TERMS & CONDITIONS
Welcome to Swadhin App, your gateway to a thriving Freelance Marketplace designed for aspiring Nepalese freelancers and clients to connect within Nepal. These Terms and Conditions govern the use of Swadhin mobile app and web app provided by Swadhin Tech Pvt. Ltd., a company registered in Kathmandu, Nepal, outlining the rights, responsibilities, and expectations of users engaging with this platform.
By accessing or using Swadhin (“the app,” "we," "us," or "our"), you (“your”, “they,” “users”, “buyer”, ”client”, “seller”, “freelancer”) signify your acceptance and agreement to comply with these Terms and Conditions. Please read them carefully. If you do not agree with any part of these terms, we regret to inform you that you should refrain from using our services.
Swadhin reserves the right to modify or update these Terms at any time. The updated Terms will be effective upon posting on the App. You will be notified for any update in these terms in the app notifications and through other communication channels. Your continued use of the App after the modifications constitutes your acceptance of the revised Terms.
1. USER ACCOUNTS
1.1 Eligibility
You must be at least 18 years old and possess the legal capacity to enter into a binding agreement to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.
1.2 Account Registration
To access features of the App, you must create an account. You agree to provide accurate, complete, and up-to-date information during the registration process. The initial registration sets you as a buyer. If you wish to become a seller as well then you can register from the buyer side.
You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. Notify Swadhin support immediately of any unauthorized use or security breaches.
1.3 Compliance with Laws
Upon using the App, you are obligated to adhere to all applicable laws, rules, and regulations of Nepal. The App is strictly intended for lawful and authorized purposes, and any utilization outside these bounds is prohibited. It is your responsibility to familiarize yourself with and abide by the legal requirements governing your actions within the App. Failure to comply with these stipulations may result in consequences as per the governing laws and regulations.
1.4 User Conduct
You agree to use the App in a manner consistent with its intended purpose. You shall not engage in any activity that disrupts or interferes with the functioning of the App or the experience of other users. Furthermore, you shall not post or transmit any content that is offensive, defamatory, includes foul language, nudity, or violates the rights of any third party. Failure to comply may result in the removal of the content and the potential suspension or termination of your account.
1.5 Account Suspension and Termination
Swadhin may, at its sole discretion, terminate or suspend your access to the App, without prior notice, for any reason or no reason, including but not limited to a violation of these Terms.
2. SERVICES ON SWADHIN
2.1 Switch Modes
Swadhin offers a platform connecting sellers (freelancers) and buyers (clients). The Swadhin app provides services to both buyers and sellers within a single application. Users can seamlessly switch between buyer and seller modes in the app to access the respective services tailored for each role.
2.2 Buyer (Client) Mode
Buyers (clients) can create their own tasks based on their requirements by posting them in the app, which will be available for viewing by sellers (freelancers). Buyers are responsible for posting relevant and appropriate tasks. Any tasks that do not comply will be removed, and continuous violation may result in account suspension and termination.
Buyers have the option to explore posted services by navigating through categories and subcategories. Additionally, they can browse the 'Popular Services' section to discover trending services offered by sellers. Buyers can also view tasks posted by other buyers in the 'Popular Tasks' section. To inquire about posted services and interested sellers in a buyer's posted task, buyers can initiate communication with sellers using the messaging function.
The seller initiates the process by sending a pricing quote via messages. The buyer can then view, accept, or decline the quote. Upon accepting the quote, buyers are directed to the payment process outlined in "3.2 Payment procedure for Buyers (Clients)." After receiving the final delivery from the seller, buyers have a 3-day window to acknowledge or decline it. If unsatisfied, the buyer can decline, prompting the seller to resend the delivery based on the buyer's request. If the issue persists, the task can be disputed. Failure to acknowledge the task within 3 days automatically considers it acknowledged. Buyers also have the option to rate and provide feedback for tasks right after acknowledging it or later in the tasks details page of the tasks in the "Past Tasks" tab.
2.3 Seller (Freelancer) Mode
Sellers (freelancers) can create packages for their services using available categories and subcategories, which will be listed and made available for both buyers (clients) and other sellers to view. Sellers are responsible for creating accurate and detailed listings for the services they offer. The information provided in the listings, including pricing, availability, and description, must be accurate and up-to-date.
Sellers can search for posted tasks by navigating through categories and subcategories. The 'Relevant Tasks' section holds tasks that match the seller's profile. If sellers find tasks that match their expertise, they can express interest by clicking the 'I’m Interested' button on the task preview or within the task details. This action notifies the buyer who posted that task. Sellers do not have the option to directly contact buyers; the only way to communicate is when buyers send messages to the listed service or to the interested candidates on their posted tasks.
2.4 Swadhin as a Platform
Swadhin acts as an intermediary platform connecting freelancers ("seller") with individuals or businesses seeking services ("buyer” or “clients"). Swadhin does not provide any services and is not a party to any agreement between sellers and buyers. Swadhin does not guarantee the quality, accuracy, or legality of the services and tasks provided by sellers and buyers.
