Kakaaki Application powered by Impact IT Pvt. Ltd. which develops and manages smart phone and tablet mobile applications and also provides related maintenance and support services. By requesting Impact IT Pvt. Ltd to supply such an application and/or service, you are entering into a contract with Impact IT Pvt. Ltd and agree to be bound by the following terms and conditions:
1.1 Unless & otherwise stated in these terms and conditions: (a) Impact means Impact IT Pvt. Ltd. Kathmandu, Nepal. (b) Mobile Application means Kakaaki Mobile Application developed and managed by Impact IT Pvt. Ltd. (c) Content means any data, information, document, diagram, proofs, statement or other material provided by you to Impact IT Pvt. Ltd and/or Kakaaki Mobile Application or posted, uploaded, published, submitted or transmitted via Kakaaki Mobile Application by you or by any users of that Mobile Application. (d) Early Termination Fee means the fee payable by you if the contract with you is terminated before any Minimum Term has expired. (e) We, us means Impact IT Pvt. Ltd
2.1 You Contract with us for the design, development and supply of Kakaaki Mobile Application and maintenance services as relevant to you. 2.2 You may request us to develop and supply Kakaaki Mobile Application and maintenance service to you in a manner accepted by us from time to time which may include completing and providing to us an application letter. If your application is in writing we may accept and rely on, and you will be bound by, a facsimile copy or an electronic copy (from you by email) as if it were an original.
3.1 The Kakaaki Mobile Application is currently available for download free of charge. The term Accept denotes the legal relationship between us. These terms are always available to you prior to download of Kakaaki Mobile Application. By downloading, installing and accessing Kakaaki Mobile Application, you are expressing your willingness to be bound by the terms and conditions. 3.2 We will provide you with the Kakaaki Mobile Application or the Maintenance Services nominated, or reasonably assumed to be nominated by you in your Application and other services we may agree in writing to provide to you from time to time on these terms and conditions. 3.3 We reserve the right to amend these terms and conditions from time to time and without advance notice. Any amendments made to these terms and conditions will become effective from the date of their publication on the Kakaaki website. By continuing to use Kakaaki Mobile Application after we have published an amendment to these terms and conditions on the Kakaaki website, you are indicating that you agree to be bound by the amended terms and conditions. 3.4 We will be the sole publisher of your Kakaaki Mobile Application with and you may not use your or any other’s account to publish Kakaaki Mobile Application with any such Provider.
4.1 We may offer a free trial during which you may use Kakaaki Mobile Application for the agreed time. You will receive a notice from us that your free trial has ended and you will then have the option to continue to use the Kakaaki Mobile Application on the basis that you pay the charge for its development together with ongoing fee. 4.2 If we have provided notice to you that your free trial has ended, and you do not chose to continue to use the Kakaaki Mobile Application, you understand and agree that we may immediately delete its Content without further notice.
5.1 Other than where we have offered a free trial, payment for the conduction and development of Kakaaki Mobile Application is strictly within 7 days of our receipt of signing the agreement/contract paper between us. We shall provide you with an invoice for the agreed charge upon receipt of such approval. 5.2 The Payment service is billed in advance on a yearly basis and is non-refundable. There will be no refunds for partial months of service. 5.3 All fees and charges are due and payable by the due date shown on our invoice (“Due Date”). Payment must be made by the Due Date in full by direct debit. 5.4 If an invoice is paid by direct debit from your bank account and that direct debit is dishonored, cancelled or otherwise fails, you may be liable for a charge which will be added to your invoice. 5.5 If you do not pay to us any part of the fees or charges by the due date on any invoice, we may impose a late payment charge. 5.6 If we incur costs in recovering overdue amounts from you, including agents’ costs, costs incurred in commencing legal action such as service fees and search fees, we may recover these amounts from you in addition to the overdue amounts. 5.7 You must pay all charges without any set off, counter claim or deduction. We may set off any amount payable to you against any amount payable by you to us.
6.1 You will ensure that you comply at all times with all laws and obligations, including license conditions, applicable to Kakaaki Mobile Application supplied to you by us and to the use of such an Application. 6.2 You are liable to us for all fees and charges in relation to Kakaaki Mobile Application or Maintenance Services supplied to you by us whether or not you authorized the use of any such Mobile Application or any and all components of that Mobile Application. 6.3 If you change your address, phone number or other billing contact details, you must notify us before the end of your billing period. 6.4 You must not use Kakaaki Mobile Application supplied to you by us or any and all components of Mobile Application in such a manner that may: (a) Menace or harass any person or intentionally cause damage or injury to any person or property or incite hatred against any person; (b) Expose us or you to the risk of any legal or administrative action including prosecution under any law or which would bring either of us into disrepute; (c) Involve the publication of material that is illegal or defamatory or which may promote others to engage in such acts; (d) Infringe any person’s intellectual property, personal or other rights; or (e) Be unlawful. 6.5 You must not post, upload, publish, submit or transmit any Content that: (a) Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) Is fraudulent, false, misleading or deceptive, defamatory, obscene, pornographic, vulgar or offensive; (d) Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (e) Is violent or threatening or promotes violence or actions that are threatening to any person or entity or promotes illegal or harmful activities or substances. 6.6 You acknowledge that we have no obligation to monitor your use or the use of any person authorized by you of Kakaaki Mobile Application supplied by us to you, or to review or edit Content, but have the right to do so for the purpose of managing and maintaining Mobile Application, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 6.7 We reserve the right, at any time and without prior notice, to remove or disable access to any Content we determine in our sole discretion to be in violation of these terms and conditions or otherwise harmful to us. 6.8 You must not modify, adapt or hack Kakaaki Mobile Application whether supplied by us to you or otherwise or modify another mobile application so as to falsely imply that it is associated with us. 6.9 You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of Kakaaki Mobile Application supplied by us to you, use or access to such Mobile Application without our express written permission which may be withheld at our sole discretion. 6.10 You understand that the technical processing and transmission of Kakaaki Mobile Application supplied by us to you, including Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 6.11 You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages using Kakaaki Mobile Application. 6.12 You must not transmit any viruses or any code of a destructive nature using Kakaaki Mobile Application.
