Terms of Use

Terms

Posted: 29 September 2020
Effective Date: 29 September 2020

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

If you are using our Services on behalf of a third party, you hereby agree to these Terms on such third party's behalf, and you hereby confirm that you have authority to bind such third party by such agreement.

IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS AND THE OTHER POLICIES, AGREEMENTS AND DOCUMENTS REFERENCED HEREIN, YOU SHOULD NOT USE OUR SERVICES.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ASHA CONNECT at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Your Data

To use our Services you will need to create an account with ASHA CONNECT ("Your Account"). You acknowledge and agree that you are responsible for all activity occurring under Your Account. Should you choose to authorize, delegate or otherwise share control or access of Your Account with other individuals or organizations ("Your Delegates"), you assume full responsibility for the activity of Your Delegates. Your Delegates includes both web and mobile users of the Services. ASHA CONNECT is not responsible for, and assumes no liability resulting from, any use of Your Account or the Services, either by you or by Your Delegates.

Your Responsibilities

You are solely responsible and liable for your conduct and Your Data, which must comply with our Acceptable Use Policy. Please do not collect, copy, upload, download or share Your Data with ASHA CONNECT unless you have the right and authority to do so; any such unauthorized sharing of Your Data with ASHA CONNECT will be considered a violation of these Terms and may result in the termination of Your Account and any subscriptions for Services then in effect. We may review your conduct and Your Data for compliance with these Terms, but we have no obligation to do so.

You may use our Services only as permitted by applicable law, including export control laws and regulations.

Finally, by using our services, you represent to us that you and Your Delegates comply with the requirements of digital consent as per applicable law, as specified in the Privacy Policy. If you and Your Delegates do not meet these requirements, you may not use the Services.

Service Updates

From time to time, ASHA CONNECT may, in its sole discretion, add features or functions or provide bug fixes, patches, updates and upgrades to our Services, including its components, which may be provided automatically and without advance notice. If you do not want to receive such upgrades automatically, you may not use the Services.

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked "beta," "preview," "early access," or "evaluation" (or with words or phrases with similar meanings) (collectively, "Beta Services"), and may not be as reliable as ASHA CONNECT's other services, so please keep that in mind. Any Beta Services are not subject to any warranties or service level/uptime/downtime commitments that ASHA CONNECT may provide to you from time to time in connection with the Services.

Limitation Of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ASHA CONNECT'S OR ITS AFFILIATES' FRAUD OR GROSS NEGLIGENCE IN PROVIDING THE SERVICES. THIS PARAGRAPH DOES NO'T AFFECT CONSUMER RIGHTS THAT CAN NOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN NO EVENT WILL ASHA CONNECT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), REGARDLESS OF LEGAL THEORY, AND IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ASHA CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, ASHA CONNECT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ASHA CONNECT AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ASHA CONNECT'S AGGREGATE LIABILITY UNDER THESE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND ASHA CONNECT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ASHA CONNECT HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you violate these Terms or any other agreement between you and ASHA CONNECT (including the Acceptable Use Policy), as determined by ASHA CONNECT in its sole discretion,

(b) you use the Services in a manner that could cause risk of harm or loss to us or other ASHA CONNECT customers or users.

If you are engaged in any activities described above, we may be able to provide you with advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Data from our Services, but we cannot guarantee that we will provide such advance notice, as we may need to terminate your access to the Services immediately under certain circumstances (including those described below). If we are able to provide you with such advance notice and after delivery of such notice you fail to cease participating in such activities, we may terminate or suspend your access to the Services indefinitely.

For example, we will not provide you with advance notice prior to termination or suspension of your access to the Services where:

(a) you are in material breach of these Terms or any other agreement between you and ASHA CONNECT (except as required by any such other agreement),

(b) doing so could result in legal liability or compromise our ability to provide the Services to other users, or

(c) we are prohibited from doing so by law.

Upon termination for any reason, you agree to destroy all copies of the Software in your possession. Upon termination for any reason, we will use commercially reasonable efforts to make Your Data available to you for export for at least a two-week period following such termination. Upon your request, we will delete all data collected through your application from all servers within 30 days of receiving notice.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond ASHA CONNECT's control or to comply with a legal requirement. If we do so, we will make commercially reasonable efforts to give you prior notice so that you can export Your Data from our systems. If we discontinue Services in this way before the end of your Subscription Term you have paid us for, we will refund the portion of the fees you have pre-paid but have not received Services for.

Indemnification

You will indemnify, defend, and hold harmless ASHA CONNECT from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against ASHA CONNECT and its Affiliates regarding: (a) Your Data; (b) your use of the Services.

Controlling Law

To the fullest extent permitted by law, these Terms will be governed by the laws of Government of Nepal.

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