Terms of Service: Rider (Sawarima Captain)
Important – please read these terms carefully. By using this Service, the rider or Sawarima Captain agree that the rider had read, understood, accepted and agreed with the Terms and Conditions, and the conditions stated in the Driver’s Code of Conduct. the rider or Sawarima Captain further agree to the representations made by himself/herself as below. If the rider does not agree to or fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service. The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between the rider or Sawarima Captain and Sawarima Nepal Private Limited (the “Company”).
In order to use the Service (each as defined below) you must agree to the Terms and Conditions that are set out below. By using the mobile application supplied to the rider by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (the “Software”) which overall purpose is to enable the Service (each as defined below), the rider hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time at Sawarima or through the Application.
Terms and Conditions
Article 1 Definition and Interpretation
Sawarima Nepal Private Limited is a company established under the laws of Nepal and it owns the brand “Sawarima”.
The Application is a software application that serves as a means to find motorcycle/ or any other vehicle based services provided by second parties (Sawarima Captain).
Wherever the following terms appear in this Agreement, whether in the singular or in the plural, or in the present or the past tense, they shall have the respective meanings specified below:
“Sawarima Captain” meaning people who use the application to give rides and also known as (Driver). “Sawarima” here means people who use the application to find rides and use other services and also known as (Sawarima Users). Service here means and refers to Motorbike (two wheeler), car (4 wheeler) service.
The second party or the Sawarima Captain (rider) shall receive some key features of Sawarima user’s application from first party Sawarima Nepal Private Limited (Company)
Those features include but not limited as follows;
a) Refer and Earn: - The second party or the Sawarima Captain (Rider) can earn by referring the Sawarima rides from the first party (Sawarima Nepal Private Limited) after the ride is completed. The referral amount and its validity is the sole discretion of first party.
b) Location sharing and emergency contact: - If Sawarima Captain and Sawarima Users are in any sort of problem / or emergency during the ride, after clicking emergency bottom available in app, the details regarding their location or rider’s details are send to respective numbers as provided in app. The users & riders can provide min 1 to maximum 5 respective close individuals. The emergency button is marked with red color (bulb sign) in the app.
c) Option to select the favored destination: - The second party or the Sawarima Captain can select the favored destination by clicking on "return" button as provided by the first party. For instance, when a second party or the Sawarima Captain has to travel only to a specific destination while returning from job to home, after clicking on “return” button s/he can find the users from those locations only.
d) Transfer of wallet balance: - The second party or the Sawarima Captain can transfer the wallet balance to both Sawarima Users and Sawarima Captains. However, Sawarima Captain should have at least Rs. 50/ wallet balance to get Sawarima user’s request.
e) Feedback from users: - The second party or Sawarima Captain can receive feedback from the client or Sawarima Users.
The first party shall offer information, method and platform for transportation providers, drivers and vehicle operators to schedule, obtain and establish contact with the second party or Sawarima Captains, but does not intend to provide transportation services as such, and has no responsibility or liability for any transportation services provided to the Sawarima Users.
The first party or the Company reserves the right to modify, vary or change the terms and conditions of this Agreement or its policies relating to the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon the posting of an updated version at Sawarima. It shall be the responsibility of the second party to review this Agreement regularly whereupon the continued use of the Service after any such changes, even if the second party has not reviewed this agreement, it shall constitute the second party has consent and acceptance to such changes.
Provided that, that this ride sharing business is operated based on freelancing model, the Sawarima Captain (riders) are not employees of Sawarima Nepal private Limited. Concerned individual parties, not the company or Sawarima Private Limited, shall be solely responsible for any and all claims, judgements and liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, total loss and property damages which is due to or is alleged to be a result of the passenger transport and/or delivery service howsoever operated.
