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Terms and Conditions (PrimeSewa Nepal)
CashNep | Cash Nepal Earning Platform Private Limited
Effective from 09th August, 2022
This Application/ Services is/are operated /provided by Cash Nepal Earning Platform Private Limited (“PrimeSew”).
These terms and conditions (“User Terms”) apply to your visit to and use, of the site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record and it does not require any physical or digital signatures.
By clicking “I ACCEPT” button or by using PrimeSewa’s services, you are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND THESE ENTIRE USER TERMS BEFORE YOU USE THE SITE/APPLICATION. If You do not accept any of the User Terms, then please do not use the Site or any of the services being offered by CashNep. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND PRIMESEWA IN RESPECT OF THE USE AND SERVICES OF THE SITE/APPLICATION.
Your acceptance of the User Terms you allow PrimeSewa to send you promotional emails and SMS alerts from time to time.
1. DEFINITIONS
All of the defined User Terms will have the meaning assigned to them here below:
(a) “Account” shall mean account created by the Customer on the Application for availing the Services provided by PrimeSewa.
(b) “Applicable Laws” shall mean and include all applicable statutes, legislature, laws, ordinances, rules, by-laws, regulations, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Nepal.
(c)“Application” shall mean the mobile application “PrimeSewa” updated by Cash Nepal Earning Platform Pvt Ltd from time to time.
(d) “Convenience Fee” “Access Fee” shall mean the fee payable by the Customer to PrimeSewa for the Service i.e., for availing the technology services offered by PrimeSewa, door to door service, internet service, customer support and cashless payment options. Convenience Fee shall be chargeable on every booking made through the Site.
(e) “Cancellation Fee” shall mean the Fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms. The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
(f) “City of Operation” shall mean a city in which the Customers and Drivers avail and render the transportation services respectively. In detail, the services provided by the Drivers and available by the Customers shall be in the same city.
(g) “Customer/ You” means a person who has an Account on the Application.
(h) “Driver” shall mean and include such individuals as may be evaluated, appointed and trained by an operator associated with us to provide the transportation services on its behalf and persons who are registered with PrimeSewa and own such Vehicles with necessary transport vehicle permits and driving licenses to provide transportation services within the City of Operation.
(i) “E-Wallet/PrimeSewa Wallet” shall mean a pre-paid instrument, which can be used to make payments.
(j) “Fare” shall mean such amount in Nepalese Currency, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver. The Fare shall be exclusive of all applicable taxes on the Fare, if any.
(k) “Un-foreseeable Event” shall mean any event arising due to any cause beyond the reasonable control of PrimeSewa.
(l) “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by PrimeSewa from the Customer from time to time for registration on the Application.
(m) “Ride” shall mean the travel in the Vehicle by the Customer facilitated through the Site.
(n) “Service(s)” means the facilitation of the services by PrimeSewa through the Application.
(o) “Site” shall mean the Application and the website https://www.primesewa.com/ operated by PrimeSewa or any other software that enables the use of the Application.
(p) “Substitute Vehicle” shall mean another vehicle arranged for transporting the Customers to his/her destination, in the event of a Vehicle breakdown or malfunction.
(q) “Total Ride Fee” shall mean and include the Fare, the Convenience Fee or Access Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
(r) “T&Cs” and “User Terms” shall mean these Customer terms and conditions.
2. ELIGIBILITY
You will be “Eligible” to use the Services only when you fulfill all of the following conditions:
- You have attained at least 18 (eighteen) years of age.
- You hold a driving license provided by the Nepal Government.
- You are competent to enter into a contract under the Applicable Laws.
If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.
3. REGISTRATION AND ACCOUNT
3.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
3.2 You shall ensure that the Registration Data provided by You is accurate, complete, current, valid, true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3.3 You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or anyother data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.5 Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), PrimeSewa does not want You to, and You should not, send any confidential or proprietary information to PrimeSewa on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to PrimeSewa other than the Permitted Information will not be considered confidential or proprietary.
3.6 It is your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
3.7 We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at support@primesewa.com.
3.8 In case, You are unable to access Your Account, please inform Us at support@primesewa.com and make a written request for blocking Your Account. We will not be liable for any unauthorised transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Any Foreseeable Event.
4. SERVICES
The Site permits you to avail the multiple services offered by PrimeSewa and/or by a third party.
4.1The Services allows You to send a request through PrimeSewa to a Driver on the PrimeSewa network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, PrimeSewa notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as PrimeSewa may determine.
