Terms of Service

1. Introduction and Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, accessing, or using the SubhYatra mobile application ("App") or any related services ("Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

1.2 About SubhYatra

SubhYatra is a ride-hailing technology platform operated by Sankat Mochan Sajilo Yatra Pvt. Ltd. (Registration No. 368115/81/82), a company registered under the laws of Nepal ("Company," "we," "us," or "our"), with technology development and intellectual property owned by Nexalaris Tech Pvt. Ltd. (Registration No. 354796/81/82). Our platform connects passengers seeking transportation services with independent driver-partners who provide such services.

1.3 Legal Compliance

These Terms are governed by and comply with:

• The Individual Privacy Act, 2075 (2018) of Nepal
• The Digital Privacy and Data Protection Act, 2082 (2025) of Nepal
• The Consumer Protection Act, 2075 (2018) of Nepal
• The Electronic Transaction Act, 2063 (2008) of Nepal
• The Motor Vehicles and Transport Management Act, 2049 (1993)
• Applicable provincial ride-hailing regulations

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Be legally capable of entering into binding contracts under Nepal law
• Not be prohibited from using the Services under applicable laws
• Possess a valid government-issued identification document

2.2 Account Creation

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must immediately notify us of any unauthorized access to your account
• One person may only maintain one active User account

2.3 Account Verification

We may require verification of your identity and contact information through:

• Email verification
• Phone number verification (when implemented)
• Government ID verification (for certain features)

3. Description of Services

3.1 Platform Services

SubhYatra provides a technology platform that:

• Connects passengers with independent driver-partners
• Facilitates ride booking and tracking
• Enables fare calculation and payment processing
• Provides communication between passengers and drivers

3.2 Transportation Services

• SubhYatra does not provide transportation services directly
• Transportation services are provided by independent driver-partners
• We act solely as an intermediary connecting passengers with drivers
• The contract for transportation is between the passenger and the driver

3.3 Service Types

We offer the following ride categories:

• City Rides: Within urban areas (Bike, Car Basic, Car Premium, SUV)
• Intercity Rides: Between cities (Car Basic, Car Premium, SUV)

3.4 Service Availability

• Services are currently available in Kathmandu Valley and select cities in Nepal
• Service availability may vary based on driver availability, weather, and other factors
• We do not guarantee availability of Services at all times

4. User Obligations and Conduct

4.1 General Obligations

Users agree to:

• Provide accurate information for all bookings
• Be present at the pickup location at the scheduled time
• Treat drivers with respect and courtesy
• Comply with all applicable laws during the ride
• Pay all fares and charges due

4.2 Prohibited Conduct

Users shall NOT:

• Use the Services for any unlawful purpose
• Harass, threaten, or abuse drivers or other users
• Carry illegal substances, weapons, or hazardous materials
• Damage or vandalize any vehicle
• Make false bookings or provide false information
• Attempt to defraud the platform or drivers
• Interfere with the proper functioning of the App
• Use automated systems to access the Services
• Share account credentials with others

4.3 Safety Requirements

• Passengers must wear seatbelts where provided
• Passengers must follow driver instructions regarding safety
• No smoking or consumption of alcohol/drugs in vehicles
• Children must be accompanied by adults

5. Fares, Payments, and Charges

5.1 Fare Calculation

• Fares are calculated based on distance, vehicle type, and ride type
• Fare estimates are provided before booking confirmation
• Final fares may vary based on actual route taken
• All fares are displayed in Nepalese Rupees (NPR)

5.2 Fare Components

Fares may include:

• Base fare
• Per-kilometer charges
• Applicable taxes (as required by law)
• Toll charges (where applicable)

5.3 Payment Methods

• Cash Payment: Currently, all payments are made in cash directly to the driver
• Digital payment methods may be introduced in the future

5.4 Fare Disputes

• Fare disputes must be reported within 24 hours of ride completion
• We will investigate all disputes in good faith
• Adjustments will be made if errors are confirmed

5.5 No Refunds Policy

• Cash payments made directly to drivers cannot be refunded through the platform
• Disputes regarding cash payments should be reported for investigation

6. Cancellation Policy

6.1 Passenger Cancellation

• Passengers may cancel a ride at any time before the ride starts
• Cancellation charges may apply as per our Cancellation Policy
• Frequent cancellations may result in account restrictions

6.2 Driver Cancellation

• Drivers may cancel under limited circumstances
• If a driver cancels, we will attempt to find an alternative driver
• Passengers will not be charged for driver-initiated cancellations

6.3 No-Show

• If a passenger is not present at the pickup location within the waiting time, the ride may be cancelled
• No-show fees may apply

Please refer to our separate Cancellation Policy document for detailed terms.