3. Not a Transportation Provider
The First Party or the company is a Technology company that does not provide or engage in transportation services and the company is not a transportation provider. The software and the application are intended to be used to for facilitating the second party (as a transportation provider) or Sawarima Captain to provide transportation services to Sawarima Users. The first party or the company is not responsible of liable for the acts and or omissions with regard to any services provided to the customers, and for any illegal action committed by the second party. The second party shall at all time, not claim or cause any person to misunderstand that the he/ she is the agent, employee or staff of the company and the services provided by the second party shall not be in anyway, deemed as services of the Company. The second party is forbidden from promoting competitor’s applications, giving out coupons and suggesting any other form of discounts to the Sawarima Users and Sawarima Captains.
4. Right to Refuse and Blacklist
Notwithstanding anything herein written, the first party or the Company may, at its sole and absolute discretion, blacklist the second party or the Sawarima Captain permanently or temporarily and reject second party request to use the Application and / or Service or any part thereof for such reasons as it deems fit, including but not limited to receiving complaints about Sawarima Captain from customers or employees of the Company about second party behavior or interaction with anyone whatsoever (including but not limited to Customers, Company’s employees, law enforcement, government authorities) or driving with a competence lower than reasonably expected or negotiating with Sawarima users for price, destination etc. other than provided in the application whilst using the Service.
5. Representation and Warranties
By using the Service, the second party or the Sawarima Captain expressly represent and warrant that he/ she is legally entitled to accept and agree to the Terms and Conditions and that he/she is at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, the second party or the Sawarima Captain represent and warrant that he or she has the right, authority and capacity to use the service and to abide by the Terms and Conditions.
The second party also confirm that all the information provided by him or her shall be true and accurate. The second party agree to provide this service for sole or personal use. The second party is responsible not to authorize others to use his or her identity or user status, and transfer his or her user account to any other person or entity. When using the Service, the second party or the Sawarima Captain agrees to comply with all applicable laws of the country. Besides, this the second party will also be bound by applicable laws, rules and regulations of the country of origin of the company where it is registered to the extent it is applicable and consistent with the laws and regulations of your local territorial jurisdiction in pursuant to the bilateral treaty, international business and commercial laws as formulated from time to time.
The second party or the Sawarima Captain may only access the Service using authorized and legal means. The second party is responsible to check and ensure that he or she has download the correct Software device. The first party or the Company is not liable if the Sawarima Captain do not have compatible handset or have downloaded the wrong version of the Software for handset. The first party or the Company reserves the right to terminate this Agreement in condition if the Sawarima Captain use the Service with an incompatible or unauthorized device or for purposes other than which the Application or Software is intended to be used.
By using the Service, the second party or the Sawarima Captain represent, warrant, undertake and agree that:
The Sawarima Captain possess a valid driver’s license and are authorized to operate a moto/car/jeep/delivery van/mini bus/ mini truck/ lorry/helicopter and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the jurisdiction in which the party use the Service;
The second party or the Sawarima Captain own, or have the legal right and authority to operate, the vehicle which he /she intend to use when accepting passengers or customers, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind as per government rules.
The second party ensures valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your motor vehicle/passenger vehicle and/or business insurance to cover any anticipated losses related to the operation of a moto/car/jeep/delivery van/mini bus/ mini truck/ lorry/helicopter /passenger delivery service;
The second party shall provide to the Company such information and identity documents, including but not limited to citizenship, bill book, pan card, third party insurance, photo and Driver’s Licenses, as reasonably requested by the Company;
The second party shall understand and acknowledge that the Company may take up to five (5) working days for all identity documents to be reflected in your account or for any payments cleared to or from your account.
