Privacy and Confidentiality
We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have an account on the Site and log on with your verified mobile number.
1. Data that we collect
We may collect various pieces of information if you seek to place an order for a product with us on the Site.
We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect personal information including, but not limited to, your full name, city, address, landmark area (if different), mobile number and more details.
We will use the information you provide to enable us to process your orders and to provide you with the services and information offered through our Site and which you request. Further, we will use the information you provide to administer your account with us; verify and carry out financial transactions in relation to payments you make; audit the downloading of data from our website; improve the layout and/or content of the pages of our Site and customize them for users; identify visitors on our website; carry out research on our users' demographics; send you information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have not objected to being contacted for these purposes. Subject to obtaining your consent we may contact you by email with details of other products and services. If you prefer not to receive any marketing communications from us, you can opt out at any time.
We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier). You must only submit to us the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
Your actual order details may be stored with us but for security reasons cannot be retrieved directly by us. However, you may access this information by logging into your account on the Site. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details ( for refund purposes) and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of Site unless this misuse is our fault.
2. Third Parties and Links
Terms of Service: Rider
Important – Read the service terms and conditions carefully. Using this Service, you agree that you have read, understood, accepted and agreed with the Terms and Conditions, and the conditions stated in the Driver’s Code of Conduct. Information - personal or others as provided on the platform are true and you further agree to the representations made by yourself below. If you do 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 you and Yopo Services Pvt. Ltd., referred to as the “Company”.
By using the mobile application provided to you by the Company namely ‘YOPO RIDER APP’, referred to as the “Application”, and downloading or installing, you 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 YOPO SUPER APP or through the Application.
The Company reserves the right to modify, vary or change the terms and conditions (T&C) 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 the Company. You agree that it shall be your responsibility to review this Agreement regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
Provided that, this ride sharing business is operated based on the freelancing model, the riders are not employees of the Company. Concerned individual parties, not the company, 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.
The Company, provides insurance coverage through authorize insurance party for all the rides, courier and deliveries. Insurance coverage for transit and pillion covers Medical Insurance up to 1 Insurance coverage are valid only when performed online.
Though the Company, provides platform for ride hailing, sharing, renting or even carpool, is not a transport provider. Platform serves all the digital framework for Rider (As a transportation provider) for as to serve the invaluable customer through the platform.
Right to Device Permissions
The Company may, at its sole discretion, allow users to fully access YOPO RIDER App, all its features to be fully functioning users also must allow app permissions, deemed necessary in various platforms, for companies customer safety
Users should allow app permission to take pictures and record video. Camera features of users device are needed to update their recent pictures, or record a video during rides to verify live trackings.
Users should allow app permission to enable in-app calls during the service hours performed by users to their contacts as free service to fully favor its user.
Users should allow app permission for platform to access location of device for live tracking and navigation, to benefit user/provide best user experience.
Users should allow this app permission so as to access gallery, media and files so as to upload vehicle documents.
Users should allow this app permission to perform and manage phone calls of their customer.
Right to refuse and blacklist
The Company may, at its sole discretion, blacklist you permanently or temporarily and reject the request to resume service through the platform or any part of roles assign to you for reasons as it deems fit.
Representation and warranties
By using the Service, you represent, warrant, undertake and agree that:
You possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service;
You own, or have the legal right and authority to operate, the vehicle which you 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;
You have a 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 taxi/passenger delivery service;
You shall forthwith provide to the Company such information and identity documents, including but not limited to National ID Card and Driver’s Licenses, as reasonably requested by the Company;
You 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;
You 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;
You shall obey all local laws related to the operation of passenger transport and/or delivery services and will be solely responsible for any violations of such local laws;
You will only use the Service for lawful purposes;
You will only use the Service for the purpose for which it is intended to be used;
You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
You shall not contact the Customers for purposes other than the Service;
You will not impair the proper operation of the network;
You will not try to harm the Service, Application and/or the Software in any way whatsoever;
You will only use the Software and/or the Application for your own use and will not resell it to a third party;
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
You will provide us with whatever proof of identity the company may reasonably request or require;
You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your 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;
You will only use an access point or data account (AP) which you are authorized to use;
You shall not employ any means to defraud the Company or enrich yourself, 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 passengers;
You will not use the Service or any part thereof for carrying contraband items as may be listed publicly and updated by the company from to time and if, in the event that you display suspicious behaviours, you will fully comply with the request of the third 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;
You are aware that when responding to Passengers’ or Customers’ requests for transportation services, standard telecommunication charges will apply and which shall be solely borne by you;
Before collecting goods from Company Mart merchants for delivery, you can commence an inspection of the exterior of the sealed package of the products in order to ensure that they are visibly fine.
You after collecting goods from a Company Mart Merchant, must sign a receipt stating that you have received the products in good conditions. Hence, any damage or defect caused to the product while they remain in your possession shall be your responsibility and must be compensated for personally by you.
You shall not impair or circumvent the proper operation of the network which the Service operates on;
You agree that the Service is provided on a reasonable effort basis;
You unconditionally agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Customers or Passengers, the Company, Merchant and/or any third party as a result of any breach of the Terms and Conditions by you.
PAYMENT BY PASSENGER
The Passenger or Customer may choose to pay for the Service by cash and where available, by pre-purchased credits (“Company Credits”) provided that in the event the payment is made vide Company Credits, the Company shall reimburse to you the portion of the said payment that is due to you as per these Terms and Conditions.
Any complaints that the Passenger or Customer shall have regarding the transportation provided by you shall be taken up by the Passenger or Customer with you directly.
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, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
You agree that you 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.
Payment Terms & Taxes
Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
You 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 you 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 you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you 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. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your 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). You 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.
Limitation & Liability
This Agreement shall be governed by law of Nepal, 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 the country.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other money paid to the Company in the course of performing your obligations under this Agreement.