TERMS AND CONDITIONS
These Terms constitute a binding and enforceable legal contract between the Company and a User of the Services here after called “you”.
You represent and warrant that
1. You have full legal capacity and authority to agree and bind yourself to these Terms.
2. You are Nepali resident.
3. If you represent an entity, organization , or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these terms.
The Company reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
The Platform provides an online digital ledger book, record book & KHATA wherein the users can record their ledger entries with their respective customers.
1. To avail the Services, a User would be required to create a profile/sign-up on the Platform using his/her email ID and phone number among other details. In addition to setting up username and password to create the Profile, the User will be required to furnish certain details, including but not limited to phone numbers and details of its customers and businesses. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
2. The User is responsible himself for maintaining the security and confidentiality of its username and password, and agrees to immediately notify the Company in writing at [please provide details] of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
3. The User agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service. The Company expressly excludes any liability for any unauthorised access to User’s Profile.
The User agrees to receive communications from the Company regarding information relating to transactions recorded on the Platform; requests for payment; information about the Company and the Services; promotional offers and services from the Company and its third party partners, and any other matter in relation to the Services.
· The Company request the Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents.
· The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
· The Users may upload information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Transaction Information”). Transaction Information may be exchanged between the Users and their customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
· At the time of creating or uploading the first Transaction Information with respect to their customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such Customer’s express consent in this regard and to:
· The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the Company;
· Receive communications from the Company regarding:
I)nformation relating to their transactions recorded on the Platform.
II) Requests for payment.
III) About the Company and the Services.
IV) Promotional offers and services from the Company.
V) Other matter in relation to the Services.
· If such customers fail to provide consent, or withdraw consent, the User shall immediately cease to use the Services in relation to such customers.
· The User shall be solely responsible for obtaining such consent from its customers and the Company shall assume that such consent as required under clause 4(b) above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.
· The Services may include services, content, documents, and information owned by, licensed to, or made available by a third party or contain links to Third Party Services. Users understand that third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is at their own risk.
· The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
· The User represents and confirms that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
· The User should be responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
· While the Company uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
· The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence.
· the User are not allowed to:
· Infringe either directly or indirectly any third party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
· except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services:
· Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
· use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
· engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or
· Violate applicable laws in any manner.
· All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by the Company.
· The User should assume that everything the User sees or reads on the Platform is protected under the Nepal Copyright Act and other intellectual property laws of Nepal and may not be used except with the prior written permission of the Company.
· The Company can use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
· Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights.
· The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Company and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Company.
· These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
· The Company may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
· Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
· Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.
· The use of the Services is at your own risk.
· You acknowledge and agree that the Company is not engaged in the provision, grant, or disbursement of any financial product. Further the Company does not act as an intermediary and does not collect or facilitate the collection of monies. The Company is not and will not be responsible for any claim or for any damages suffered, whether by the Users, the customers of the Users or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by the User or by the customers of the User using the payment link generated using the Platform. The User further agrees and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
· The Company is only a technology platform service provider.
· It does not hold any license to engage in any activities relating to financial products; and
· It is not an intermediary under the applicable laws.
· The Company may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
· Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
· FEES/CHARGES The Company reserves the right to charge convenience fee for the Services.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services or any part with or without cause. The Company shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
These Terms shall be governed by and construed and enforced in accordance with the laws of Nepal. If any dispute occur it is handled according the present law of the government of Nepal
1. The Company reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
2. – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
3. – You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Company’s prior written consent. The Company may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Company may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
4. – All notices, requests, demands, and determinations for the Company under these Terms (other than routine operational communications) shall be sent to feedback@Mobile Khata.com
5. – No third party shall have any rights to enforce any terms contained herein.
6. –The Company may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail