Terms & Conditions

This Terms and Conditions (“Terms”) shall be for the users of this mobile application (“Users” or “You”) who have registered for receiving Service via this mobile application, JumJum (“JumJum”) owned and operated by Nepal Mobility Solutions Pvt. Ltd. (“Company”), a company established under the laws of Nepal. By accepting the services provided by JumJum to Users, 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 JumJum (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, please refrain from using our services. The Company reserves the right to modify, vary and change the Terms or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms or its policies relating to the Service shall be effective upon the posting of an updated version on the Application. You agree that it shall be your responsibility to review the Terms regularly whereupon the continued use f the Service after any such changes, whether or not reviewed by You, shall constitute your consent and acceptance to such changes. You shall use this JumJum mobile application (“Application”) along with any associated software (“Software”) provided to You by JumJum, the purpose of which shall be to facilitate the service JumJum provides. You hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and all the future amendments and additions to this Terms as published from time to time.

 

1. SERVICES:

JumJum offers Users the opportunity to use the Application which provides a platform that connects Users with drivers willing to provide such services. It enables them to arrange and schedule transportation with the drivers (“Drivers”), logistics and/or delivery services and/or to purchase certain goods, including with the third-party providers of such services and goods under agreement with the Company. The service (“Service”) offered by the Application includes:

  • Users can use the Application to request rides by providing their pickup and drop-off locations.
  • The Application uses technology to match Users with available Drivers based on the factors such as location, availability, and ride preferences.
  • The Application provides route information, estimated time of arrival, and fare estimates to Users to enhance transparency and convenience.
  • The Application facilitates the processing of payments for rides through secure payment methods.
  • Users can rate and provide feedback on their ride experience, which contributes to maintaining a quality Service.

 

2. SHARING OF INFORMATION:

  • In order to use the JumJum Services, You unconditionally and irrevocably grants JumJum an access to your name, address, contact information, location, date of birth, biometric information (including but not limited to fingerprint and facial recognition) and gender. You acknowledge and consent that JumJum may store and handle personal and other information and other information about your account on a computer or in another manner in connection with the JumJum Service, for the purposes of analysis and/or as required by the law.
  • When You register and create a User account with us using the Application we provide, You provide us with certain personal information (“Personal Information”), including your name , physical address, email address and your phone number. You will also need to provide us with information as to the type of Service you seek, and details as use of taxi and/or a motorcycle.
  • When You use the Application or visit our website, we may collect certain data concerning your usage such as internet protocol (IP) address, duration of every visit/session, the internet device identity (ID) and other device information including manufacturer, model and operating system of the device that you use to access the Application or our website.
  • When You use our Application or visit our website, we may also collect certain information on an automated basis using cookies. Cookies are small files of information that a web server generates and sends to a web browser. They are stored within a web browser for a predetermined period of time or for the length of a user’s session on a website. Other provisions in relation to the collection and use of your information shall be governed by the JumJum Privacy Policy.

 

3. DISCLAIMER OF LIABILITY:

  • JumJum acts solely as a technology platform that facilitates the connection between Users seeking transportation services and Drivers willing to provide such Services. The Application does not provide transportation services and does not employ or control Drivers. Therefore, JumJum shall not be held liable for the actions, omissions, or conduct of Drivers or Users.

  • Any agreement reached between User and Drivers is solely between the Parties involved, and JumJum shall not be held responsible for any disputes, claims, or damages arising from such agreements.

  • Users are responsible for their own safety while using the Application and engaging with Drivers. Users should verify the identity of the Driver and accuracy of vehicle details before entering the vehicle.

  • Drivers are responsible for providing safe and reliable transportation to Users and complying with all applicable laws and regulations.

  • If access to the JumJum Service is not available as requested due to factors such as but not limited to natural disasters, governmental restrictions, or any other event beyond the control of JumJum, JumJum shall under no circumstances be liable to You. Use of JumJum Service that is unethical or improper may subject You to financial penalties or result in suspension of JumJum Services.

  • JumJum further expressly disclaims any warranties or representations (express or implied) in respect of quality suitability, accuracy, reliability, completeness, timeliness, performance, safety, usability, fitness for a particular purpose, or legality of the transportation Services provided by.

