USAGE TERMS AND CONDITIONS
These terms and conditions of utilization (referred to hereafter as the "Usage Terms") delineate and regulate the User's engagement with the content and services provided by Exam Mate Pvt. Ltd. via www.askme.global (hereinafter referred to as "We," "Askme," "us," "our," "askme application," or the "Website").
UPDATES
The Website reserves the right to periodically update, amend, or modify these Usage Terms. Users are responsible for regularly checking the Usage Terms to ensure ongoing compliance.
USER AGREEMENT
By accessing and utilizing the Website, you ("Member," "You," "Your") express your understanding of these terms and unconditionally and expressly consent to the Usage Terms. If you do not agree with the Usage Terms, please refrain from clicking the "I AGREE" button. It is recommended to carefully read the Usage Terms before using or registering on the Website or accessing any materials, information, or services through it. Your continued use of the Website, regardless of subsequent amendments, signifies your acceptance and legal commitment to these Usage Terms.
OVERVIEW
The Website is an online platform accessible through the World Wide Web, applications, and other electronic media, offering phone call, video call, and chat-based consultations. The Website provides both "Free Services" and "Paid Services" (collectively referred to as "Services"). To access these services, users must register as members on the portal. By registering on the website, a Member agrees to:
REGISTRATION AND ELIGIBILITY
Users affirm that they are over 18 years old and legally capable of entering into a binding contract under Nepal's Contract Act of 2056 (2000). The Website disclaims responsibility for any misuse by individuals, including minors, using its services.
To avail the services, users must register as members, providing up-to-date and accurate information on the sign-up form. Account creation requires a valid login ID, such as a phone number, email ID, or any other designated method. Users must ensure the accuracy and currency of the provided information. Using another user's account information is strictly prohibited. The Website reserves the right to suspend or terminate accounts with inaccurate, incomplete, or outdated information.
Users acknowledge the personal nature of their account and agree not to transfer it to others. Users are responsible for safeguarding password confidentiality and must promptly report any unauthorized use or security breaches. The Website is not liable for losses arising from a user's failure to maintain password secrecy.
Users are informed about the nature of services, whether provided by the Website or third parties, and acknowledge the Website's limited control over information disseminated to third parties.
Users understand and accept the vulnerability of transmitting personal data over the Internet, acknowledging the risks of misuse, hacking, theft, or fraud. The Website and Payment Service Providers disclaim control over such incidents.
The Website prohibits service usage under certain conditions, such as user residency in jurisdictions restricting service use, legal prohibitions, or creation of multiple accounts using various mobile numbers.
WEBSITE CONTENT
The Website and its linked individual websites are considered private property. Users must comply with these Usage Terms, refraining from posting or transmitting material that violates others' rights, is unlawful, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or objectionable. The Website reserves the right to suspend or terminate access for violations.
The Website reserves the right to terminate access, change features, or discontinue any aspect of the Website, including content, graphics, deals, and offers. The Website does not guarantee the accuracy of medical or any other advice provided and disclaims responsibility for untoward incidents post-service use.
ACCOUNT ACCESS
The Website has access to user accounts and information to ensure high-quality service and address customer needs effectively. Users consent to unconditional access by the Website, its employees, agents, and appointed personnel. The Privacy Policy outlines terms related to such access.
PRIVACY POLICY
Users express understanding and agreement with the Privacy Policy, confirming acceptance of terms and content, including updates displayed on the Website.
BREACH AND TERMINATION
The Website may modify, discontinue, or alter services, accounts, or registrations without notice. Violation of conditions in these Usage Terms can lead to immediate cancellation, termination, or initiation of legal action. The Website reserves the right to terminate services for various reasons, including inability to verify user data, actions posing legal liability, provision of false information, or violation of privacy policies.
REFUND
Refunds are not processed once the appointment request reaches the "processing" stage. Users assume the risk and liability for orders placed hastily. No refund is processed post-execution of an appointment request, except at the Website's discretion if canceled before one hour from the appointment time.
No refund is processed for technical delays during processing. The Website retains transaction charges, to-and-fro costs, and other applicable charges during refund processing.