2.5 Software Update
To ensure an optimal user experience and access to the latest features, Swadhin encourages users to regularly update the app to the latest version. Updates may include improvements, new functionalities, and bug fixes from previous versions. Users will be notified of available software updates through pop-up messages and in the Notification Center in the mobile app. It is recommended to keep the app updated. Swadhin is not responsible for any functional issues arising from the use of outdated app versions.
3. TRANSACTION POLICIES
3.1 Payment Gateways
For any services or tasks involving financial transactions, Swadhin facilitates payment processing between buyers and sellers via third-party payment gateways such as 'Khalti,' 'eSewa,' and 'Connect IPS.' When you select the payment gateway of your choice from the provided options, you will enter the payment gateway portal and be governed by the respective payment portal’s policies, over which we have no control regarding your transactional data. Once the payment is successful, we receive the payment token sent by the payment gateway to maintain your payment details.
Users are responsible for making payments using a secure network and are advised to avoid transactions on public networks or hotspots where their data may be susceptible to theft or hacking.
3.2 Payment procedure for Buyers (Clients)
Upon the buyer (client) accepting the quote from the seller (freelancer), fifty percent of the total quote amount (including VAT) becomes due. The buyer will then be directed to the payment gateway page, where they can choose their preferred payment gateway option and proceed with the payment. Once the payment is successful, the task is activated.
When the seller delivers a milestone and is accepted by the buyer, they will be redirected to the payment portal, and the remaining fifty percent of the quote amount (including VAT), will be due. Buyers can complete the payment process by selecting their preferred payment gateway. This concludes the payment process for the tasks.
The payment confirmation is notified in the notification center. Also, within the "Account and Settings" section, under "Dashboard," buyers can choose "Reports" to review their transaction history.
3.3 Release of Payment for Sellers (Freelancers)
Upon completion and delivery of the tasks by the seller (freelancer) and acknowledgment by the buyer (client) , the payment release process commences. The amount specified in the freelancer's quote is subject to Swadhin’s commission and the government tax TDS (Tax Deductions at Source), as outlined in the quote. Within the next three days, the remaining amount, after deducting commission and tax, is released and transferred to the account (Khalti or eSewa) provided by freelancers during their registration.
The payment received is notified in the notification center. Freelancers can also navigate to the "Account and Settings" page, select "Earnings" under "Dashboard," and view the received amounts in the "Total Earnings" section.
3.4 Dispute Resolution and Refunds
Dispute Resolution
In the event of a dispute between users, Swadhin encourages them to first attempt resolution through respectful communication. If a satisfactory resolution cannot be reached, users may utilize the platform's Dispute feature within the "Active Job Details" page to initiate a formal resolution process.
Swadhin will review the dispute and work towards a fair resolution. Users can access details and status of disputes in the "Reports" section under "Dashboard" in the "Account and Settings" page.
It is essential to note that Swadhin's involvement in dispute resolution is to facilitate fair outcomes, and users are encouraged to adhere to the platform's policies and guidelines to avoid disputes. The resolution process may involve Swadhin's intervention including communicating directly to both parties and investigating the quotes, deliverables and messages. However, the ultimate decisions aim to be fair and just for all parties involved.
In scenarios where the dispute request for a refund is not approved, the buyer and/or seller must either take no action, complete the task, or accept and acknowledge the milestone and final delivery.
All decisions made for disputes by Swadhin are final.
Refunds
Refund claims associated with services must be submitted through the 'Dispute' feature, providing a clear explanation and supporting documentation. The approval of refunds is subject to the nature of the dispute and adherence to Swadhin's policies. Upon receipt of the claim, Swadhin will assess its validity and, if deemed appropriate, initiate the refund process.
The refund amount will be sent to the buyer's account used during the payment. Any applicable dispute resolution fee will be deducted from the refund. Users are encouraged to review and comprehend the refund policy for a clear understanding of the process.
Users acknowledge that Swadhin's decisions regarding dispute resolutions and refunds are binding and agree to abide by the Dispute Resolutions and Refunds policy outlined in these Terms and Conditions.
4. COMMUNICATION
4.1 Messaging Guidelines
Correspondence between buyers and sellers in messages should maintain a professional tone and stay focused on topics related to the posted tasks or listed services. Buyers and sellers are not permitted to exchange personal or work phone numbers and emails. All order-related communication must take place within the messaging system. Any disputes or disagreements are resolved through direct communication with both sellers and buyers, along with an investigation of the correspondence within the messages.
4.2 Notifications and Alerts
Swadhin employs a comprehensive notification system encompassing system-generated actions, as well as alerts on offers, new messages, quotes, milestones, deliveries, payments, and more. These notifications serve to keep users informed about essential activities requiring their attention and prompt action. Users are encouraged to enable “Allow Notifications” in the “Settings” of the app to stay informed about important events. It is the user's responsibility to manage their notification preferences to align with their preferences and requirements. Swadhin is not liable for any missed information or actions resulting from users' chosen notification settings.