The second party shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to personal injuries, death, total loss and property damages which is due to or is alleged to be a result of the passenger transport and/or delivery service howsoever operated;
The second party shall obey all local laws related to the operation of passenger transport and/or delivery services along with helicopter and will be solely responsible for any violations of such local laws;
The second party shall use the Service for lawful purposes;
The second party only use the Service for the purpose for which it is intended to be used;
The second party will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
The second party will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
The second party will not use the Service, Application and/or Software for purposes other than obtaining the Service;
The second party shall not contact the Customers for purposes other than the Service;
The second party or the Sawarima Captain will not impair the proper operation of the network;
The second party will not try to harm the Service, Application and/or the Software in any way whatsoever;
The second party will only use the Software and/or the Application for your own use and will not resell it to a third party;
The second party will keep secure and confidential your account password or any identification provided by the first party, which allows access to the Service;
The second party will provide the first party; with whatever proof of identity the company may reasonably request or require;
The second party also agrees to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update his/her information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. The second party agrees that the first party or the Company shall rely that the information as accurate, current and complete. The second party also acknowledge that if any information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
The second party will only use an access point or data account (AP) which you are authorized to use;
The second party shall not employ any means to defraud the Company or enrich himself or herself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing Sawarima Users;
The second party will not use the Service or any part thereof for carrying contraband items as may be listed publicly and updated by the company from time to time and if, in the event that display suspicious behavior, the second party will fully comply with the request of the first party service provider, 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;
The second party is aware that when responding to Sawarima users requests for transportation services, standard telecommunication charges will apply and which shall be solely borne by him or her.
The second party agree that the Service is provided on a reasonable effort basis;
The second party unconditionally agree to assume full responsibility and liability for all loss or damage suffered by himself/herself, the Sawarima Users, the Company, Merchant and/or any third party as a result of any breach of the Terms and Conditions by him or her.
6. LICENSE GRANT & RESTRICTIONS
The First party or the Company and its licensors, where applicable, grants the second party a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for his or her own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to the rider are reserved by the Company and its licensors.
Responsibilities of Rider
The Rider or second party shall not
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
- modify or make derivative works based on the Application and/or the Software;
- create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device that may cause financial loss to First party or the Company, in such cases First Party can take legal actions as per the law to recover the financial losses.
- reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software,
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, emulator or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software,
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights,
- remove any copyright, trademark or other proprietary rights notices contained in the Service.
- send spam or otherwise duplicative or unsolicited messages;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of the Sawarima user’s privacy rights;
- send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
- attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
- to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
Any fees which the Company may charge to the rider or Sawarima Captain for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times regardless of rider decision to terminate his or her usage, the company has the right to make decision so as to terminate or suspend the rider usage, disruption caused to the Service by the rider either planned, accidental or intentional, or any reason whatsoever.
The rider or the Sawarima Captain acknowledge that the total amount of fare paid to him/her by the passenger or customer includes the software usage fee, which he/she is collecting on behalf of the company. such software usage fee may be up to 100% of the fare stipulated for the service for each time the passenger or customer completes a ride, which shall be determined by the company, at its discretion, from time to time.
Each day, when the Service Fee Payable to the Company reaches a maximum threshold set by the company (“Service Fee Threshold”), the rider or the Sawarima Captain, on his/her own accord, deposit the Service Fee for the day in favor of the Company in such method, and to such person, as determined by the Company from time to time. The rider or Sawarima Captain understand that significance of this requirement and acknowledge that he or she may be blacklisted for failure to comply with the aforesaid requirement and that his or her ability to use the Service shall be barred until due compliance is made in this regard.
The first party or Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Sawarima users whereby these promotional offers shall accordingly be honored to the rider or Sawarima Captain. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
8. PAYMENT BY PASSENGER
The Sawarima users may choose to pay for the Service by cash and where available, by payment through Wallet in Sawarima app provided that in the event the payment is made via Sawarima Wallet, the Company shall reimburse to the rider the portion of the said payment that is due as per these Terms and Conditions.
Any complaints that the Sawarima Users shall have regarding the transportation provided by the rider or the Sawarima Captain shall be taken up by the Sawarima Users with rider directly.
The first party or the Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Passenger or Customer to be in breach of the Terms and Conditions between the Passenger or Customer and the Company. In such an event, the rider or Sawarima Captain shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to the rider.
