Terms of use

“Smart Dai” is a trademark of “Smart Dai Limited”, a company incorporated under   The   Companies    Act,    2063(2006)    with    its    registered    office at Bhootkhel-3, Tokha , Kathmandu, Nepal.

These terms and conditions (“Terms”) govern the use of services made available on or through https://smartdai.com/ and/or Smart Dai mobile app (collectively, the

“Platform”, and together with the services made available on or through the Platform, the “Services”. These Terms also include our privacy policy.

Acceptance of terms

The Terms constitute a binding and enforceable legal contract between Smart Dai Limited (a company incorporated under the Companies Act, 2063 with its registered address at Bhootkhel-3, Tokha , Kathmandu, Nepal and its service provider (“we”, “us” or “our”) and you, a user of the Services, or any legal entity that books Services on behalf of customer (“you” or “user”). By using the services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.

This terms and conditions shall be binding upon the Parties, their successors, heirs and assigns and shall be enforced under the laws of Government of Nepal.

TERMS AND CONDITIONS:

Privacy Policy:

Before you continue using our website, we advise you to read our privacy policy   ( https://smartdai.com/pages/privacy-policy ) regarding our data collection. It will help you to better understand our practices.

Age restriction

You must be at least 18(eighteen) years of age before you can use this Smart Dai Platform. By using this Platform, you warrant that you are at least 18 years of age

and you may legally adhere to this Agreement. Smart Dai assumes no responsibility for liabilities related to age misrepresentation.

User Accounts

As a user of this Smart Dai, you will be required to create an account on the Platform(“Account”) and provide certain details, including but not limited to your phone number. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are solely responsible for all activities that occur under your account or password. Customers and Service Providers are strictly prohibited to discuss about the confidential matter (like prices) that they had dealt with Smart Dai Limited.

You agree to receive communications from us regarding i. request for payments, ii. information about us and the services, iii. promotional offers and services from us and our third party partners, and iv. any other matter in relation to the services.

If you think there are any possible issues regarding the security of your account on the platform, inform us immediately so we may address them accordingly.

PRICING FEES AND PAYMENT TERMS

Smart Dai reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on via the Platform. Notwithstanding anything on the contrary, Smart Dai reserves the right to cancel the order without any further liability.

The Charges and Fees are payable at the time of making a booking through Smart Dai Platform. These charges and fees are final. Payment bills are issued by Smart Dai Limited.All charges and Fees are inclusive of applicable taxes.

USER CONSENT

Privacy and security of personal information are significant so we keep your private information secure and safe. We may use information and data pertaining to your use of the services for provision of the services, analytics, trend identification and purpose of statistics to further enhance the effectiveness and efficiency of our services, and provision of beneficial schemes, new offers and for experience enhancement.

Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection

with criminal or civil proceedings. YOu understand and agree that in such instances we shall have the rights to share such data with relevant agencies or bodies.

YOUR RESPONSIBILITY

You agree that you will be liable for discriminating against Service Providers or for any failure, intentional or otherwise, to provide the Service Providers a safe, clean and appropriate location for them to perform the Services. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Service Providers to perform the services or impact the services provider’s health, safety or well-being, to Smart Dai and the Service Providers.

You agree that in the event a Service Providers behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such an incident to the Smart Dai office at the earliest.

THIRD PARTY CONTENT AND SERVICES

Our Platform may contain hyperlinks to Websites operated by parties other than Smart Dai i.e. our Service Providers/third party services. Such links are provided for your references and we donot control such websites.You should understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy of completeness.

INTELLECTUAL PROPERTY/COPYRIGHTS

All rights, titles, and interest in, and to the services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable and limited license to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Smart Dai or Smart Dai Limited.

DISCLAIMER AND WARRANTIES

1. You agree and acknowledge that we are merely a Platform that connects you with Service Providers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms. We are

not liable or responsible for fulfillment of any bookings for the performance of the Services by any Service Providers, or for any acts or omissions of the Service Providers during their provision of the Services including any damage they may cause to property. By booking Services through the Platform, you are entering into a contract with the relevant Service Provider for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty, representation, or guarantee in respect of the Service Provider’s performance under the contract.