7. Driver-Partner Terms

7.1 Independent Contractor Status

• Drivers are independent contractors, not employees of SubhYatra
• Drivers maintain their own vehicles and bear associated costs
• SubhYatra does not control the manner of transportation service delivery

7.2 Driver Eligibility

Drivers must:

• Hold a valid driving license for at least one year
• Own or have authorized access to a compliant vehicle
• Pass background verification
• Maintain required vehicle documentation
• Meet minimum score requirements for continued operation

7.3 Platform Commission

• SubhYatra charges a platform commission on each completed ride
• Standard commission rate: 15% of the gross fare
• Incentive rate for qualifying drivers: 13% of the gross fare

7.4 Driver Agreement

All drivers must accept the separate Driver Agreement, which contains additional terms and conditions.

8. Intellectual Property

8.1 Ownership

• The App, including all content, features, and functionality, is owned by SubhYatra Pvt. Ltd.
• All trademarks, logos, and service marks are our property
• These Terms do not grant any license to use our intellectual property

8.2 User License

• We grant you a limited, non-exclusive, non-transferable license to use the App
• This license is for personal, non-commercial use only
• This license terminates upon termination of your account

8.3 User Content

• You retain ownership of content you submit through the App
• You grant us a license to use such content for providing Services
• You represent that you have rights to submit such content

9. Privacy and Data Protection

9.1 Privacy Commitment

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy and complies with:

• The Individual Privacy Act, 2075 (2018)
• The Digital Privacy and Data Protection Act, 2082 (2025)

9.2 Data Collection

We collect data necessary to provide our Services, including:

• Registration information (name, email, phone)
• Location data during rides
• Transaction history
• Device information

9.3 Data Usage

Your data is used to:

• Provide and improve our Services
• Process transactions
• Ensure safety and security
• Comply with legal obligations

9.4 Data Security

We implement appropriate technical and organizational measures to protect your data as required by Nepal's data protection laws.

Please refer to our Privacy Policy for complete details.

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

• Services are provided "AS IS" and "AS AVAILABLE"
• We do not guarantee uninterrupted or error-free service
• We are not responsible for the conduct of drivers or other users

10.2 Transportation Disclaimer

• SubhYatra is a technology platform, not a transportation provider
• We do not guarantee the quality, safety, or legality of transportation services
• Drivers are solely responsible for their transportation services

10.3 Limitation of Liability

To the maximum extent permitted by Nepal law:

• Our liability is limited to the amount paid for the specific service
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for actions of drivers or other third parties

10.4 Force Majeure

We are not liable for failures due to circumstances beyond our control, including natural disasters, government actions, strikes, or technical failures.

11. Indemnification

You agree to indemnify and hold harmless SubhYatra, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Nepal.

12.2 Informal Resolution

Before filing any formal claim, you agree to contact us to attempt informal resolution.

12.3 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal.

12.4 Consumer Rights

Nothing in these Terms affects your statutory rights under the Consumer Protection Act, 2075.

13. Modifications to Terms

13.1 Right to Modify

We reserve the right to modify these Terms at any time.

13.2 Notification of Changes

• Material changes will be notified through the App or email
• Continued use after changes constitutes acceptance

13.3 Review Recommendation

We encourage you to review these Terms periodically.

14. Termination

14.1 Termination by User

You may terminate your account at any time by:

• Contacting customer support
• Using account deletion features in the App

14.2 Termination by SubhYatra

We may suspend or terminate your account for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended period of inactivity
• Any other reason at our sole discretion

14.3 Effect of Termination

• Upon termination, your right to use the Services ceases
• Provisions that should survive termination will remain in effect
• Pending obligations must be fulfilled

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and other incorporated documents, constitute the entire agreement between you and SubhYatra.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Waiver

Failure to enforce any right does not constitute a waiver of that right.

15.4 Assignment

You may not assign these Terms. We may assign our rights without restriction.

15.5 Language

These Terms are provided in English. In case of translation, the English version prevails.

16. Contact Information

For questions about these Terms, please contact us:

17. Acknowledgment

By using SubhYatra, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms of Service are compliant with Nepal's Individual Privacy Act 2075, Consumer Protection Act 2075, Electronic Transaction Act 2063, and applicable transportation regulations.