01Agreement between CityCargo and User

This Agreement is made between you and Upaya City Cargo Private Limited (“us”, “we”, “our”, “CityCargo”). It sets out the terms under which CityCargo offers you its services. By using any of the services and/or the website, you agree that you have read and accepted these terms and conditions, and that they apply to your use.

UPAYA CITY CARGO PVT LIMITED, a private limited company incorporated under the laws of Nepal, with its registered office at Babarmahal (“CityCargo”), an expression which shall be deemed to include its successors and assigns.

Service Professional is a person who has obtained a valid licence from the concerned government authority of Nepal to drive a goods vehicle, and who owns the vehicle themself, to provide goods transportation services as requested by the Client.

02Services

1.1. CityCargo will provide the Client with an internet-based platform to connect with an independent Service Professional, to transport household, official, or other goods using the Service Professional’s vehicle. The Service Professional is an independent, qualified driver — with or without a loader — and provides transportation services to the Client independently.

03Use of the website and services

1. 2.1Except as granted to you by this Agreement, you may not reproduce, modify, display, sell or distribute CityCargo’s content or materials (legal or promotional documents, samples, forms, etc.), or use them for any public or commercial purpose, without CityCargo’s express consent.
2. 2.2You are prohibited from copying or adapting the HTML code used to generate our web pages, or aggregating, copying or duplicating in any manner any content or information available from CityCargo’s websites and materials.
3. 2.3You shall not use the website to transmit, receive, or permit any other person to transmit or receive, material that may violate applicable laws or regulations, or that may contain a virus that could impair or harm CityCargo’s or a third party’s computer systems.
4. 2.4CityCargo does not grant any licence or authorization to use its trademarks, logos, or other intellectual property by making them available on the website.
5. 2.5CityCargo connects you with independent Service Professionals and acts only as a facilitator between you and them. Once you proceed with work with a Service Professional, CityCargo is not responsible for any dispute between you or for failure to complete the work.
6. 2.6CityCargo will not be a party to any other communications between you and the Service Professional that do not concern CityCargo or relate to the services in this agreement.
7. 2.7You shall inform us upon successful completion of a service, or termination of the agreement with a Service Professional, and the reason for termination.
8. 2.8You shall ensure the goods transported by the Service Professional are legal and comply with the laws of Nepal; any consequence of failing to comply is your sole responsibility.
9. 2.9The service fee is based on the location you define; changes in the actual delivery location or duration are charged extra.
10. 2.10You are liable for cancellation charges if you cancel your booking.
11. 2.11You shall confirm successful completion of the service by signing the confirmation form provided by the Service Professional.
12. 2.12You shall not contact a Service Professional connected to you through CityCargo, or acquire their service, outside CityCargo’s system and process. CityCargo may blacklist you and the Service Professional for such practice, and will not be liable for any resulting incidents.

04Personal and confidential information

CityCargo shall not disclose any personal or confidential information related to the performance of service under this agreement to a third party, unless you agree in advance and in writing, or as required by law or court order.

Personal and confidential information you provide as part of acquiring our services shall only be disclosed to the Service Professional you selected, and to CityCargo employees, consultants or directors on a need-to-know basis. Unless your consent is given, it shall not be disclosed to any other third party. When you terminate our services, such information is kept as part of our legal records.

General information about you may be used to prepare a profile and for advertisement. CityCargo reserves the right to contact you to inquire about service quality, support your transactions, and promote our offerings.

05Termination

CityCargo may terminate, suspend, or deny your access to the Website and/or Services immediately upon your violation of any term of this agreement, or on other legal grounds, without incurring liability.

CityCargo’s responsibility is limited to providing the internet-based platform; CityCargo does not control the services you receive from the Service Professional. CityCargo will not be liable for any loss or damage to your goods for any reason, and you will need to forward and negotiate such claims with the Service Professional directly.

06Indemnification

You agree to indemnify, defend and protect CityCargo from and against all lawsuits and costs of every kind incurred as a result of your failure to act in accordance with the terms and conditions of this agreement.

07Force majeure

Neither party shall be held liable to the other for loss or damage incurred due to circumstances or contingencies beyond its control; provided that the affected party uses its best efforts to resume its services as soon as possible.

08Notices

Any notice under this agreement, unless expressly stated otherwise, shall be given in writing, by email or text message, to the other party’s address or contact details as informed by the parties.

09No waiver

Failure or neglect by either party to exercise any right conferred by this agreement shall not be deemed a waiver of that right.

10Severability

If any provision of this Agreement is found invalid, unlawful or unenforceable in any jurisdiction, that provision (or part of it) shall be severed from the remaining terms and provisions, which continue to be valid and enforceable to the fullest extent permitted by law.

11Variation of terms

CityCargo reserves the right to vary the provisions of this Agreement from time to time. Changes will be notified to you by email, or posted on the CityCargo homepage, and are deemed accepted if you continue to use the website and services one week after the date the notice is sent or posted.

12Law and jurisdiction

This agreement is governed by the laws of Nepal, and you submit to the jurisdiction of the courts of Nepal.