The following TERMS AND CONDITIONS OF USE AGREEMENT governs your
use of our Website www.volgabar.com.
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.
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
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
will not use the Services if You are not fully able and legally competent to
agree to these Terms;
will not engage in any behaviour which is in violation of any law in force;
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
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
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
will not make or seek to make payment to the Vendors other than through the
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
will provide proof of identity and age reasonably requested by the Delivery
Agent, Vendor or its employee;
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;
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;
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.
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
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
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
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
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.
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.
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
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
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.
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.
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
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
B) Email: Write to us at support@VolgaBar.com and submit your
You have the right to register a complaint if you are not satisfied with any of
· 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
i. VolgaBar shall not be responsible for wrong details being entered by the
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.
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
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
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
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
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
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
i. You shall be entitled to a refund only in the event of any of the following
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
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.