1. You agree and acknowledge that soliciting or receiving services from any service Providers independently is solely at your own right, and in such an event, you waive any rights that you may have under these Terms.
2. We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service Professionals.
3. You hereby accept full responsibility for any consequences that may arise from your use of the services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
4. Smart Dai will maintain a complaints management framework and will manage this framework on behalf of Service Professionals in a reasonable manner and in accordance with the non-excludable requirements of relevant applicable laws.
5. To the fullest extent permissible by law, we, our service providers and our related parties, each disclaim all liability for any loss or damage arising out of, or due to:

1. 1. your use of inability to use, or availability or unavailability of the Services;

1. 1. the occurrence of existence of any defect, interruption, or delays, in the operation of transmission of information to, from or through the Services, communications failure, theft, destruction, or unauthorized access to our records, programmes, services, servers or other infrastructure relating to the Service;

1. 1. the failure of the Services to remain operational for any period of time;and

the loss of any data in connection with your use of the Services.

1. In no event shall Smart Dai, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost revenues, or loss of anticipated profits or any other

pecuniary or non-pecuniary loss of damage of any nature whatsoever, including but not limited to any abuse of breach of data) even if Smart Dai or an authorized representative had been advised of the possibility of such damages, arising out of, or relating to these Terms.

1. To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made on the Platform.

INDEMNITY

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, Service Providers, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs(including, without limitation, all damage, liabilities, settlement, and attorney’s fees), due to or arising out of your access to the Services, use of the Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.

TERMINATION

This Terms and Conditions are effective unless and until terminated, either by you or by the Company. You may terminate this agreement at any time, provided that you discontinue any further use of the Platform.

You must not knowingly provide false, inaccurate, or misleading information in respect of the reviews. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove you from our platform.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.

OTHERS

The Terms are subject of revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform, You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.

We shall not be liable for any addition, modification, suspension, or discontinuation of the Services.

We shall have no liability to you if we are prevented from or delayed in performing our obligation, or from carrying on our business, by acts, events, omissions, or accident beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage or compliance with any law or governmental order, rule, regulation or direction.

SERVICE PROVIDERS CONDITIONS

1. You represent and warrant that all information that you provide in relation to the Services is complete, true and correct on the date of agreeing to these Terms and Shall continue to be complete, true and correct while you provide the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material or data provided to provide the service is incorrect, incomplete, inaccurate or misleading or if you fail to disclose any material fact.
2. You shall extend all cooperation to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
3. All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable and limited license to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by Smart Dai.
4. The Service Provider acknowledges that in the course of providing services to Smart Dai, they may have access to customer data and information. The Service Provider agrees to handle such data with utmost confidentiality and only for the purpose outlined in this Agreement. The Service Provider shall not misuse, disclose, or exploit any customer data and information for any illegal or unauthorized activities.
5. Both parties agree to comply with all applicable laws, regulations, and industry standards governing the provision of services and handling of customer

data. Any illegal activities conducted by the Service Provider shall result in immediate termination of this Agreement and shall be punishable as per the law.

1. This Agreement shall commence on the effective date and shall remain in full force and effect until terminated by either Party upon written notice. Notwithstanding the termination of this Agreement, the provisions regarding confidentiality, data protection, and indemnification shall survive.
2. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether oral or written, relation to such subject matter.
3. The Company shall take feedback from the customer about the Service Provider related to the quality of service provided and shall be degraded or delisted accordingly as per the feedback.(for eg. delay in service, last minute cancellation, poor hospitality, poor service…..)
4. Service Provider shall be responsible for any misconduct or damages occurred to the customer during the time of service.
5. Smart Dai reserves the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. Smart Dai shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.
6. Service Providers shall accept full responsibility for any consequences that may arise from their activity during their performance of service, and expressly agree and acknowledge that Smart Dai shall have absolutely no liability in this regard.
7. Smart Dai is merely a Platform that connects customers with Service Providers, and we shall not be liable in any manner for any obligations that have not been explicitly stated in these Terms.

PAYMENT CONDITION:

1. Service Provider shall not charge more than the rate fixed in between Smart Dai and service provider.
2. Payment shall be received by Smart Dai during the booking from customers on the platform and within 3 days of such payment Service Provider will get its fee after deduction of taxes and commission.
3. Invoices will be issued in the name of Smart Dai Limited.

1. We charge no commission for the first 6 months from the service provider after that we may charge 5 to 10% commision on the fee charged by the service provider.

CANCELLATION AND COMPENSATION:

1. Either party may cancel this agreement by providing a written notice of 35 days to the other party.
2. In case of mutual cancellation, the company shall compensate the Service Provider for any pending payments for services provided up to the date of cancellation.