Agreement between CityCargo and User

This Agreement is made between you and Upaya City Cargo Private Limited (“us”, “we”, “our”, “CityCargo”). It sets out the various 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 shall apply to your use.

UPAYA CITY CARGO PVT LIMITED, a private limited company incorporated under the laws of Nepal, having its registered office at Babarmahal (hereinafter referred to as the “CityCargo”), which expression shall, unless it is repugnant to context and meaning hereof, shall be deemed to include its Successors and assigns.

SERVICE PROFESSIONAL is the person who has obtained a valid license from the concerned government authority of Nepal to drive a goods vehicle and owns the vehicle himself/herself to provide goods transportation services as requested by the Client.

1. Services

1. 1.1. CityCargo will provide the Client with an internet-based platform to connect with an independent Service Professional to transport different types of household, official, or other goods using the vehicle of the Service Professional. Service Professional is the independent qualified driver with or without the loader and will provide transportation service to the Client independently.

2. Use of the Website and Services

1. 2.1. Except for the ones granted to you by this Agreement, you may not reproduce, modify, display, sell, or distribute the content or CityCargo Materials (legal or promotional documents, samples, forms, etc.), or use them in any other way for public or commercial purpose without the expressed consent of CityCargo.
2.  2.2. Notwithstanding anything to the contrary contained under these terms and conditions, you are prohibited from copying or adapting the HTML code used to generate web pages on the sites, aggregating, copying, or duplicating in any manner any of the content or information available from CityCargo websites and CityCargo Materials.
3.  2.3. You shall not use the website for transmitting or receiving or permit any other person to transmit or receive any material that may violate any applicable laws or regulations, or that may contain any virus that may impair or harm CityCargo’s or any third party’s computer systems.
4.  2.4. CityCargo does not grant any license or authorization to use any of its trademarks logos or other intellectual property rights by making them available on the website.
5. 2.5. CityCargo connects you with independent Service Professionals and only acts as a facilitator between you and the Service Professional. Once you’ve proceeded with the work with the Service Professional, CityCargo shall not be held responsible for any differences or conflict of interests between you and the Service Professional or failure in the completion of the work.
6. 2.6. You acknowledge that CityCargo will not be a party to any other communications whatsoever between you and the Service Professional that do not concern CityCargo or are not related to the services stipulated in this agreement.
7. 2.7. You shall inform us upon the successful completion of service or termination of the agreement between you and the Service Professional and the reason for the termination.
8. 2.8 You shall ensure that your goods that will be transported by the Service Professional are legal and comply with the prevailing laws of Nepal, any consequence arising due to failure to comply with this provision shall be your sole responsibility.
9. 2.9. The service fee is provided based on the location defined by you and any changes in the actual delivery location/duration shall be charged extra.
10. 2.10. You shall be liable to cancellation charges in case you cancel your bookings.
11. 2.11. You shall confirm the successful completion of service by signing the confirmation form provided by the Service Professional.
12. 2.12. You shall not contact the Service Professional connected to you through CityCargo and acquire his/her service without going through CityCargo’s system and process. In case of such practice, CityCargo maintains the right to blacklist You and the Service Professional, and in no way will CityCargo be liable for any incidents that may occur.

3. Personal and Confidential Information

1. CityCargo shall not disclose any of the personal or confidential information related to the performance of service under this agreement to a third party unless otherwise agreed by you in advance and in written form or as required by the law or court order.
2. The personal and confidential information provided by you as part of acquiring our services shall only be disclosed to the Service Professional that you have selected and the employee/consultant/director of CityCargo on a need-to-know basis. Unless your consent is given, such confidential information shall not be disclosed to any other third parties. When you choose to terminate our services either due to completion of your work or for any other reasons, such information shall be kept as a part of our legal records.
3. Notwithstanding anything written hereinabove, the general information about you may be used for preparing a profile and advertisement.
4. CityCargo Citycargo reserves the right to contact us to inquire about service quality, support clients in their transactions, and promote our offerings.

4. Termination

1. CityCargo may terminate, suspend, or deny you access to the Website and/or Services immediately upon violation of any of the terms and conditions of this agreement or on other legal grounds without incurring any liability.
2. You understand that the responsibility of CityCargo is limited only to providing the Internet-based platform and CityCargo does not have any control over the services that you will be receiving from the Service Professional. Considering this fact, it is made clear that CityCargo will not be held liable for any loss or damage to your goods for whatsoever reason and you shall be required to forward and negotiate such claim with the Service Professional.

 5. Indemnification

1. 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 by the terms and conditions of this agreement.

 6. Force Majeure

1. None of the party shall be held liable to the other, for any loss or damage incurred by either party due to the circumstances or contingencies that are beyond the control; provided, however, that the party shall use its best efforts to resume its Services as soon as possible.

7. Notices

1. Any notices under this agreement, unless otherwise expressly stated, shall be given in writing by sending through e-mail or by text messages by either party to the other party’s address or contact details as informed by the parties.

8. No Waiver

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

9. Severability

1. If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable in any jurisdiction, such provision, or part thereof, shall be served from the remaining terms, conditions, and provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

10. Variation of Terms

1. The right to vary the provisions of this Agreement from time to time is reserved upon CityCargo. Any changes that are made shall either be notified to you via email or posted on the homepage of CityCargo websites and shall be deemed to have been accepted by you if you continue to use the website and services after one week from the date of transmission of the mail or posting in the home page.

 11. Law and Jurisdiction

1. This agreement shall be governed by the laws of Nepal and you hereby submit to the jurisdiction of Nepal courts