By using this JumJum mobile application and registering by opening an account in this application, a contract with the following terms and assumed to have been made between Nepal Mobility Solutions Pvt. Ltd., registered office in Lalitpur District, Lalitpur Metropolitan City, Ward No. 02, Pulchok, established in accordance with the laws of Nepal. Ltd. (hereinafter referred to as “the Company”) And you “Driver”, who provides transportation services to other customers using this application.
Regarding the contract between the driver and the company, the driver must comply with the company's purpose, vision, rules, and protect the privacy of the company and customers, and abide by the following conditions under the prevailing Nepalese law. Taking into account the mutual cooperation, commitment, institutional and other important aspects, both parties have agreed on the following points.
Subject to the terms and conditions set forth in this Agreement, the Company shall provide the Driver with a non-transferable license to use its Mobile Application throughout the term of this Agreement. The driver will be able to use the application to contact the customers of the application and to track charges. There shall be no rights other than those expressly granted in this Agreement.
In order to join the company under this agreement, the driver must provide personal information to the company through the application. As mentioned in the application, the driver has to sign up in the company's official application using the personal details provided by the driver (such as name, e-mail, address, mobile number, etc.). Also, the driver will have to provide the company with legal documents such as (certificate of citizenship, driver's license, etc.). The driver will have to update the company's application as soon as his personal details are modified. The updated information will be kept by the company in its system. Once the driver joins the company, he/she has to shoulder the responsibility and fully follow the company's policies and rules, as well as follow the instructions given by the company from time to time in writing or verbally or through the application.
The driver who joins the company under this agreement must fully comply with confidentiality. The driver cannot misuse the personal details and data coming into the company's application, keeping in mind the personal freedom, the driver has to observe complete confidentiality. As soon as the driver complies with the privacy terms mentioned in this agreement, the company must also comply with the privacy rules and instructions issued by the company through all means of providing information, including the application, and the policies implemented by the company. Also, the personal details provided by the driver in the company will be kept safe according to the prevailing laws of Nepal.
The driver is not allowed to do the following:
To misuse customer information
Threaten or abuse or otherwise harass customers
To contact the customer once the ride has been completed
Ask the customer about personal information or any other private conversations. To commit any kind of sexual harassment and sexual violence.
To ask customers for more than the amount mentioned in the application.
Close the application and make offline rides as a driver affiliated with this company.
Acts prohibited by the prevailing laws of Nepal.
To transfer the license to use the Application and any other rights granted under this Agreement to any third party.
To be eligible for sponsorship under this agreement, the driver has obtained a license in accordance with the prevailing laws of Nepal. If the driver's license is canceled for any reason or expires due to renewal, the company must be notified in writing immediately. Within 7 (seven) days of receiving the said notice, the company may cancel the contract through a written notice.
The driver has completed at least 1 year of probation after obtaining a license.
The company will provide various promotions for customers and drivers from time to time. Such promotion will be related to the application.
The company will apply such promotion to achieve specific objectives. The driver aims to promote such promotions If it is applied for the purpose, it can be used only for the purpose. Any promotions may not be misused or duplicated or sold by the driver. The driver cannot make any changes in the official mobile application issued by the company. The company will have full control over the application issued by the company. The driver may not transfer his account to another person. If it is known that any kind of manipulation and replacement has been done in the application, such an account of the driver will be closed or canceled without prior notice.
Rate and distance estimates will be maintained according to the company's internal regulations. The driver will not be allowed to express any dispute or dissatisfaction with the company regarding the rate and distance. Also, the rate and distance set by the company can be changed at any time without informing the driver.
The driver must inform the company as soon as he finds out that his account has been used or hacked by others. The company will deactivate the hacked account and the company will make suitable arrangements for such a driver. After the driver logs into the application by turning on the GPS of his mobile, the company will provide such information to the customer through the application.
In order to cancel the voluntary account, the driver must inform the company of such a proposal. The company will cancel the account of such a driver within one month of receiving such notification.
The driver shall have to pay a rate as specified in the application from the total service fee to the company for availing the service using the company's application. The tax payable by the driver to the government will be deducted from the said service fee.
The company will pay the amount to the driver's bank account. The amount will be deposited based on the account number given by the driver for payment. The company will not be responsible if the given bank account number is different.
If the customer ends the ride, after the customer pays the amount mentioned in the application in cash to the driver, the driver will have to pay the same amount to the company at the end of each day.
All patents, trademarks, designs, copyrights and other intellectual property related to the performance of the Company's work collected, acquired, developed or created by the Driver alone or in conjunction with anyone else, within or outside the Service Period shall remain the Company's full ownership.
The company will insure against any accident that may occur while using the application while complying with all the conditions and notices mentioned in this agreement and the application. The right to select the plan for such insurance facilities shall remain with the Company. However, the company will not bear the insurance and responsibility for the accident caused by not following the terms of this agreement or violating the traffic rules.
The driver bound by this contract must follow the prevailing vehicle rules and traffic rules of Nepal. The company will not be responsible for punishments and fines due to non-observance of traffic rules.
The driver himself has to arrange all the safety measures to be taken by the driver and to ensure a safe trip to the customer. The company will not be liable for any damage caused by not taking any road safety precautions. Also, the driver must participate fully in the road safety training called by the company from time to time.
The driver will not cause any damage to the company during the contract period. If the driver causes damage to the company, the company can recover the amount due to the damage from the driver.
If the driver does any act contrary to this agreement and causes damage to the company, or if he does any act contrary to clause 3, this agreement will be canceled automatically. The driver may also cancel this agreement by giving prior notice to the company.
If the Driver is unable to represent himself or herself under this Agreement, or if the Driver incurs any loss, damage, expenses, damages against the Company or its authorized representative, employee or agent due to the violation of the terms and conditions, all liability, compensation, expenses (including reasonable legal counsel's fees) related thereto shall be indemnified. The driver will have to take care of himself.
Both the parties, the company and the driver or drivers, freely sign this agreement and take one copy each, with the promise to fully comply with the terms and conditions contained in this agreement.
Any rights or obligations mentioned under this agreement cannot be transferred by the second party without the prior written consent of the first party.
The obligations, performance, interpretation and content of this agreement shall be in accordance with the laws of Nepal. If there is any dispute, it will be according to the Act and prevailing Nepalese law. Disputes arising in relation to this agreement will be tried to be resolved within 30 (thirty) days through mutual reconciliation by the parties to the agreement. If the problem cannot be resolved through mutual reconciliation within the mentioned time, the dispute related to this agreement will be submitted to the relevant court of Nepal.