4.3 Email Notifications
Swadhin uses email notifications for various system-generated actions, including but not limited to account verification, sending email verification codes, sending Password Reset Tokens or OTPs, and notifications for password changes. Users should be attentive to their email inbox for these essential communications.In case users do not receive expected notifications, it is advisable to check the Spam folder. It is recommended not to block Swadhin's email address to avoid receipt of crucial updates and information. Swadhin is not liable for any missed information or actions resulting from users' chosen email settings.
4.4 Telephone Communication
Swadhin reserves the right to contact users via the phone number provided in their profile for issues such as milestone and final delivery concerns, payment issues, disputes, terms of use violations, compromised accounts, and other relevant matters. This direct communication is aimed at ensuring swift resolution and providing users with timely assistance. Users are urged to keep their phone numbers up-to-date in their profiles to facilitate effective communication. Swadhin is committed to handling these communications professionally and respecting user privacy. Users are expected to respond promptly to address any outstanding issues related to their use of the platform.
5. DATA AND PRIVACY
While Swadhin is committed to protecting user privacy, it's essential to note that detailed information on data collection, usage, and protection is outlined in our dedicated Data and Privacy Policy. By using the Swadhin platform, users agree to the terms specified in the Data and Privacy Policy, which govern the handling of personal and sensitive information.
The Data and Privacy Policy covers aspects such as the types of data collected, how it is used, stored, and shared, as well as user rights regarding their personal information. Users are encouraged to review the Data Privacy Policy to gain a comprehensive understanding of how their data is managed within the Swadhin platform.
For any queries or concerns related to data and privacy, users can refer to the Data Privacy Policy or reach out to our support team for assistance. Acceptance of the Terms and Conditions implies acknowledgment and agreement with the provisions outlined in the separate Data Privacy Policy.
6. INTELLECTUAL PROPERTY
6.1 App License
Swadhin grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for its intended purpose, subject to these Terms.
6.2 Content Ownership
You retain ownership of any content you submit to the App. However, by sharing your content on the platform, you grant Swadhin a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content for the purpose including but not limited to operating and promoting the App.
6.3 Intellectual Property
Swadhin is the sole owner of all intellectual property rights associated with the platform, including but not limited to trademarks, copyrights, patents, and trade secrets. Users acknowledge and agree that any content, features, or functionalities provided on the Swadhin platform are protected by intellectual property laws. Reproduction, distribution, or modification of any content on the platform without explicit permission from Swadhin is strictly prohibited. Violation of intellectual property rights may result in the termination of user access to the platform and may proceed with legal actions.
7. LIMITATION OF LIABILITY
7.1 Disclaimer of Warranty
Swadhin provides the platform on an "as-is" and "as-available" basis, without any warranties, express or implied. Swadhin disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, or course of performance.
The platform may undergo maintenance, updates, or changes, and Swadhin does not guarantee uninterrupted, secure, error-free, or bug-free service. Users acknowledge that platform use is at their own risk.
Swadhin makes no representations or warranties regarding the accuracy, completeness, or reliability of content, services, information, or materials on the platform. Users are responsible for their interactions and transactions with others.
By accepting these Terms, users acknowledge and agree to the disclaimer of warranties, understanding that Swadhin does not guarantee continuous availability, reliability, or accuracy of the platform or its content.
7.2 Indemnification
Users agree to indemnify, defend, and hold Swadhin and its officers, directors, its affiliates, partners, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses arising from their use of the platform. This includes legal fees and extends to third-party claims resulting from the user's violation of the Terms and Conditions or infringement of intellectual property rights. Users are responsible for actions on their account, and this clause safeguards Swadhin from legal consequences. Swadhin will promptly notify users of any claims and seek their cooperation in defense. By agreeing to these Terms, users commit to indemnify Swadhin against legal repercussions from their platform activities.
7.3 Limitation of Liability
Swadhin assumes no responsibility or liability for any direct, indirect, incidental, consequential, or punitive damages arising from users' use of the platform. This limitation of liability includes, but is not limited to, damages for lost profits, data, goodwill, or other intangible losses, even if Swadhin has been advised of the possibility of such damages.
In no event shall Swadhin be liable for any failure or delay in performance resulting from acts beyond its control, including but not limited to natural disasters, governmental actions, interruptions in telecommunications services, and other unforeseen circumstances.
Users acknowledge and agree that their use of the Swadhin platform is at their own risk. Swadhin's liability is limited to the fullest extent permitted by applicable law. By accepting these Terms and Conditions, users explicitly acknowledge the limitations on Swadhin's liability and agree not to hold the platform responsible for any damages or losses incurred during their use of the platform.
If you have any questions or concerns about these Terms and Conditions, feel free to contact us through the 'Contact Us' page on our web app or by accessing 'Swadhin Support' within the mobile app.
By using the "Swadhin" App, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Last Updated on January 12, 2024