 

4. LIMITATION OF LIABILITY:

  • Any claims against JumJum by You shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the service during the event giving rise to such claims. In no event shall JumJum and/or its licensors and/or its affiliates be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury of any kind whatsoever including loss of life or limbs or serious harm of any kind whatsoever, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). JumJum and/or its licensors and/or its affiliates shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, the application and/or the software, including but not limited to the use or inability to use the service, the application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, the application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.

  • JumJum does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including Driver, advertisers and/or sponsors and you expressly waive and release JumJum from any and all liability, claims or damages arising from or in any way related to the third party providers including the Drivers, advertisers and/or sponsors.

  • JumJum will not be a party to disputes, negotiations of disputes between you and such third party providers including the Drivers, advertisers and/or sponsors. JumJum cannot and will not play any role in managing payments between you and the third party providers, including the Drivers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, the software and/or the application (with all its implications) rests solely with and on you. You action, or damages arising from your use of the service, the software and/or the application, or in any way related to the third parties including the Drivers, advertisers and/or sponsors introduced to you by the service, the software and/or the application.

  • The quality of the third party transportation services scheduled through the use of the service is entirely the responsibility of the Drivers who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.

 

5. REPRESENTATION AND WARRANTIES:

  • 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 is incapable of entering into a contractual relationship for any reason whatsoever.

  • 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. JumJum 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 for your handset. JumJum shall have the right to refuse your request to use the Application should You use it for any other purpose than mentioned herein.

  • By using the Service, You agree that:

    1. You are legally entitled to accept and agree to the terms and conditions.

    2. You shall not or shall not cause to try to harm the Service, Application and/or Software in any way whatsoever.

    3. You have provided accurate, complete, and up-to-date information regarding your personal details, and contact information.

    4. You will not use the Application for any unauthorized, illegal, fraudulent, or harmful purpose. You will not engage in any unauthorized access, or similar activities.

    5. You will use the Application’s Services in compliance with all applicable laws, regulations, and requirements including those related to transportation, safety, and privacy.

    6. Any content You submit, post, or transmit through the Application, including comments, reviews, ratings, and feedback is accurate, true, and does not violate the rights of any third party.

    7. Your interaction with drivers and third-party businesses facilitated by the Application will be conducted in a respectful and lawful manner.

    8. You will take appropriate precautions to ensure your own safety while using the Application’s Services, including verifying driver details, and following safety guidelines.

    9. You will not engage in any form of harassment, misconduct, or disruptive behavior while using the Application’s Services.

    10. Your use of the Application Services and your User content do not infringe upon the rights of any third party, including intellectual property rights.

 

6. LICENSE:

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

 

7. CONFIDENTIALITY:

You shall maintain in confidence all information and data relating to JumJum, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of JumJum (whether orally or in writing and whether before, on or after the date of this Terms) or which are otherwise directly or indirectly acquired by you from JumJum, or any of its affiliated companies, or created in the course of this Terms. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without JumJum’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Terms.

 

8. INTELLECTUAL PROPERTY:

All content, materials, features, and functionality available on JumJum, including but not limited to software, text, graphics, logos, page headers, button icons, scripts and Service names, images, audio clips, video clips, data compilations and the overall design of the Application, are the intellectual property of JumJum or its licensors and are protected by copyright, trademark, and other intellectual property laws. The software, text, graphics, logos, page headers, button icons, scripts and Service names, images, audio clips, video clips, data compilations used in the Application are the trademarks or trade dress owned by the Company or any affiliate companies and may not be used in connection with any Service that does not belong to JumJum or in any manner that is likely to confuse customers, or in any manner that disparages or discredits JumJum. All other trademarks that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. All intellectual property, whether registered or unregistered, in the Application, information content on the Application and all the design, including, but not limited to text, graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain the property of JumJum. The entire contents of the Application are also protected by copyright as a collective work under Nepalese copyright laws and international conventions. All rights are reserved.

 

9. INDEMNITY:

All content, materials, features, and functionality available on JumJum, including but not limited to software, text, graphics, logos, page headers, button icons, scripts and Service names, images, audio clips, video clips, data compilations and the overall design of the Application, are the intellectual property of JumJum or its licensors and are protected by copyright, trademark, and other intellectual property laws. The software, text, graphics, logos, page headers, button icons, scripts and Service names, images, audio clips, video clips, data compilations used in the Application are the trademarks or trade dress owned by the Company or any affiliate companies and may not be used in connection with any Service that does not belong to JumJum or in any manner that is likely to confuse customers, or in any manner that disparages or discredits JumJum. All other trademarks that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. All intellectual property, whether registered or unregistered, in the Application, information content on the Application and all the design, including, but not limited to text, graphics, software, photos, videos, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain the property of JumJum. The entire contents of the Application are also protected by copyright as a collective work under Nepalese copyright laws and international conventions. All rights are reserved.

