Terms and Conditions

1. INTRODUCTION

This Terms and Condition(“Agreement”) shall be for the Users, Members, Partners, Entrepreneurs, Interns and for those who are seeking for Scholarship(“You”) associated with (“Espot Club”) of KTM Club Private Limited (“Company”).By using this Service (defined below), You agree that You have read, understood, accepted and agreed with the terms and conditions stated herein which shall constitute a legal arrangement between You and the Company (collectively referred to as “Parties”). If You do not agree to or fall within the terms and conditions of the Service and wish to discontinue using the Service, you shall do so.

You shall use the mobile and website application (“Application”) along with any associated software (“Software”) provided to You by the Company, the purpose of which shall be to facilitate the Service the Company provides. You hereby expressly acknowledge and agree to be bound by the terms and conditions, and any future amendments and additions to this Agreement as published from time to time.

2. SERVICES

2.1. The Company shall offer information, methods, skills and training, projects and platform for growth of Entrepreneurs through including different models and levels of participation but shall not intend to provide Entrepreneurs skills or services or act in any way as you intended Company shall have no responsibility or liability for any Entrepreneurs services or skills provided to You by other people or Company.

2.2. You hereby accept and acknowledge that this Business is operated based on a partnership, membership, participation, scholarship model and You are not an employee of the Company but you are participant or agent for growing your Entrepreneurship skills and supporting Company program Business. You shall exclusively and solely be responsible for any and all claims, judgments and/or liabilities resulting from any loss or damages by your misconduct breaching the Company terms and Conditions.

4. RIGHT TO REFUSAL AND BLACKLIST

Notwithstanding anything written herein, the Company may refuse your request to use the Company services and Application and/or Software and blacklist You permanently or temporarily upon evaluating your conduct including but not limited to:

  1. receiving complaints regularly about You from customers or employees of the Company about your behavior or interaction with anyone whatsoever;
  2. Working and personal interaction with a competence lower than reasonably expected;
  3. involving in activities including but not limited to bargaining or negotiation activities with the customers regarding price, products other than provided in the Application while using the Service;

 

5.DISCLAIMER

The Company does not provide or engage in employment services and the Company is not an employee recruitment agency.  The Application and/or Software provided to You by the Company shall be used for facilitation purposes only to assist in developing Entrepreneurs skill and shall be used for Company Services. The Company shall not be responsible or liable for the acts and/or omissions in regard to any service You provide to your customer or clients.

6. REPRESENTATION AND WARRANTIES

6.1. By using the Service, You expressly represent and warrant that You are legally entitled to accept and agree to the terms and conditions and that You are eighteen (18) years old and above. This Service shall not be made available to anyone who has not attained the said age or in incapable of entering into a contractual relationship for any reason whatsoever.

6.2. Your use of the Service is for your own sole, personal use. You hereby accept not to authorize others to use your identity or user status, and You may not assign or otherwise transfer or sell your user account to any other person or entity.

6.3. You may only access the Service using authorized and legal means. It shall be your responsibility to check and ensure that You download the correct Application and/or Software for your device. The Company shall not be held responsible or liable if You do not have a compatible handset or if You have downloaded the wrong version of the Application and/or Software for your handset. The Company shall have the right to refuse your request to use the Application/Software should You use it for any other purpose than mentioned herein.

7.By using the Service, you agree that:

  1. The provided information of You will be used when needed to fulfill any requirements.
  2. Necessary measures will be taken to ensure the safety of personal information and prevent any leakage or modification.
  3. You intend to use when accepting Company terms and policy and you are aware of fair use of the Company services.
  4. You shall provide your information and identity documents, including but not limited to National ID Card, Photos etc., as reasonably requested by the Company;
  5. You acknowledge and agree that the Company may take  few days to reflect the identity documents or payments cleared to or from your account.
  6. You shall only use the Service, Application and/or the Software for the purpose for which it is intended to be used and shall not be engaged using the Service, Application and/or Software for any fraudulent or unlawful acts;
  7. You shall not contact the customers for any other purposes than mentioned in this Agreement;
  8. You shall not or shall not cause to try to harm the Service, Application and/or Software in any way whatsoever;
  9. You shall keep secure and confidential any account password or identification provided to You by the Company;
  10. You shall provide correct and reasonable information to the Company with whatever proof which may be reasonably requested;
  11. You shall update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You hereby accept that if your information is untrue or incomplete in any manner, the Company has the right to terminate this Agreement and your use of the Service, Application and/or Software at any time with or without notice;
  12. You shall not use the Service for conducting any kind of illegal action or act against the prevailing laws of Nepal from to time and if, in the event that You display suspicious behavior, Company will not bear any kind of civil and criminal liability causing from such action;
  13. You agree that the Service is provided on a reasonable effort basis;
  14. You agree that this agreement cannot be terminated for term one year from the date of execution of this agreement.
  15. You agree that you have choice to convert the membership or Entrepreneurship to Scholarship schemes into other respective schemes as provided by the Company.
  16. You agree to accept the changes in the policies of the company.

