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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitute your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and ATTEND. If you do not agree to these Terms and Condition, you may not access or use the Services. These Terms and Conditions expressly supersede prior agreements or arrangements with you.
All the terms and conditions of application shall only be followed inside the territory of Nepal.
Attend-App works for internet-enabled portable devices (“Smart phones, tablets, personal computers”) via which users can access and order services in various locations, subject to availability at the location of the user.
Attend is not a transporter provider; it provides digital platform to multiple service sector, transportation being one of them. Attend will try level best to give you a better ride but as it is just a platform. You understand and acknowledge yourself, that you use the services at your own risk.
ATTEND may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where ATTEND reasonably suspects that:
(i) you have, or are likely to, breach these Terms and Conditions; and/or
(ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of ATTEND to access and use the Services.
(iii) On 30 days' written notice to you, where ATTEND, acting reasonably, terminates these Terms and Conditions or any Services for any legitimate business, legal or regulatory reason.
(iv) Without limiting its other rights under these Terms and Conditions, ATTEND shall immediately restrict or deactivate your access to the Services if you breach the Guidelines of the company at any time.
We may terminate these Terms and Conditions at any time, for any reason.
Terms and Conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and such Terms and Conditions shall be disclosed to you in connection with the applicable Services. Terms and Conditions are in addition to, and shall be deemed a part of, the Terms and Conditions for the purposes of the applicable Services. Terms and Conditions shall prevail over these Terms and Conditions in the event of a conflict with respect to the applicable Services.
ATTEND shall amend the Terms and Conditions, any policies (including the Guidelines of the company) related to the Services from time to time. ATTEND shall provide you with at least 30 days' written notice in the event of a material change to any Terms and Conditions, policies that detrimentally affects your rights under these Terms and Conditions. Amendments shall be effective upon ATTEND’s posting of such updated Terms and Conditions at this location or the amended policies or supplemental Terms and Conditions on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms and Conditions, as amended.
Our collection and use of personal information in connection with the Services is as provided in ATTEND’s Privacy Policy located at https://www.attend.com.np ATTEND may provide to a claims or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and such information or data is necessary to resolve the complaint, dispute or conflict.
Attend is not a transporter provider; it only provides the digital platform for transportation. It is a payment-based service provided for the easiness of the passenger. Attend-App works for internet-enabled portable devices (“Smart phones, tablets, laptop and desktop”) via which users can access and order services in various locations, subject to availability at the location of the user.
ATTEND shall provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of ATTEND’s mobile applications or websites (each, an "Application") to:
(i) Arrange and schedule transportation services with independent service provider of those services, who have an agreement with ATTEND or its affiliates (“Service provider”); and
(ii) Facilitate payments to service provider for the services and receive receipts for those payments.
The Services are made available solely for your personal use, unless ATTEND has agreed with you otherwise in a separate agreement. You acknowledge that ATTEND does not provide transportation services or function as a transportation carrier and that all such transportation services are provided by independent service provider who are not employed by ATTEND or any of its affiliates. ATTEND accepts liability for the Services and Application that it provides to you subject to these Terms and Conditions. ATTEND does not take any responsibility and assumes no liability for any acts or omissions of service providers who use the ATTEND app. ATTEND will try level best to give you a better ride but as it is just a platform. You understand and acknowledge yourself, that you use the services at your own risk.
License
Subject to your compliance with these Terms and Conditions, ATTEND grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
Any rights not expressly granted herein are reserved by ATTEND and ATTEND’s licensors.
Obligation
(i) Of the user: The user signing in for the ride is responsible for all the requests for the rides performed using his account.
(ii) Of the ATTEND: Giving a digital platform to the vehicle
(iii) Of the Service provider: One who transfer goods or customer from one place to another.
Restrictions
You may not:
Ownership
The Services and all rights therein are and shall remain ATTEND’s property or the property of ATTEND’s licensors. Neither these Terms and Conditions nor your use of the Services convey or grant to you any rights:
User Accounts
In order to use most aspects of the Services, you must register in the application for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to ATTEND certain personal information, such as your name, address, mobile phone number, date of birth, age and email address. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, you are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ATTEND in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or delivery services from service providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You shall not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the service providers or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from ATTEND at any time by following the directions found at http://www.attend.com.np You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Registration and account
In order to use the services and the application, you must:
Do’s:
Don’ts:
General customer behavior while using transport services
Customers and service providers are treated equal; if you treat them well then, they will treat you better. Therefore, customer shall maintain reasonable behavior while utilizing the services offered by the company.
Booking Process
Waiting Policy
Once customer has booked the vehicle, vehicle shall arrive within no more than 15 minutes. If due to any personal or other reasons service provider is late to arrive, service provider shall pre-inform you via text or call.