4.2. PrimeSewa shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
4.3. By using the Application or the Service, You further agree that:
- You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorisation;
- You will not use the Service or Site for unlawful purposes;
- You will not try to harm the Service, Site or our network in any way whatsoever;
- You will provide PrimeSewa with such information and documents which PrimeSewa may reasonably request;
- You will only use an authorised network to avail the Service;
- You are aware that when requesting Services, whether by message, via Site or calling the call center of PrimeSewa, standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
- You will comply with all Applicable Law while using the Site or Service provided by PrimeSewa.
4.4. PrimeSewa reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, PrimeSewa will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform PrimeSewa on any change in the information provided by You.
4.5. PrimeSewa or an authorised representative of PrimeSewa, shall provide information regarding services, discounts and promotions provided by PrimeSewa to You on the PrimeSewa App or by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time.
4.6. PRIMESEWA WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE NEPAL OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM PRIMESEWA’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant PrimeSewa a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT PRIMESEWA (Cash Nepal Earning Platform Pvt Ltd commonly called ‘CashNep') TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit PrimeSewa to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by PrimeSewa. You hereby expressly consent to receive communications from PrimeSewa/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold PrimeSewa responsible for any such communications received from third parties.
4.9. PrimeSewa will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by PrimeSewa jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will become applicable in respect of such tie-up arrangement also.
4.10. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, PrimeSewa on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.11. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
4.12. PrimeSewa bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
5. CONFIRMATION OF BOOKING
5.1. PrimeSewa shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You via an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.
5.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform PrimeSewa of the incorrect details immediately.
6. PAYMENT
6.1. PrimeSewa shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of PrimeSewa. The Convenience Fee or Access Fee shall be payable by you to PrimeSewa and shall be informed to you before you begin your ride.
6.2. You shall be required to pay Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee. 6.6. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
6.3. The Total Ride Fee will be collected by the Driver or PrimeSewa from You at the end of the Ride, as set out in Clause 6.9 below.
6.4. PrimeSewa shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride. You may raise a request for a copy of the invoices from our Support page.
6.5. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the PrimeSewa.
6.6. You shall choose to pay for the Service Fee by either of the following four methods:
4.5. PrimeSewa or an authorised representative of PrimeSewa, shall provide information regarding services, discounts and promotions provided by PrimeSewa to You on the PrimeSewa App or by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time.
4.6. PRIMESEWA WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE NEPAL OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM PRIMESEWA’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
4.7. You agree to grant PrimeSewa a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT PRIMESEWA (Cash Nepal Earning Platform Pvt Ltd commonly called ‘CashNep') TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.8. You agree and permit PrimeSewa to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by PrimeSewa. You hereby expressly consent to receive communications from PrimeSewa/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold PrimeSewa responsible for any such communications received from third parties.
4.9. PrimeSewa will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by PrimeSewa jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will become applicable in respect of such tie-up arrangement also.
4.10. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, PrimeSewa on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability.
4.11. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by You from the Site.
4.12. PrimeSewa bears no responsibility and liability for delays and losses suffered by You or caused to You as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.
5. CONFIRMATION OF BOOKING
5.1. PrimeSewa shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You via an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.
5.2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform PrimeSewa of the incorrect details immediately.
6. PAYMENT
6.1. PrimeSewa shall charge Convenience Fee or Access Fee for the Service which shall be determined and amended at the sole and absolute discretion of PrimeSewa. The Convenience Fee or Access Fee shall be payable by you to PrimeSewa and shall be informed to you before you begin your ride.
6.2. You shall be required to pay Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee. 6.6. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash i.e. Additional Fee, which are not included in the receipt of the Total Ride Fee.
6.3. The Total Ride Fee will be collected by the Driver or PrimeSewa from You at the end of the Ride, as set out in Clause 6.9 below.
6.4. PrimeSewa shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride. You may raise a request for a copy of the invoices from our Support page.
6.5. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the PrimeSewa.
6.6. You shall choose to pay for the Service Fee by either of the following four methods:
- Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver.
- ‘E-Wallet/PrimeSewa Wallet’ payment: PrimeSewa offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor (“Payment Processor”). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that PrimeSewa engages for the purpose. PrimeSewa will not be responsible for any errors by the Payment Processor in any manner. (iii) Bank deposit/ Net Banking Payment: Total Ride Fee shall be deposited into the designated account provided by PrimeSewa.
6.7. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. PrimeSewa shall not be responsible for any unauthorised use of Your E-Wallet/PrimeSewa Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY
7.1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
- If you cancel, 5 minutes after the cab is allotted or
- If a driver cancels after waiting at Your location for more than 7 minutes
- Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
7.3. PrimeSewa shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations.
7.4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
8. USER VIOLATION OF USER TERMS
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law.
