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Terms and Conditions

Mankaa Kura

INTRODUCTION

Yama Services Private Limited (the “Company”) which has its registered office at 107/3 Saras Marga Anamnagar, Kathmandu, Nepal is an online mental health service providing company. The current Website including the related mobile site, mobile application … (collectively, the “Platform” or “Mankaa Kura”) is owned and operated by the Company. The Company through the Platform (Mankaa Kura) allows Users to access online mental health services from counselors who are appointed by the Company to provide counselling and therapy services (the “Counselors”). The terms “We,” “Us,” and “Our” refers to the Company. Any natural person who uses the Platform to access the Services is referred to as “You,” “Your,” or “User” in these Terms, unless the meaning demands otherwise.

You must enter into an agreement/memorandum of understanding with the Company if you are not an individual and are an incorporated/licensed entity/institute/organization requesting to use the Platform’s services for your members/employees/students or any other individuals registered with you for any services. Individuals who use the Platform’s services under such an agreement/memorandum of understanding are bound by these Terms and privacy policy (“Privacy Policy”), which can be found here.

By accessing or visiting the Platform, or by using any material or information provided as part of the Platform/Services, you hereby accept these terms and conditions (including the linked information herein), Your acceptance is deemed effective upon your use of the Platform and represents that you agree to comply with these terms and conditions. The terms and condition of usage stated herein (collectively the “Terms”) constitute a legal agreement between you and Yama Services Private Limited (the “Company”) for the services provided therein (the “Services”) and do not require any physical or digital signature. If you do not agree to be bound by this Term please do not access, register with or use this Platform. These Terms do not change or restrict the terms or conditions of any other agreement User might have with the Company, including without limitation the Privacy Policy.

At any time, we reserve the right to make amendments to these Terms. Any such changes will take effect immediately after they are posted on the Platform, and your continued use of the Platform and/or the Services constitutes your acceptance of them. You consent to review the latest edition of these Terms of Use on the Platform on a regular basis.

We provide the following services: https://www.mankaakura.com/our-services/

Visit this page to learn more about Mankaa kura: https://www.mankaakura.com/about-us/

2. ELIGIBILITY TO USE THE PLATFORM

Only people over the age of eighteen (18), or person having the capacity to enter into a legally binding contract pursuant to the Civil Code 2017 (2074) are permitted to use the Platform. You cannot register as a member of the Platform or sell or buy Services on the Platform if you are incompetent to contract under the prevailing laws of Nepal, unless you are accessing the Platform with parental or legal guardian’s supervision. If it is brought to our attention or discovered that you are under the age of eighteen (18) years and are accessing this Platform without parental consent and guidance, or without the consent and guidance of a legal guardian, we reserve the right to revoke your membership and refuse to provide you with access to the Platform. We will not be responsible for any damage you may suffer as a result of your use of the Platform without the permission of your parents.

3. USER ACCOUNT REGISTRATION

To access certain Services offered by the Platform, we will require that you create an account with us or provide personal information to complete the creation of an account (“Account”). We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.

You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Platform and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Platform and/or use of any services offered by the Platform (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Platform through your account.

Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information, you are not able to update by accessing your Account on the Platform, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.

4. PRIVACY

We view protection of your privacy as a very important principle. Please review our Privacy Policy which also governs use of the Platform. The personal information/ data provided to us by you or your use of the Platform will be treated as strictly confidential, in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Policy, please do not use the Platform.

5. SALE OF SERVICES

The User confirms to have read this section prior to purchasing a Service listed in the Platform and agrees to be bound by the following conditions.

5.1. Appointments (Audio/Video):

All commercial/contractual terms of the scheduling of the appointment are offered by and agreed to between You and the Company. However, the Company does not have access or control or does not determine or advise or in any way involve itself in the offering of expert services by the Counselor in or during your appointment on matters discussed between You and the Counselor.

Your request to purchase the Service from the Platform is a legal offer to buy the service provided by our Platform. When you place an order to purchase a Service, any status updates received prior to scheduling an appointment serves as an acknowledgment of the order details provided and in no way implies the confirmation of the order itself. The acceptance of your order is considered confirmed when the appointment is scheduled and the proposed fees have been paid by You.

5.1.1. For any services purchased, a confirmation email scheduling an appointment shall be delivered in the address provided by the User. This shall be deemed as an acceptance of your offer.