  • A violation of the Terms by You.

  • Any content You submit, post, or transmit through the Application, including but not limited to comments, reviews, rating and feedback.

  • Any breach of any covenant or obligation to be performed by You hereunder and

  • You agree to cover any costs, damages, and expenses, including but not limited to reasonable attorney’s fees and costs, incurred by or in relation to or originating from any such claim, suit, action, or process attributable to any such claim.

 

10. THIRD PARTY BUSINESS:

  • JumJum may provide links, integrations, or access to third party Services, products, or content that complement or enhance the ride sharing experience. These third-party businesses are independent entities and are not owned or controlled by JumJum.

  • JumJum may provide links, integrations, or access to third party Services, products, or content that complement or enhance the ride sharing experience. These third-party businesses are independent entities and are not owned or controlled by JumJum.

  • JumJum may provide links, integrations, or access to third party Services, products, or content that complement or enhance the ride sharing experience. These third-party businesses are independent entities and are not owned or controlled by JumJum.

 

11. TERMINATION:

  • Termination of User Account

    As a User of Ju Jum, You have the right to terminate your account voluntarily at any time using the account closure functionality provided within the Application. Upon termination, your access to the Service provided by the Application will be discontinued.

  • Termination by JumJum

    JumJum reserves the right to suspend or terminate your User account and access to the Application’s Services under the following circumstances:

    1. Breach of Terms: If You violate any terms, conditions, policies, or guidelines outlined in these Terms between You and JumJum.

    2. Illegal Activities: If You use the Application for unlawful purposes.

    3. Safety Concerns: If JumJum has reasonable grounds to believe that your use of the Application poses a safety risk to yourself, other users, or drivers.

    4. Misconduct: If you engage in disruptive behavior, harassment, or misconduct while using the Application.

    5. Fraud: If JumJum determines that your account has been involved in fraudulent activities or attempts to deceive the system.

    6. Abuse of Services: If you repeatedly misuse or abuse the Services provided by the Application.

  • Effect of Termination

    If your account is terminated by either party, You understand and agree that:

    1. Your access to the Application Services will be immediately revoked.

    2. JumJum shall not be liable to You or any third party for the termination of your account.

    3. Termination of your account does not absolve you of any liabilities, obligations, or commitments accrued prior to the termination.

  • Appeals and Disputes

    If your account is terminated by JumJum, You have the right to contact our customer service to discuss the reasons for termination and address any concerns You may have. JumJum will consider appeals on a case-by-case basis.

 

12. GENERAL CONDITIONS:

  • Governing Law: The JumJum App and these Terms will be governed by and interpreted in accordance with the laws of Nepal, and all disputes arising between the parties will subject to the exclusive jurisdiction of the Courts of Nepal.

  • Amendment: The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time it deems appropriate. Such modifications, variations and or change to the Terms and Conditions or its policies relating to the Service shall be effective upon the posting of an updated version at JumJum. The User shall be responsible for reviewing the updated Terms and Conditions on a regular basis, your moving forward on the use of the Service following any such changes, whether or not reviewed by You signifies your consent and acceptance to such changes.

  • Severability: If any provision of these Terms or any part thereof is found to be invalid, illegal, or unenforceable under any applicable law or regulation, it shall be modified to the minimum extent necessary to make it calid, legal and enforceable. If such modification is not possible, the relevant provision or part thereof shall be deemed deleted, and the rest of these terms and conditions shall remain in full force and effect. The invalidity, illegality, or unenforceability of any such provision or part thereof shall not affect the validity, legality, or enforceability of the remaining provisions or parts there of, which shall continue to be binding and enforceable to the fullest extent permitted by law.

  • Events Beyond Control: JumJum will not be held responsible for any delay or failure to comply with obligations under these conditions if the delay or failure arises from any situation which is beyond our reasonable control.

  • Waiver: You acknowledge and recognize that JumJum is a commercial enterprise and reserve the right to conduct business to achieve its objectives in a manner it deems fit. You also acknowledge that if You commit any breach the conditions stated on this Terms and JumJum takes no action, JumJum is still entitled to use its rights and remedies in any other situation where You commit any breach of these