This Agreement is made between you and Upaya Services Limited ("us", "we", "our", “Upaya”). It sets out the various terms under which Upaya offers you its services. By using any of the services and/or the website you agree that you have read and accepted these terms and conditions and that they shall apply to your use.
UPAYA SERVICES LIMITED, a public limited company incorporated under the laws of Nepal, having its registered office at Ward no. 11, Tripureshwor (hereinafter referred to as the “UPAYA”), which expression shall, unless it be repugnant to context and meaning hereof, shall deemed to include its Successors and assigns.
SERVICE PROFESSIONAL is the person who has obtained the valid license from the concerned government authority of Nepal to drive goods transportation vehicle and owns the vehicles himself/herself to provide goods transportation services as requested by the Client.
Upaya shall not disclose any of the personal or confidential information related to the performance of service under this agreement to a third party unless otherwise agreed by you in advance and in written form or as required by the law or court order.
The personal and confidential information provided by you as part of acquiring our services shall only be disclosed to the Service Professional that you have selected and the employee/consultant/director of Upaya on need to know basis. Unless your consent is given, such confidential information shall not be disclosed to any other third parties. When you choose to terminate our services either due to completion of your work or for any other reasons, such information shall be kept as a part of our legal records.
Notwithstanding anything written hereinabove, the general information about you may be used for preparing profile and advertisement.
Upaya may terminate, suspend or deny you access to the Website and/or Services immediately upon violation of any of the terms and conditions of this agreement or on other legal grounds without incurring any liability.
You understand that the responsibility of Upaya is limited only to provide the Internet based platform and Upaya do not have any control over the services that you will be receiving from the Service Professional. Considering this fact, it is made clear that Upaya will not be held liable for any loss or damage to your goods for whatsoever reason and you shall be required to forward and negotiate such claim with the Service Professional.
You agree to indemnify, defend, and protect Upaya from and against all lawsuits and costs of every kind incurred as a result of your failure to act by the terms and conditions of this agreement.
None of the party shall be held liable to the other, for any loss or damage incurred by either party due to the circumstances or contingencies that are beyond the control; provided, however, that the party shall use its best efforts to resume its Services as soon as possible.
Any notices under this agreement, unless otherwise expressly stated, shall be given in writing by sending through e-mail or by text messages by either party to other party’s address or contact details as informed by the parties.
Failure or neglect by either party to exercise any right conferred by this agreement shall not be deemed to be a waiver of any such right.
If any provision of this Agreement is determined to be invalid, unlawful or unenforceable in any jurisdiction, such provision, or part thereof, shall be served from the remaining terms, conditions and provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
The right to vary the provisions of this Agreement from time to time reserves upon Upaya. Any changes that is made shall either be notified to you via email or posted on the homepage of Upaya websites and shall be deemed as to have been accepted by you if you continue to use the website and services after a period of one week from the date of transmission of the mail or posting in the home page.
This agreement shall be governed by the laws of Nepal and you hereby submit to the jurisdiction of Nepal courts.