5.1.2. The Platform shall not issue a reminder or carry out follow-ups for confirmation. Purchase of Service via the Platform are final and are bound by the Refund Policy outlined below.

5.1.3. The User may request for rescheduling their session at least 24 hours prior to the appointment. However, such rescheduling may only be done up to 2 times for the amount paid in advance.

5.1.4. The Counselor retains the right to reschedule any appointments at its sole discretion prior to the schedule. However, the User has the right to agree such rescheduled appointment or request for a refund.

5.1.5. If the Company is aware or has been made aware of any difficulties in carrying out the sessions during or at the time of the scheduled appointment owing to technical reasons, the Company shall confirm with the Counselors regarding the same. If the claim is found to be reasonable, the appointment shall be rescheduled.

5.1.6. If the User fails to show up at the time of the appointment, appointment will be treated as consumed and no refunds shall be provided. For Users with packages, only the particular session you missed will be considered consumed, the remainder of the services shall still be available.

5.1.7. For any reschedules, the customer needs to inform the Company at least 24 hours in advance, via email to [email protected] and can do so for a maximum of two times for one original appointment.

5.2. PAYMENT

We may charge the User for using the Services (including but not limited to online counselling/therapy sessions via chat, audio, and/or video) from the Platform. We will inform the User of the relevant charges for any such service before providing it. A User is also bound by the terms (if any) listed for specific Service(s) in addition to these Terms.

User(s) can make payments through any of the following available options:

1. Internet Banking
2. Debit/ Credit Cards or
3. Digital wallets
4. Any other electronic medium introduced by Mankaa Kura as the means of payment.

The records of any or all purchase made by the User shall be maintained by the Company.

The User agrees and acknowledges that all aspects and modalities relating to making payments using Internet Banking/ Debit/Credit Cards/Digital Wallets (“Virtual Payment Mode”) will be regulated separately by the User and the applicable banks’ arrangement(s) / terms and conditions. We would not be held liable in any way for any liability that could occur as a result of the Virtual Payment Modes (including any fraudulent transaction).

We will not be liable or accept any responsibility for any loss or harm resulting directly or indirectly to the User as a result of (a) lack of authorization for any transactions; (b) any payment problems arising out of the transaction; or (c) any transaction being declined for whatever reason, resulting from the use any of the payment methods available on the Platform.

The User acknowledge, consider, and agree that the payment service we offer is neither banking nor a financial service.
The Company reserves the right to adjust the fees for Services at any time. Any such change will be binding on the Consumer and will take effect immediately. However, such adjustment in fees will not be effective in cases of Services for which payments have been made in advance.

5.3. Refund Policy

Please note the general refund policy in the event of the following circumstances:

Users have the option to reschedule their session at least 24 hours in advance. Note that rescheduling can only be done up to 2 times for the same payment.

The User may be matched with a different Counselor without additional charges in case of unsatisfactory first therapy session. However, User will be required to start the sessions from the beginning with the new Counselor, since the patient notes are not transferrable.

Full Refund is ONLY issued if Counselors are unable to take session in the booked timeframe due to unavoidable personal circumstances or other technical reasons owing to the Counselor.

Mankaa Kura is ultimately a customer focused service. Contact us at [email protected] if your unique situation requires partial or full refund. Mankaa Kura has no obligation to refund but may agree to refund, as per the decision of the Company based on careful consideration of the User’s request.

Refunds might be possible for customer’s convenience in the future. In the meantime, surveys at the end of therapy sessions are taken to ensure continuously improved services.

Note that therapy is delicate and takes time. The best therapists in the industry are employed and continuously trained in partnership with different institutions. Please be patient and let the scientific process help you, one session at a time.

You can find the same at www.mankaakura.com/refund-policy

6. OWNERSHIP OF THE PLATFORM

6.1. The Platform contains content owned or licensed by Yama Services Private Limited. The right over graphics, logos, page headers, button icons, scripts and service names are owned and retained by the Company. It may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Any copyright, trademark, service mark, or other proprietary rights notices contained in or accompanying the Mankaa Kura Content should not be removed, altered, or concealed, and you will not reproduce, change, adapt, prepare derivative works based on, perform, view, print, distribute, transmit, broadcast, sell, license, or otherwise exploit the Mankaa Kura Content.

6.2. Yama Services Private Limited’s trademarks, including the Mankaa Kura name and logo, cannot be copied, imitated, or used, in whole or in part, without Yama Services Private Limited’s prior written permission, except with prior consent. Furthermore, all custom graphics, button icons, and scripts are Mankaa Kura’s service marks, trademarks, and/or corporate identity, and may not be copied, imitated, or used, in whole or in part, without Yama Services Private Limited’s prior written permission.