Charge
Charges are pre fixed; it is calculated on app itself based on initial fare, time travelled, per K.M rate, and waiting charge. Once charge is set and customer books the ride, the rate shall not be bargained.
Intellectual Property
Using this service does not transfers the ownership or intellectual property between ATTEND and its users. User shall not steal / publish ATTEND any material given by the application during the use of the service.
Service Provider’s Account
Every service provider has his/her own right to refuse any assigned rides if/ or is bounded by any sort of problem.
Obligation of the service provider
Reporting a fault or lost item
We shall provide training to the service providers as mentioned in the training manual.
Misuse of vehicle
The service provider will use the vehicle only for the purpose for which it is licensed and shall not use it for making personal monetary gains through cheating and illegal activities as follows:
Personal cleanliness and hygiene
Standard level of personal hygiene shall also be maintained
Conduct with passengers, public, police and colleagues
Vehicle sharing and loading passengers without consent of passenger
The service providers shall not use the vehicle on a sharing basis without the approval of passenger. Any vehicle can only be used in a sharing basis when both the passenger agrees and are fine with it.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible devices necessary to access and use the Services and Applications and any updates thereto. ATTEND does not guarantee that the Services, or any portion thereof, shall function on any particular devices. Attend does not claim that this app will run on all devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You must understand that the service which is provided charge you. You must pay the given fair in the application with cash or card or digital wallet to the service provider. In the event if you may have to change the route that you entered in the application, you shall be subject to additional charges by the service provider in respect thereof and shall make such payments directly to the service provider.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ATTEND.
All charges are due immediately and payment will be facilitated by ATTEND using the preferred payment method designated in your account, after which ATTEND will send you a receipt by email.
As between you and ATTEND, ATTEND reserves the right to establish, remove and / or revise charges for any or all services obtained through the use of services at any time in ATTEND’s sole discretion.
Invoices
Terms of payments – The payment of the ride or service is done right after the completion of the ride through cash or card/ Digital wallet.
Financial condition of services
Disclaimer
Limitation of liability
ATTEND shall not be responsible for any mishap or loss of the service provider’s goods or theft.
Indemnification
One should be bearding their own indemnity and ATTEND shall not be entitled to claim any sums, damages or expenses.
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms and Condition, including those relating to its validity, its construction or its enforceability (any "Dispute"). ATTEND or its affiliate operates a complaints process to allow you to make complaints about ATTEND or Third-Party Providers, and ATTEND or its affiliate also manages refunds to you in relation to those complaints. ATTEND or its affiliate shall operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the NEPALI Consumer Law.
Except as otherwise set forth in these Terms and Condition, these Terms and Condition shall be exclusively governed by and construed in accordance with the laws of Nepal. In the event of a Dispute, either party may file an action in the courts of Nepal or pursue final or binding arbitration or other alternative dispute resolution as agreed upon by the parties.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms and Condition.
Claims of Copyright Infringement
Claims of copyright infringement shall be sent to ATTEND’s office. Please visit ATTEND’s website for the designated address and additional information.
Notice
ATTEND may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to ATTEND by written communication to ATTEND's address at Lalitpur Metropolitan city Ward No.3, Lalitpur.
General
You may not assign or transfer these Terms and Condition in whole or in part without ATTEND’s prior written approval. You give your approval to ATTEND for it to assign or transfer these Terms and Condition in whole or in part, including to
If any provision of these Terms and Condition is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms and Condition but the legality, validity and enforceability of the other provisions in these Terms and Condition shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms and Condition. These Terms and Condition, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Nepali Consumer Law. In these Terms and Condition, the words "including" and “include” mean “including, but not limited to.”
Force Majeure
Neither party shall be liable to other by reason of any delay in performance, or the non-performance, of any of its obligations under this Contract to the extent that the tdelay or non-performance is due to any Force Majeure.
Explanation
For the purposes of this Contract, the term "force majeure event" means any of the following events
Confidentiality
Each Party shall maintain in strict confidence any and all business and information pertaining to the service, any provision of this Agreement and all non-public information received from each other in relation to the execution and performance of this agreement, and shall not at any time disclose such information to third parties without the prior written consent of the other Party. However, if any Party is required or ordered to disclose any Confidential Information pursuant to the applicable law or regulations, they shall immediately provide a notice to the other Party and take all possible measures to limit disclosure and make best efforts to afford the confidential information the highest level of protection.
Severability
If any of the provisions hereof be held to be void, illegal, in conflict with any law or invalid or unenforceable by any court or other duly authorized organization, such illegality, unenforceability and invalidity shall not affect the legality, enforceability and validity of any of the remaining provision hereof.