Refund considerations include network issues, consultant response delays, or unwanted background disturbance during consultations. Refunds are credited to the user's Askme wallet.
Refunds are not given for lack of consultation accuracy. Askme disclaims responsibility for factual accuracy in consultations.
USER OBLIGATIONS
Users, including professional service providers and member customers, must not violate privacy policies, terms, or any defined Website terms. Users agree not to:
1. Post false, misleading, defamatory, harmful, or offensive content.
2. Upload content without the right to do so.
3. Infringe on intellectual property or other rights.
4. Gather user information for advertising, solicitation, spam, or other purposes.
5. Send unsolicited messages, spam, or chain letters.
6. Upload files containing viruses or similar software.
7. Interfere with Website access or attempt unauthorized access.
8. Violate applicable laws or regulations.
9. Resell content or make commercial use without consent.
10. Reverse engineer, modify, copy, distribute, or sell Website information.
The Website may issue warnings or, for repeated violations, ban users from transacting. In case of a ban, the user's wallet balance may be refunded, subject to applicable charges.
BANK ACCOUNT INFORMATION
Users must provide banking information as required. Obligations include:
1. Providing accurate debit/credit card details.
2. Ensuring lawful ownership and authorization for card use.
3. Confirming accuracy of card/bank details.
4. Ensuring sufficient credit for payment.
DISCLAIMER / LIMITATION OF LIABILITY / WARRANTY
The Website disclaims service warranties, stating that counseling is based on professional knowledge, experience, and interpretations, leading to potential variations. The Website and its affiliates make no warranties related to service effectiveness, accuracy, or uninterrupted use. Users download content at their own risk, and the Website disclaims liability for damages.
The Website is not liable for inaccuracies, errors, or delays in data transmission. Under no circumstances is the Website or its agents liable for direct, indirect, or consequential damages.
LEGAL COMPLIANCE
These Usage Terms comply with the laws of Nepal, where Askme is registered. Any disputes arising from these Usage Terms are subject to the jurisdiction of Nepalese courts.
INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless the Website, its affiliates, employees, consultants, and representatives from third-party claims, liability, damages, or expenses arising from breach of these Usage Terms, violation of applicable laws, or infringement of any third-party rights.
FORCE MAJEURE
The Website is not liable for failure or delay in service performance due to acts beyond control, such as acts of God, war, terrorism, earthquakes, accidents, strikes, governmental restrictions, or any other circumstances beyond reasonable control.
CONTACT INFORMATION
Questions or concerns about the Usage Terms can be directed to:
Exam Mate Pvt. Ltd.
Askme Global
Kathmandu, Nepal
Email: support@askme.global
By clicking the "I AGREE" button, users confirm understanding, acceptance, and agreement to the Usage Terms and Privacy Policy. If unwilling to comply, users must refrain from accessing the Website or utilizing its services.
CONTENT USAGE GUIDELINES
Restrictions on Content Child Protection
Our platform strictly prohibits the creation, uploading, or distribution of content that exploits or endangers children. Accounts engaging in such activities will be promptly deleted. This prohibition extends to any materials related to child sexual abuse. To report potentially exploitative content on the Askme platform involving a child, please use the reporting feature.
The use of Askme for endangering children is strictly forbidden. This includes actions such as promoting predatory behavior towards children, including:
1. Inappropriate interactions targeting a child (e.g., groping or caressing).
2. Child grooming, either online or offline, facilitating sexual contact or exchanging sexual imagery with a child.
3. Sexualization of a minor, including imagery that depicts, encourages, or promotes the sexual abuse of children.
4. Sextortion, involving threatening or blackmailing a child using their intimate images.
5. Trafficking of a child, such as advertising or soliciting a child for commercial sexual exploitation.
Immediate action will be taken upon identifying content containing child sexual abuse materials.
Additionally, content that appeals to children but contains adult themes is strictly prohibited, including:
1. Content with excessive violence, blood, and gore.
2. Content depicting or encouraging harmful and dangerous activities.
The platform also prohibits content that promotes negative body or self-image, including apps depicting plastic surgery, weight loss, or other cosmetic adjustments to a person's physical appearance.