7. USE OF THE PLATFORM AND CONDUCT

7.1. Use of the Platform

The User is only permitted to use the Platform for lawful purposes. You may not post or transmit through the Platform any material that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, encourages conduct that would be considered a criminal offense, or gives rise to a lawsuit.

User agrees not to engage in any of the following prohibited activities:
i. copying, distributing, or disclosing any part of the Platform in any medium;
ii. transmitting spam, chain letters, or other unsolicited email;
iii. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
iv. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
v. uploading invalid data, viruses, worms, or other software agents through the Platform;
vi. collecting or harvesting any personally identifiable information, including account names, from the Platform;
vii. using the Platform for any commercial purposes without having all necessary rights and licenses to the User Content;
viii. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
ix. interfering with the proper working of the Platform;
x. accessing any content on the Platform through any technology or means other than those capabilities provided by the Platform; or
xi. bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.

7.2. User Content Guidelines:

7.2.1. The Users are solely responsible for your actions as well as any data you send, publish, or view on or via the Platform. The Company accepts no responsibility for your actions when using our Platform. Violations of these Terms can result in legal ramifications under applicable laws.

7.2.2. The Platform provides Users the facility to create, share and post content (together, “User Content”). The Company claims no ownership rights over User Content created by you. The Company has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Platform.

7.2.3. The Company assumes no responsibility for any User Content that you, another User, or a third party makes, stores, shares, publishes, or sends via the Platform. The User accept that we are only serving as a passive conduit for your online communication and publication of your User Content, and that you are solely responsible for your User Content and the effects of uploading, publishing, or sharing it. User can be held legally liable for the Content if it breaches these Terms.

7.2.4. User agrees to not post, store, transmit, create or share any User Content that:
i. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
ii. may create a risk of any other loss or damage to any person or property;
iii. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
iv. may constitute or contribute to a crime or tort;
v. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
vi. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or
vii. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any User Content that it believes, in its sole discretion, violates these provisions.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Platform therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

7.2.5. In connection with your User Content, you affirm, represent and warrant the following:

a. Your User Content, as well as the use of it as outlined in these Terms and on the Platform, will not break any laws or infringe on any third-party rights, including but not limited to Intellectual Property Rights and Privacy Rights as per the prevalent laws.
b. To the extent that you use the Platform for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Platform.
c. The Company may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
d. The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Platform, whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that the Company is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you may bear legal responsibility for that content.

8. DISCLAIMERS

8.1. THE COMPANY DO NOT HAVE ACCESS OR CONTROL OR DOES NOT DETERMINE OR ADVISE OR IN ANY WAY INVOLVE ITSELF IN THE EXPERT ADVICE OR EXPERT SERVICES OFFERED BY THE COUNSELOR IN OR DURING YOUR APPOINTMENT ON OR ABOUT MATTERS DISCUSSED BETWEEN YOU AND THE CONSULTANT.

8.2. THE ADVICE OR INFORMATION PROVIDED BY MENTAL HEALTH COUNSELORS VIA THE PLATFORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR IN PERSON EXAMINATION BY A DOCTOR OR CERTIFIED MENTAL HEALTH PROFESSIONAL. USER IS ADVISED STRONGLY AGAINST RELYING SOLELY ON, OR MAKING DECISIONS BASED SOLELY ON ADVICE PROVIDED BY ANY COUNSELOR VIA THIS PLATFORM.

8.3. You understand and agree that although the Counselor may be a counselor, therapist or other mental health professional, the Company disclaims any and all liability for any consultation and therapy services rendered by the Counselor to you through the Platform. You further acknowledge and agree that you take full responsibility and consent for the decision to access a Counselor through our Platform and to continue to interact with such individual(s).

8.4. USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, PLEASE GO TO THE NEAREST HOSPITAL OR HEALTH CARE PROVIDER.

8.5. THE PLATFORM IS NOT A SUICIDE HELPLINE PLATFORM. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MAY DISCONTINUE USE OF THE SERVICES IMMEDIATELY AT YOUR DISCRETION AND PLEASE NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL. IF YOU ARE THINKING ABOUT SUICIDE, IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE: TPO Hotline 16600102005, Patan Hospital 24-hour crisis helpline for suicidal individuals 9813476123.