7.1 We may terminate our contract with you or suspend, limit or cancel the provision of Kakaaki Mobile Application by notice in writing to you if: (a) You fail to pay any amount due to us by the due date, we give you notice requiring payment of that amount and you fail to pay that amount in full within the specified number of days after we give you that notice; (b) You breach any material provision of these terms and conditions; (c) You are declared bankrupt, where we are of the reasonable belief that we are unlikely to receive amounts due and payable by you; (d) You cease receiving any service that we rely upon in providing Kakaaki Mobile Application through no fault of ours. (e) You are in breach of a license, permit or authorization relating to the use of Mobile Application supplied by us to you; (f) We reasonably suspect you of fraud or attempted fraud; (g) You change your address or phone number and you do not notify us in accordance. 7.2 We may, without liability, suspend, limit or terminate the agreement or contract by giving 30 days notice in writing to you. 7.3 You may terminate your contract with us by giving us 30 days notice in writing. 7.4 On termination of your contract with us, you must: (a) Pay all fees and charges incurred by you under these terms and conditions up to the time of termination which will become immediately due and owing upon termination; (b) Pay the applicable Early Termination Fee (if any). 7.5 We may, without liability, suspend the supply of Kakaaki Mobile Application for a reasonable period for operational reasons.
8.1 You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit any and all Content in any and all media now and in the future, for any purpose relating to the development of Kakaaki Mobile Application on your behalf and the maintenance of any such Application. 8.2 We do not claim any ownership rights in any Content and nothing in these terms and conditions will be deemed to restrict any rights that you may have to use and exploit any such Content. 8.3 We claim no intellectual rights over any Content. Your profile and materials uploaded by you remain yours. However, by using Kakaaki Mobile Application, you agree to allow others to view and share any such Content via that Mobile Application. 8.4 We reserve the right in our sole discretion to refuse or remove any Content that is available or published via Kakaaki Mobile Application.
9.1 You indemnify us and will keep us, indemnified against any loss, cost, expense, damage or other liability (including legal costs on a solicitor/client basis) arising out of: (a) Your breach of these terms and conditions; (b) Any claim or demand against us (including for negligence) by any person other than you, which arises from or is connected with our supply of Kakaaki Mobile Application to you; (c) The reproduction, broadcast, use, transmission, communication or making available of any material (including data and information of any sort) by you; or (d) Any breach of a person’s rights or defamation of a person (or allegation of such breach or defamation) involving the use of Kakaaki Mobile Application
10.1 We retain all intellectual property rights in any information relating to the supply of Kakaaki Mobile Application and any and all components of such Mobile Application other than Content, the design or operation of such Application and all components of such Application including technical information relating to the provision of such Application and all components of such Application (“Confidential Information”). 10.2 You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied. 10.3 On the termination of your contract with us for any reason, you will return any written Confidential Information and all copies of it to us. If you have destroyed these, or any of them, then you will give us a written declaration to that effect upon our demand. 10.4 You will keep confidential the manner in which we supply Kakaaki Mobile Applications or components thereof to you and/or arrange including our fees, charges and other financial information. 10.5 You will not use information which you acquire from us for any purpose unauthorized in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise. 10.6 Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the Kakaaki Mobile Application provided by us to you without our express written permission. 10.7 You and any person including data users use Kakaaki Mobile Applications at your sole risk. We expressly disclaim all warranties of any kind express or implied or statutory relating to the provision or use of Kakaaki Mobile Applications.
11.1 You must not assign, transfer or otherwise deal with any of your rights or obligations under these terms and conditions and your contract with us, except with our prior written consent. 11.2 We may upon giving you written notice, assign, transfer, sell or otherwise deal with our rights under these terms and conditions and your contract with us and your consent is not required.
12.1 This agreement or contract governed by the laws of Government of Nepal. 12.2 You warrant that you have provided full and accurate Personal Information to us in connection with these terms and conditions and you have full power and authority to enter into a contract with us. 12.3 These terms and conditions contain the whole understanding between us and supersede all prior arrangements and understandings between us in connection with your contract with us. 12.4 If a provision of these terms and conditions is void or voidable or unenforceable or the invalid part severed, the remainder of these terms and conditions will not be affected. 12.5 Any notice, demand, consent or other communication required to be given to either of us must be delivered personally or sent by prepaid mail, email or by facsimile to the address of the other last notified. 12.6 You acknowledge that you enter into your contract with us entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in these terms and conditions.