The rider or sawarima captain agree that he/she will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations for the time being in force.
The rider or Sawarima Captain agrees that this Agreement shall be subject to existing prevailing laws of Nepal in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
a) Permanent account number (PAN): - The second party or Sawarima Captain shall obtain PAN certificate from concern authority.
b) Tax Deduction at source (TDS): - The first party or the company shall deduct 2.5% TDS before payment to the second party.
The rider or Sawarima Captain shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations of the company and its associated companies which are disclosed to him or her by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by the rider from the Company, or any of its affiliated companies, or created in the course of this Agreement. The rider or Sawarima Captain shall further ensure that he or she only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose except for providing services under this agreement. The rider shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
11. PERSONAL DATA PROTECTION
The rider or the Sawarima Captain agrees and consent to the Company using and processing Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about the rider, from which the riders are identifiable, including but not limited to his or her name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about rider which the rider has provided to the Company in registration forms, application forms or any other similar forms and/or any information that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of rider or Sawarima Captain Personal Data is voluntary. However, if the rider or the Sawarima Captain do not provide the Company his or her Personal Data, the rider request for the Application may be incomplete and the Company will not be able to process his or her Personal Data for the Purposes outlined below and may cause the Company to be unable to allow rider to use the Service.
The Company may use and process the rider Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
- To perform the Company’s obligations in respect of any contract entered with the rider
- To provide rider with any services pursuant to the Terms and Conditions herein;
- To process rider’s participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with rider regarding his or her attendance thereto;
- Process, manage or verify rider’s application for the Service pursuant to the Terms and Conditions herein;
- To validate and/or process payments pursuant to the Terms and Conditions herein;
- To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet your needs;
- To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
- To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
- To respond to questions, comments and feedback from riders
- To communicate with riders for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law;
- To send riders or Sawarima captain alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
- To notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
- To share riders Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with riders for any reasons whatsoever.
If the riders or Sawarima captain do not consent to the Company processing his or her Personal Data for any of the Purposes, the rider should kindly notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that riders have provided to us changes, for example, if the rider change his or her e- mail address, telephone number, payment details or if the rider wish to cancel his or her account, the riders should kindly update their details by sending their request to the support contact details as provided in the Application. The company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
By submitting information, the riders consent to the use of that information as set out in the form of submission and in this Agreement.
12. THIRD PARTY INTERACTIONS
During the Service tenure, the rider or Sawarima Captain enter into correspondence with, provide services to, or participate in promotions of third party providers, services through the Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the rider and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the rider and any such third- party. The Company provides the Service to the rider or Sawarima Captain pursuant to the Terms and Conditions. The rider also recognizes, however, that certain third party providers of transportation, or services may require rider agreement to additional or different terms and conditions prior to rider’s use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between the rider and the third party providers.
By agreeing to this Agreement for providing the Service, the rider or Sawarima captain agree that rider shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) the riders violation or breach of any term of this Terms and Conditions or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) the riders violation of any rights of any third party, including, but not limited to passengers of your vehicle or the vehicle that rider have control over, other motorists, and pedestrians, as a result of riders own interaction with any third party (c) the riders use (or misuse) of the Application and/or Software; and (d) the riders ownership, use or operation of a motor vehicle or passenger vehicle, including riders carriage of Passengers or Customers who have procured riders transportation services.
14.DISCLAIMER OF WARRANTIES
The first party or company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software. the company does not represent or warrant that (a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet the riders requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by riders through the application will meet their requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks or the vehicle used by the transportation provider. the service is provided to the rider strictly on an “as is” basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
The first party or company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the transportation services provided by the rider or Sawarima captain to Sawarima users through the use of the service, application and/or the software. The riders acknowledge and agree that the entire risk arising out of such use of the services remains solely and absolutely with him or her and they shall have no recourse whatsoever against the company.