 

8. LICENSE

The Company and its license or hereby grant You a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or Software, solely for your own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to You are reserved by the Company and its licensors.

 

 

9.INTELLECTUAL PROPERTY RIGHTS

9.1. All patent, trademark, copyright, trade secret, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries thereof and other intellectual property rights (the “Proprietary Rights”) which You (either alone or in conjunction with others) conceived, made, obtained or developed during the term of your service with the Company (whether during or outside of working hours), and relate in any way to the Company's business is the sole property of the Company and shall be considered a work made for hire and be owned by the Company to the maximum extent permitted by applicable law.

9.2. You shall ensure that the Proprietary Rights conceived, made, obtained or developed by You during the course of your service shall be original and shall not infringe the rights of the third party.

 

10. PAYMENT TO COMPANY

10.1. Any fees which the Company may charge You for the Service (hereafter referred to as “Service Fee or Membership Fee, Participation Fee” , are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless any reason whatsoever. Additional 13 % VAT shall be applicable to the Service Fee.

10.2. You hereby acknowledge that the total amount of charge paid to You by the customer includes the Software usage fee which You shall be collecting on behalf of the Company.

10.3. The Company may determine or change the Service Fee as the Company deems necessary or appropriate for the business.

10.4. The Parties may choose to pay the agreed price for the Service by cash or by any other payment including E- payment service available in Nepal. The Company shall reimburse to You the portion of the payment that is due to You as per the credit payment.

10.5. The Company shall have 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 if there exist reasonable grounds to believe that such payment is being done in violation of the terms and conditions of this Agreement.

 

 

11. CONFIDENTIALITY

11.1. 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 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 created in the course of this Agreement.

12. INDEMNIFICATION

You shall indemnify and hold harmless the Company from and against any and all losses, liabilities, costs (including legal and repair costs, experts’ and consultants’ fees), charges, expenses, actions, proceedings, claims and demands may at any time and from time to time sustain, incur or suffer by reason of any damage.

13. DELAYS

The Company shall not be responsible for the loss incurred by You due to delay in the service, Application and/or Software and other problems inherent in the use of the internet and electronic communications including the device used by You being faulty or out of reach.

14. NOTICE

The Company shall give notice by means of a general notice on the Application, or to your email address or by phone calls in the record of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. You may give notice to the Company by phone calls or letter sent by courier or registered mail to the Company using the contact details as provided in the Application/website of ESPOT Club.

15. ASSIGNMENT

This Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by You without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by You in violation of this section shall be void.

 

 

 

16. AMENDMENT

The Company shall reserve the right to modify, vary or change the terms and conditions of this Agreement and/or its policies relating to the Service at any time as it may deem fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon publication by the Company. You agree that it shall be your responsibility to review this Agreement to look for such modifications, variations or changes. The failure to do so shall still constitute your consent and acceptance to such changes.

 

 

17.JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION

 

The obligations, performance, interpretation and contents of this Agreement shall be governed by laws of Nepal. Each Party irrevocably and unconditionally submits to the jurisdiction of the competent courts of Nepal. In case of any dispute(s) arises in course of execution of this Agreement, the Parties shall settle such dispute(s) amicably and if such dispute is not settled by amicable means within thirty (30) days of the notice of such dispute by the other party, the Parties agree to submit the dispute(s) to the jurisdiction of the competent courts of Nepal.

 

18. TAXES

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs as may be in force and in connection with any future taxes that may be introduced at any point of time.

I hereby agree and accept the terms and conditions of this Agreement.