from time to time for use on the Website("Vouchers").
2. Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.
3. Vouchers can only be redeemed towards online orders made through the Website. The code provided with the Voucher is to be entered at the end of checkout process. The final amount owing after a Voucher has been applied will be shown before the payment selection page and any remaining balance must be paid either by credit/debit car, e-wallet or cash on delivery.
4. Vouchers & Promotional provided by us or our partners cannot be exchanged or refunded and are valid for such period specified at the time of issue of the Voucher. We reserve the right to cancel any voucher anytime without notice.
5. Vouchers are not available for redemption at Outlet/vendors and dine in. One gift voucher cannot be used for more than one order and the full amount must be used in one transaction (no change will be given). Alcohol restrictions apply.
6. The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
7. Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time, unless mentioned.
8 each Voucher will be valid for use by a recipient only once;
9 each customer or household is limited to one voucher prepromotion or offer; and
10 the right to use a Voucher is personal to the original recipient and may not be transferred.
11. When you use a Voucher you warrant to us that you are the duly authorized recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the voucher.
12. Vouchers may not be exchanged for cash.
13. All standard terms and conditions from time to time for use of the Website and the Service apply.
17 OPASA LOYALTY POINTS
17.1 We may issue Loyalty points from time to time for using our websites
17.2 During your first Sign up process you will be awarded with 2500 points automatically
17.3 We will issue 1 point against Rupees 1 spent in our website or via the mobile apps
17.4 Redemption of the points is valued at 20 paisa for each point
17.5 Points does not have any monetary value and cannot be redeemed for cash
17.6 Points accumulated by you cannot be transferred to someone else
17.7 Points can only be used while placing an order in our website
17.8 Points cannot be used during dine in at outlets
17.9 Points accumulated and details can you checked after you login to your account at account – points section at our website and mobile apps
17.10 We may from time to time change the points system or stop it altogether
17.11 During checkout process before the payment page, you can redeem the points available by entering the points you would like to redeem and by clicking on redeem
17.12 The points redeem will discount your total order
