Terms and Policies
Terms of Service : User
This Terms of Service (hereafter referred to as “Agreement”) constitutes a legal arrangement between passenger or customer (hereafter referred to as “You”) and Super App Pvt. Ltd. (hereafter referred to as the “Company”) for SuperApp (hereafter referred to as “Ride Sharing Business”). You must agree to the terms and conditions set out on this Agreement to use the Service defined below. By downloading, installing, and/or using SuperApp’s application, you agree that you have read, understood and accepted and agreed to the terms and conditions set out in this Agreement.
2.1. The Services comprise mobile applications and related services (hereafter referred to as “Application”), which enable users to schedule for their transportation through including but not limited to bikes, cars and similar vehicles. Unless otherwise agreed by the Company in a separate written agreement with You, the Services are made available solely for your personal, non-commercial use.
2.2. You hereby accept and acknowledge that this Ride Sharing Business is operated based on a freelancing model and the riders (“Riders“) are not an employee of the Company but act as a third party transportation provider. The Riders 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 Service and blacklist You permanently or temporarily upon evaluating your conduct including but not limited to:
- receiving complaints regularly about You from the Riders, employees of the Company about your behavior or interaction with anyone whatsoever; or
- involving in a bargain and/or negotiation with the Riders regarding price, destination, choice 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
4.1. The Company does not provide transportation services and the company is not a transportation provider. It is up to the Riders to offer transportation services and it shall be up to You to accept such transportation services.
4.2. The service of the Company shall be limited to linking You with such Riders.
4.3. You hereby accept and acknowledge that the Company is not responsible nor liable for the acts and/or omissions of any Riders and/or any transportation services provided to You.
- REPRESENTATIONS 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. 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 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 for your handset. The Company shall have the right to refuse your request to use the Application and/or Service should You use it for any other purpose than mentioned herein.
By using the Service, you agree that:
- You shall only use the Service for intended and lawful purposes;
- You shall not contact the Riders for any other purpose than for the Service;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the Riders;
- You shall not or shall not cause to try to harm the Service and/or Application in any way whatsoever;
- You will not copy, or distribute the software or other content without written permission from the Company;
- 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 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 and/or Application at any time with or without notice;
- You shall not use the Service for carrying contraband items that 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 passenger or customer;
- You agree that the Service is provided on a reasonable effort basis;
You unconditionally agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Riders, the Company and/or any third party as a result of any breach of the Terms of Service.
- You may choose to pay for the transportation services by cash, by SuperApp credits or by any payment merchant authorized by Super App in Nepal. Once you have reached your selected destination using the Service, you are required to make payment in full to the Riders and such payment is non-refundable. Your complaints if any in relation to the transportation service must directly be taken with the Riders directly.
- You may purchase credits from the Company which may be used to pay for the transportation services.
- Selecting a particular payment method shall imply that You are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
- The SuperApp credits will be valid for one (1) year from the date of their last use. The credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value.
- You shall not receive interest or other earnings on your credits.
- You shall ensure that you have Credits to pay for the transportation services through the Application. If You have insufficient credit balance to pay for the transportation services, you shall purchase additional credits so that the payment may be completed.
- You may choose to redeem the discount code prior to payment provided to You by the Ride Sharing Business and/or the Company.
- You shall not demand the Riders any other discount other than the discount code provided to You by the Ride Sharing Business and/or the Company.
- 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”) conceived, made, obtained or developed with the Company and relate in any way to the Company’s business is the sole property of the Company and shall not be used for any other purpose other than by seeking the permission of the Company.
8.1. You shall maintain in confidence all personal information and data. You shall further ensure that You are disclosing personal information that may seem reasonable to the Service. You shall only disclose such information to such officers, employees and agents as need to know it to fulfill its obligations under this Agreement. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information is of public knowledge or is required to be disclosed under the prevailing laws of Nepal.
8.2. If any of the Personal Data that you have provided to us changes, for example email address, telephone number, payment details or if You wish to cancel your account, You shall update your details by sending your request to the support contact details as provided in the Application.
8.3. The Company will within fourteen (14) working days of receipt of such notice implement such changes.
- THIRD PARTY INTERACTIONS
9.1. During use of the Service, your use of Service from the Riders is solely between You and the Riders. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence.
9.2. It shall be your responsibility to take all precautions with the Riders or any other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.
- RESPONSIBILITY FOR ACTIONS
You shall be responsible for the cost of repair for any damage to or necessary cleaning of the Rider’s vehicle as a result of or omission of your act. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the Riders via your payment method or demand from You in cash.
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 and/or Application 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.
13.1. The Company may give notice via Application, electronic mail or to your number as per the records of the Company. Such notice shall be deemed to have been given upon the expiration of twenty four (24) hours after mailing or posting or one (1) hour after sending it via email.
13.2. You may give notice to the Company as per the instructions 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.
- JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION
15.1. 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.
15.2. The Company will not be a party to disputes, negotiations of disputes between You and the Riders, advertisers and/or sponsors. Unless you are a corporate customer with a current corporate account with the Company, the Company shall not be involved in managing payments between You and the Riders, advertisers and/or sponsors.
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.