Terms and Policies
Terms of Service : Rider
This Terms of Service (hereinafter referred to as “Agreement”) shall be for the riders (hereinafter “You”) associated with SuperApp (hereafter referred to as “Ride Sharing Business”) of Super App Pvt. Ltd. (hereafter referred to as “Company”). By using this Service (defined below), you agree that you have read, understood, accepted and agreed with the terms and conditions states herein which shall constitute a legal arrangement between You and the Company (collectively referred to as “Parties”). If you do not agree to or fall within the terms and conditions of the Service and wish to discontinue using the Service, You shall discontinue the use of the Service.
You shall use the mobile application (hereafter referred to as “Application”) along with any associated software (hereafter referred to as “Software”) provided to You by the Company the purpose of which shall be to facilitate the Service the Company provides. You hereby expressly acknowledge and agree to be bound by the terms and conditions, and any future amendments and additions to this Agreement as published from time to time.
2.1. The Company shall offer information, method and platform for transportation providers through including but not limited to bike, cars and similar vehicles, drivers and vehicle operators to schedule, obtain and establish contact with users, but shall not and shall not intend to provide transportation services or act in any way as a taxi and/or operator and shall have no responsibility or liability for any transportation services provided to by You.
2.2. You hereby accept and acknowledge that this Ride Sharing Business is operated based on a freelancing model and You are not an employee of the Company. You shall exclusively and solely be responsible for any and all claims, judgments and/or liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, loss of property and damages which is due to or is alleged to be a result of the passenger transport and/or delivery service howsoever operated.
- RIGHT TO REFUSAL AND BLACKLIST
Notwithstanding anything written herein, the Company may refuse your request to use the Application and/or Software and blacklist You permanently or temporarily upon evaluating your conduct including but not limited to:
- receiving complaints regularly about You from users or employees of the Company about your behavior or interaction with anyone whatsoever;
- driving with a competence lower than reasonably expected;
- involving in a bargain and/or negotiation with use regarding price, destination, choice of Rider etc other than provided in the application whilst using the Service; or
- involving in any act deemed illegal as per the prevailing laws of Nepal.
- TRANSPORTATION PROVIDER
The Company does not provide or engage in transportation services and the company is not a transportation provider. The Application and/or Software provided to You by the company shall be used for facilitation purposes only to your passenger or customer. The Company shall not be responsible or liable for the acts and/or omissions in regard to any service You provide to your passenger or customer. You shall not claim, understand or cause any person to understand that you are in any manner an employee, staff or an agent of the Company.
- REPRESENTATION AND WARRANTIES
5.1. By using the Service, You expressly represent and warrant that You are legally entitled to accept and agree to the terms and conditions and that you are eighteen (18) years old and above. This Service shall not be made available to anyone who has not attained the said age or in incapable of entering into a contractual relationship for any reason whatsoever.
5.2. Your use of the Service is for your own sole, personal use. You hereby accept not to authorize others to use your identity or user status, and you may not assign or otherwise transfer or sell your user account to any other person or entity.
5.3. You may only access the Service using authorized and legal means. It shall be your responsibility to check and ensure that you download the correct Application and/or Software for your device. The Company shall not be held responsible or liable if You do not have a compatible handset or if You have downloaded the wrong version of the Application and/or Software for your handset. The Company shall have the right to refuse your request to use the Application/Software should You use it for any other purpose than mentioned herein.
By using the Service, you agree that:
- You possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority in your jurisdiction;
- You own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting users and/or carrying goods in this Ride Sharing Business, and such vehicle is in good operating condition and meets the safety standards for vehicles;
- You have a valid insurance policy for the operation of your transportation to cover any anticipated losses during the Service;
- You shall provide your information and identity documents, including but not limited to National ID Card, Driver’s Licenses etc., as reasonably requested by the Company;
- You understand and acknowledge that the Company may take up to seven (7) working days for all identity documents to be reflected in your account or for any payments cleared to or from your account.
- You shall only use the Service, Application and/or the Software for the purpose for which it is intended to be used and shall not be engaged using the Service, Application and/or Software for any fraudulent or unlawful acts;
- You shall not contact the user for any other purposes than mentioned in this Agreement;
- You shall not or shall not cause to try to harm the Service, Application and/or Software in any way whatsoever;
- You shall keep secure and confidential any account password or identification provided to You by the Ride Sharing Business or the Company;
- You shall provide the Ride Sharing Business or the Company with whatever proof which may be reasonably requested;
- You shall update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You hereby accept that if your information is untrue or incomplete in any manner, the Company has the right to terminate this Agreement and your use of the Service, Application and/or Software at any time with or without notice;
- You shall not use the Service for carrying contraband items which are illegal to carry or possess under the prevailing laws of Nepal from to time and if, in the event that You display suspicious behavior, you will fully comply with the request of the any government authority and / or law enforcement to inspect any bags and / or items you are carrying with you which may or may not be readily visible;
- You shall bear the telecommunication charges that apply when communicating with the user; and
- You agree that the Service is provided on a reasonable effort basis.