9. CUSTOMER RELATIONSHIP MANAGEMENT
9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned by you at the time of registration.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
9.3. PrimeSewa shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, PrimeSewa shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10. UNFORESEEABLE CIRCUMSTANCES
10.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Unforeseeable Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Unforeseeable Event continues.
11. INDEMNIFICATION
11.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold PrimeSewa, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
7. CANCELLATION POLICY
7.1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
- If you cancel, 5 minutes after the cab is allotted or
- If a driver cancels after waiting at Your location for more than 7 minutes
- Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
7.2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
7.3. PrimeSewa shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations.
7.4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
8. USER VIOLATION OF USER TERMS
8.1. You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law.
9. CUSTOMER RELATIONSHIP MANAGEMENT
9.1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned by you at the time of registration.
9.2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
9.3. PrimeSewa shall endeavour to respond to Your issues within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, PrimeSewa shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10. UNFORESEEABLE CIRCUMSTANCES
10.1 We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Unforeseeable Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Unforeseeable Event continues.
11. INDEMNIFICATION
11.1 By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold PrimeSewa, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein;
- Your violation of any rights of any third party \or
- Your use or misuse of the Application or Service.
12. LIABILITY
12.1. The information, recommendations and/or Services provided to You on or through the Site, the Application and PrimeSewa call center are for general information purposes only and does not constitute advice. PrimeSewa will reasonably keep the Site and its contents correct and
up to date but does not guarantee that the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
12.2. PrimeSewa shall not be liable for You missing buses/flights/events or delays etc. as the Service is dependent on many factors not in PrimeSewa’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
12.3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, PrimeSewa shall only endeavour to get You in touch with the Driver assigned for Your Ride.
12.4. PrimeSewa shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
12.5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, PrimeSewa will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.
12.6. PrimeSewa does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
12.7. PrimeSewa shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with PrimeSewa. PrimeSewa will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
12.8. IN NO EVENT SHALL PRIMESEWA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIMESEWA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
12.9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIMESEWA’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
13. APPLICATION LICENSE
13.1. Subject to Your compliance with these User Terms, PrimeSewa grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
13.2. You shall not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (b) modify or make derivative works based upon the Service or Application; (c) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (d) reverse engineer or access the Site in order to (i) design or build a competitive product or service, (ii) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (iii) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
13.3. PrimeSewa will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. PrimeSewa may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that PrimeSewa has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body.
14. CONTENT POSTED BY CUSTOMERS
14.1. PrimeSewa may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. PrimeSewa shall not in any manner be responsible for or endorse the Posted Content.
14.2. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(xii) Threaten the unity, integrity, defence, security or sovereignty of Nepal, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
15. INTELLECTUAL PROPERTY OWNERSHIP
15.1. PrimeSewa alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service.
15.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by PrimeSewa. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
16. TERM AND TERMINATION OF LICENSE AGREEMENT
16.1. Unless terminated explicitly, the agreement between PrimeSewa and You is perpetual in nature upon downloading the Application and for each Service booked through the Site.
16.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
16.3. PrimeSewa is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of
these User Terms, or (b) in the opinion of PrimeSewa, misuse the Application or the Service. PrimeSewa is not obliged to give notice of the termination of the agreement in advance. After termination PrimeSewa will give notice thereof in accordance with these User Terms.
16.4. Termination of this agreement will not prejudice accrued rights of either PrimeSewa or You.
17. CONFLICT
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and PrimeSewa, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
18. DISCLAIMER
18.1. You agree that PrimeSewa is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. PrimeSewa does not endorse, advertise, advise or recommend You to avail the Services of any Driver. PrimeSewa also does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
18.2. We do not authorise anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
18.3. PrimeSewa and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your relianceupon the Service or the information contained upon the Site.
18.4. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that PrimeSewa shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
18.5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
19. MODIFICATION OF THE SERVICE AND USER TERMS
19.1. PrimeSewa reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
20. NOTICE
20.1. PrimeSewa may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in PrimeSewa’s account information.
20.2. You may contact PrimeSewa at: (wrote the contact details of PrimeSewa here)
21. ASSIGNMENT
21.1. You shall not assign Your rights under these User Terms without prior written approval of PrimeSewa. PrimeSewa can assign its rights under the User Terms to any affiliate.
22. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the effective laws of Nepal. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of PrimeSewa as PrimeSewa may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith. Otherwise mutually agreed by PrimeSewa and You in writing.