Inappropriate Content
To maintain a safe and respectful platform, we have established standards to define and prohibit harmful or inappropriate content.
Sexual Content and Profanity
We do not allow accounts that contain or promote sexual content or profanity, including pornography or content intended to be sexually gratifying. Any content appearing to promote or solicit a sexual act in exchange for compensation is strictly prohibited. This includes content associated with sexually predatory behavior or the distribution of non-consensual sexual content.
Accounts containing content violating these policies may be deleted immediately.
Examples of common violations include:
1. Depictions of sexual nudity or suggestive poses.
2. Content depicting sex acts, sexual aids, or illegal sexual themes and fetishes.
3. Lewd or profane content, including explicit text or adult/sexual keywords.
4. Content promoting bestiality.
5. Content promoting sex-related entertainment, escort services, or other services interpreted as providing or soliciting sexual acts in exchange for compensation.
Content that degrades or objectifies people, including apps claiming to undress people or see-through clothing, is also prohibited.
Hate Speech
Users promoting violence or inciting hatred against individuals or groups based on various characteristics are not allowed. This includes content asserting that a protected group is inhuman or encouraging discrimination.
Examples of common violations include:
1. Content asserting that a protected group possesses negative characteristics.
2. Content encouraging hatred or discrimination against a protected group.
3. Promotion of hate symbols associated with hate groups.
Violence
Apps depicting or facilitating gratuitous violence or other dangerous activities are not allowed.
Examples of common violations include:
1. Graphic depictions or descriptions of realistic violence or violent threats.
2. Content promoting self-harm, suicide, eating disorders, or other dangerous acts.
Terrorist Content
Content related to terrorist organizations or promoting terrorist acts, inciting violence, or celebrating terrorist attacks is strictly prohibited.
Dangerous Organizations and Movements
Movements or organizations engaged in or prepared for violence against civilians are not permitted to publish content for any purpose.
Sensitive Events
Content that capitalizes on or is insensitive toward significant social, cultural, or political events is not allowed. This includes content lacking sensitivity regarding real person deaths or denying major tragic events.
Bullying and Harassment
Content containing or facilitating threats, harassment, or bullying is strictly prohibited.
Examples of common violations include:
1. Bullying victims of international or religious conflicts.
2. Content seeking to exploit others, including extortion or blackmail.
Dangerous Products
Facilitating the sale of explosives, firearms, ammunition, or certain accessories is not allowed. Additionally, providing instructions for the manufacture of such items is strictly prohibited. The sale of marijuana, tobacco, or psychotropic drugs is also not permitted.
Askme Services:
These Terms of Service apply to all users of Askme (Exam Mate Pvt. Ltd.). Information provided by users through the Askme Service may contain links to third-party websites not owned or controlled by Askme. Askme assumes no responsibility for the content, privacy policies, or practices of any third-party websites. Furthermore, Askme disclaims liability for any mistakes, defamation, omissions, obscenity, or profanity in third-party content on the Site or that of its users.
Errors, Corrections, and Right to Modify or Discontinue Service and Sites:
The Askme Site is not guaranteed to be error-free or free of harmful components. Askme may make changes to the features, functionality, or content of the Askme platform at any time. The right to edit or delete any documents, information, or content on the Site is reserved. Askme also reserves the right to modify or discontinue the Services and/or Sites, temporarily or permanently, with or without notice.
GOVERNING LAW AND JURISDICTION
Any dispute arising from or related to these Terms of Usage, including the scope or applicability of the terms, shall be resolved through arbitration in Nepal. The seat of arbitration shall be Kathmandu, conducted in accordance with the Arbitration and Conciliation Act, 2055. Both parties agree to submit to the exclusive jurisdiction of the courts of Nepal and venue in Kathmandu for any interim or preliminary relief proceedings.
If any provision of these Terms of Usage is found unenforceable or invalid, it shall be changed and interpreted to best accomplish its objectives within the limits of applicable law. The remainder of the Terms of Usage will continue in full force and effect. These Terms of Usage constitute the entire agreement between the parties, superseding all prior or contemporaneous agreements.