Last updated: November, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ankaek, Kathmandu, Nepal.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to aOk, accessible from https://www.actofkindness.app. 
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.

You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Website. Please read Our Privacy Policy carefully before using Our Service.

Privacy Policy 

The software respects the privacy of its service users. Please refer to the software’s Privacy Policy (located here: https://actofkindness.app/privacypolicy) which explains how we collect, use and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy. 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Use Restrictions 

Your permission to use the software is conditioned upon the following use restrictions and conduct restrictions:

You agree that you will not under any circumstances post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive use the service for any unlawful purpose or for the promotion of illegal activities. 

Attempt to, or harass, abuse or harm another person or group.  

Use another user’s account without permission. 

Provide false or inaccurate information when registering an account. 

Interfere or attempt to interfere with the proper functioning of the software. 

Make any automated use of the system or take any action that deemed to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure. 

Bypass any robot exclusion headers or other measures we take restrict access to the service or use any software, technology, or device to scarp, spider, or crawl the service or harvest or manipulate data or publish or link to malicious content intended to damage or disrupt another user’s browser or computer. 

Posting and Conduct Restrictions 

When you create your personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the software. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The software, however, reserves the right to remove any User Content from the service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the service, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or while using your account. 

You will not post information that is malicious, false or inaccurate. 

You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Services, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through use of the service is solely your responsibility. 

The software is not responsible for any public display or misuse of your User Content. The software does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. 

Governing Law and jurisdiction 

The agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to laws of Nepal and is within the jurisdiction of Nepal, without regard to choose or conflicts of law principles. If there are any act which are contradictory to the terms of use provided herein, they can be claimed under the concerned legislations (The Electronic Transaction Act, 2063, The Copyright Act, 2002, The Patent Design and Trademark Act, 1965, The Privacy Act, 2018). 

Copyright Complaints and Copyright Agent 

(a) Termination of Repeat Infringer Accounts: The software respects the intellectual property rights of others and requests that the users do the same. The software may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permission. 

(b) DMCA Take-Down Notices: If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the software’s designated copyright agent to: email:[email protected]. The date of your notification; A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices: If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above: Your physical or electronic signature; A description of the content that has been removed and the location at which the content appeared before it was removed; A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Nepal and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the software copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the software’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

License Grant 

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in

Your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

Intellectual Property 

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

Online Content Disclaimer 

Opinions, advice, statements, offers, or other information or content made available through the service, but not directly from the software, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The software does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither does the software adopt nor endorse, nor is the software responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the software. The software takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will the software be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users. Though the software strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The software reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] The software shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of mis

Warranty Disclaimer 

use of our Service, contact us Email: [email protected] THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SOFTWARE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOFTWARE BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM

(A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;

(B) YOUR USE OR INABILITY TO USE THE SERVICE;

(C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR

(D) ANY OTHER INTERACTIONS WITH THE SOFTWARE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Changes/Modification to these Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Disputes Resolution

If you have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website https://www.actofkindness.app.

By email: [email protected].