You can find the same at https://www.mankaakura.co/references/

8.6. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM AND AVAILING OF SERVICES ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. THE COMPANY IS NOT, AND WILL NOT IN ANY MANNER, BE INVOLVED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. HOWEVER, THE PLATFORM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.

 

9. PRIVACY AND SECURITY

9.1. You understand that by using the Platform you consent to the collection, use and disclosure of your personally identifiable and sensitive information and aggregate data as set forth in our Privacy Policy.

9.2. You acknowledge that the Company has adopted best efforts to secure the collected data from third-party intervention but cannot guarantee that unauthorized third parties will never be able to circumvent our security measures or misuse your personal data. You understand that providing personal information is at your own risk.

10. WARRANTY

10.1. The platform is provided on an “as is” basis, and use of the platform is at the user’s risk. To the maximum extent permitted by applicable law, the platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the company or through the platform will not create any warranty not expressly stated herein. Without limiting the foregoing, company, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the platform is accurate, reliable or correct; that the platform will meet your requirements; that the platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the platform is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the platform is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the platform.

10.2. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked platform or service, and the company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

10.3. The Company represents and warrants as to the quality and value of the services offered by the Counselors on the Platform, including the availability of Counselors. The Company implicitly and explicitly supports as well as endorses all services on the Platform. We shall be liable for any errors or omissions, on behalf of ourselves but, not the third parties.

10.4. We will carry out background checks and verifications on all Counselors, and acknowledge that We endorse, recommend, warrant and guarantee to qualifications, expertise, claims and background of all Counselors, and all services, advices, opinions, recommendations provided by a Counselor.

11. EXCEPTIONS AND LIMITATIONS

11.1. You acknowledge that there will be occasions when the Platform may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

11.2. You agree that the Company is not responsible for, and does not endorse, contents posted by the User (the User Content) posted within the Platform. We do not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.

11.3. We reserve the right to remove any User Content from the Platform for any reason, without prior notice. User Content removed from the Platform may continue to be stored in our server, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. We will not be liable to you for any modification, suspension, or discontinuation of the Platform, or the loss of any User Content.

11.4. We may, without prior notice, change the Platform, stop providing the Platform or features of the Platform, to you or to Users generally, or create usage limits for the Platform. We may permanently or temporarily terminate or suspend your access to the Platform, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

12. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms or revoke any or all of your rights granted under the Terms. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Platform shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform or with any terms, conditions, rules, policies, guidelines, or practices in operating the Platform, your sole and exclusive remedy is to discontinue using the Platform.

13. LINKS

13.1. The Platform may contain links to other Platforms (“Linked Sites”). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

13.2. We are not responsible for any transmission received by the User from any Linked Site in any form. We include these links for your convenience only, and their inclusion does not mean that the Platform endorses the Linked Sites or has any affiliation with their operators or owners, including their legal heirs or assigns.

13.3. On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

14. INDEMNIFICATION

14.1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Platform. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

14.2. In the event of a dispute regarding any transaction conducted via the platform, you hereby relieve the company, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which member may have against one or more of the above.

15. LIMITATION OF LIABILITY

15.1. In no event will the company or its affiliates or any party involved in creating, producing, or delivering the platform be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the platform or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

15.2. By use of the platform and the services, the user acknowledges that they are solely responsible for any and all actions, liabilities, consequences, decisions, behaviours (“conduct”) arising out of or in connection with the use of the platform and/or services, and shall in no way hold the company and/or its affiliates responsible for such conduct.

16. WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business, in accordance with the prevailing laws of Nepal to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Platform and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

17. GOVERNING LAW

This Terms shall be governed and construed in accordance with the prevailing laws of Federal Democratic Republic of Nepal, and the courts of Nepal shall have exclusive jurisdiction with respect to any dispute arising hereunder.

18. MISCELLANEOUS PROVISIONS

18.1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.

18.2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

18.3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

18.4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any non-compliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

18.5. Notices: Any notice required or permitted to be given to the Company hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified. All notice required to be given under these Terms shall be addressed to:
Name: Yama Services Private Limited
Postal Address: 107/3 Sarag Marga Anamnagar-29, Kathmandu, 44600, Nepal
Contact us : [email protected]

NOTE: We encourage you to periodically review this page for the latest information on our Privacy Policy and practices. YAMA SERVICES PRIVATE LIMITED reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this Platform immediately.

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