The Company and its licensors hereby grant you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or Software, solely for your own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to You are reserved by the Company and its licensors.
- INTELLECTUAL PROPERTY RIGHTS
7.1. All patent, trademark, copyright, trade secret, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof and other intellectual property rights (the “Proprietary Rights”) which You (either alone or in conjunction with others) conceived, made, obtained or developed during the term of your service with the Company (whether during or outside of working hours), and relate in any way to the Company’s business is the sole property of the Company and shall be considered a work made for hire and be owned by the Company to the maximum extent permitted by applicable law.
7.2. You shall ensure that the Proprietary Rights conceived, made, obtained or developed by You during the course of your service shall be original and shall not infringe the rights of the third party.
- PAYMENT TO COMPANY
8.1. Any fees which the Company may charge You for the Service (hereafter referred to as “Service fee”), are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless any reason whatsoever.
8.2. You hereby acknowledge that the total amount of fare paid to You by the user includes the Software usage fee which You shall be collecting on behalf of the Company. Such Software usage fee may be up to hundred (100) percent of the fare depending on the discretion and/or the decision for each time a user completes the ride.
8.3. Each day, when the Service Fee Payable to the Company reaches a maximum threshold set by the Company (“Service Fee Threshold”), You shall, on your own deposit the Service Fee for the day in favor of the Company in such method, and to such person, as determined by the Company from time to time.
8.4. The Company may determine or change the Service Fee as the Company deems necessary or appropriate for the business.
- PAYMENT BY USER
9.1. The user may choose to pay for the Service by cash or SuperApp credits or any other payment merchant authorized by Super App in Nepal. The Company shall reimburse to you the portion of the payment that is due to you as per the credit payment.
9.2. The user may choose to use the discount code prior to payment provided to them by the Ride Sharing Business and/or the Company. You shall redeem the discount amount with the Company.
9.3. You shall not allow the user any other discount other than the discount code provided to them by the Ride Sharing Business and/or the Company.
9.4. Any complaints that the user shall have regarding the transportation provided by you shall be taken up by the user with You directly.
9.5. The Company shall have right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or if there exists reasonable grounds to believe that such payment is being done in violation of the terms and conditions of this Agreement.
10.1. You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations of the company which are disclosed to You by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by You from the Company or created in the course of this Agreement.
10.2. You are forbidden from promoting competitors applications, giving out coupons and suggesting any other forms of discount to the user.
You shall indemnify and hold harmless the Company, its employees, directors or successors from and against any and all losses, liabilities, costs (including legal and repair costs, experts’ and consultants’ fees), charges, expenses, actions, proceedings, claims and demands may at any time and from time to time sustain, incur or suffer by reason of any damage.
The Company shall not be responsible for the loss incurred by you due to delay in the service, Application and/or Software and other problems inherent in the use of the internet and electronic communications including the device used by You being faulty or out of reach.
The Company shall give notice by means of a general notice on the Application, or to your email address in the record of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting or one (1) hour after sending of email. You may give notice to the Company by letter sent by courier or registered mail to the Company using the contact details as provided in the Application/website of SuperApp.
This Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
The Company shall reserve the right to modify, vary or change the terms and conditions of this Agreement and/or its policies relating to the Service at any time as it may deem fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon publication by the Company. You agree that it shall be your responsibility to review this Agreement to look for such modifications, variations or changes. The failure to do so shall still constitute your consent and acceptance to such changes.
- JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION
The obligations, performance, interpretation and contents of this Agreement shall be governed by laws of Nepal. Each Party irrevocably and unconditionally submits to the jurisdiction of the competent courts of Nepal. In case of any dispute(s) arises in course of execution of this Agreement, the Parties shall settle such dispute(s) amicably and if such dispute is not settled by amicable means within thirty (30) days of the notice of such dispute, the Parties agree to submit the dispute(s) to the jurisdiction of the competent courts of Nepal.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs as may be in force and in connection with any future taxes that may be introduced at any point of time.