15. INTERNET DELAYS
The service, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by rider being faulty, not connected, out of range, switched off or not functioning. the company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
16. LIMITATION OF LIABILITY
Any claims against the company by the rider shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from the rider in utilizing the service during the event giving rise to such claims. In no event shall the company and/or its licensors be liable to the rider or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury of any kind whatsoever including loss of life or limbs or serious harm of any kind whatsoever, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). the company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to the rider or to any person for whom the rider have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by the rider on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between rider and any customer, passenger or third party application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.
In any event, the company shall have no responsibility or liability whatsoever for any damages, injuries, losses of any kind whatsoever suffered by the customer or passenger, either directly or indirectly, because of the rider’s act or omission or lack of control over the vehicle or awareness of the road or any other cause that is attributable to you during the course of the service.
similarly, and in any event, the company shall not be held responsible or liable in any manner whatsoever for any damage, injuries, losses of any kind whatsoever suffered by the rider, either directly or indirectly, by the action or omission of a Sawarima users.
In no event whatsoever, shall the company be held responsible or liable, in any manner whatsoever, for criminal investigation by police or other law enforcement authorities, for rider’s actions or inactions nor the actions or inactions of a Sawarima users including but not limited to, for rider’s breach of his or her representations, warranties and acknowledgements made throughout this terms and conditions and specifically those representations and warranties made by riders.
18. Optional Insurance Premium
At the rider’s sole discretion, riders may opt to reap the benefits of the Company’s good relation with insurance companies and secure an optional insurance coverage against damages to his or her vehicle or injuries to himself or herself and others, at such premium and conditions as the Company offers from time to time. In the event that riders opt for such an option, the relevant insurance premium shall be forthwith paid to the Company by riders in addition to the aforesaid Service Fees for the use of the Company’s Software, Application and / or Service.
The first party shall not be liable for any mishaps if occurs in the rides made through application not limiting to traffic police congestion, accidents; even the first party do not guarantee on insurance of such drivers, clients of the vehicles. However, as per the insurance clause in case of death of such driver or in case of being disable due to such accidents the first party shall receive upto one Hundred thousand rupees through Beema Sansthan. The second party shall bear complete liability over such situations.
The second Party agrees to maintain all safety and security measures while providing service to the client.
The second party as a Sawarima Captain shall deposit Rs 50 initially signing as partner is refundable. The amount is used to settle the balance of second party when he or she perform a cash transaction. So, at least there must be min balance of Rs. 50 in their Sawarima wallet. No interest shall be added in such payment. The second party agrees to receive 90% with TDS deduction from total amount received reaming 10% amount shall be kept by the First party. The second party also agrees to pay applicable income taxes as per the provisions of local law.
20 Application for Sawarima Captain
The second party agrees to fill the form at Sawarima Captain app in order to become a Sawarima captain, join one training session to activate his or her account and download Sawarima captain app from Google play store or App in iOS and sign up using Name, email id, mobile number and password used to fill the form.
The Second Party agrees to abide by all rules and regulations set forth by the government of Nepal during this pandemic; Withstanding the article failure in compliance of such rules, regulation, directives, laws; Second Party shall be held completely liable as per the law of the land.
21. Breach of Terms and Conditions
In case of breach of the terms and conditions set forth by parties to this contract; in such a situation the First Party holds complete authority to take whatsoever necessary actions and shall be considered final.
22. Termination of Agreement
Parties to this contract may terminate this agreement in any given time by providing 3 warning telephone call 7 (Seven) days prior to the termination of agreement to second party.
The Company may give notice by means of a general notice on the Application, electronic mail to the rider’s email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to rider’s address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). The riders may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by the rider without the prior written approval of the Company but may be assigned without rider’s consent by the Company. Any purported assignment by rider in violation of this section shall be void.
This Agreement shall be governed by law of riders own country, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of riders own country.