Terms of Use

These Terms of Use ("Terms") apply to your use of a-OK Enterprise mobile application, website, application programming interfaces (APIs), QR workflows, POS terminals, and related services (collectively, the "Platform") owned and operated by anka EK Pvt. Ltd., a company incorporated in Nepal with its registered office in Ward No. 29, Anamnagar, Kathmandu, Nepal with registration number 237671/76/077 (collectively, "Platform Provider", "we", "our" or "us").

By using the Platform, you acknowledge and agree to these Terms and our Privacy Policy, which explains how we collect, store, use, disclose, and protect your personal data/information. If you are an individual using the Platform on behalf of an organization, you represent that you are authorized to agree to these Terms on behalf of that organization. If you do not agree to these Terms, you must not access or use the Platform.

1. Changes to the Terms

We may revise and update these Terms periodically at our discretion without providing prior notice. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

2. Permitted Use of Our Platform

You may use our Platform, and the information, text, images, videos, logos, software and other materials that you observe and experience ("Content") in accordance with these Terms and solely for your personal and lawful purposes such as learning and accessing our services.

To access the Platform, you may need to register. All the information you provide must be correct, accurate, current, and complete. We reserve the right to request for documentation and carry out the necessary checks to verify your personal data. You acknowledge that your provision and our use of any information that you provide is subject to our Privacy Policy. We provide this Platform for use only by persons who are 18 years of age or older.

2A.Role of the Platform

The Platform acts solely as a technology and service facilitator that enables business clients to send gifts through third-party vendors and delivery partners.

• We are not the seller of record for any products listed on the Platform.
• Vendors are solely responsible for:
  • Product quality, accuracy, and availability
  • Pricing and product descriptions
  • Order fulfillment and preparation
• Delivery partners are solely responsible for:
• delivery logistics,
• delivery timelines, and
• proof of delivery.

We do not manufacture, store, or directly deliver products listed on the Platform unless explicitly stated.

2B. Platform Ecosystem and Account Types

The Platform supports multiple account types, each with distinct roles and responsibilities:

• Business Clients – organizations that purchase and send gifts
• Vendors – suppliers who list and fulfill products
• Delivery Partners – logistics providers responsible for delivery
• Platform Administrators – users managing and operating the Platform

Each account type is responsible for complying with these Terms and any additional obligations applicable to their role.

3. Prohibited Conduct

You agree not to:

• Use the Platform in violation of these Terms, the Privacy Policy, or any applicable laws or regulations.
• Use the Platform in a way that exploits, harms, or attempts to exploit or harm other persons, including minors, by exposing them to material, which a reasonable person or user could deem to be offensive, abusive, obscene, objectionable, defamatory, libelous, sexually explicit, threatening, advocating harassment or intimidation, racially or ethnically offensive or otherwise offensive to any group or individual, or promoting hatred or physical harm of any kind.
• Use the Platform in a way that could damage, disable, overburden, or impair any of its component or otherwise interfere with its proper working or with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use any manual or automated process including a robot, spider, or other device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform, or to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform.
• Impersonate others or misrepresent your identity.
• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Platform, or otherwise attempt to discover any source code, or allow any third party to do so.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or harmful.
• Modify, use, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any other purposes whatsoever the Platform or the Content.
• Delete or alter any copyright, trademark, or other proprietary rights notices from the Platform or the Content.
• Use our trademarks, trade names, brands, domain names, or other distinctive brand features.

Any unauthorized use of the Content or the Platform may violate copyright, trademark, and other laws. You are responsible for your use of the Platform and any consequences that arise from such use. We reserve the right to suspend or block access if we believe you're misusing the Platform.

3B. Third-Party Services

The Platform integrates with and relies on third-party service providers, including but not limited to:

• vendors and suppliers,
• delivery partners,
• payment processors, and
• technology and infrastructure providers.

We do not control and are not responsible for the performance, actions, or omissions of such third parties.

4. User Posts

If you post content through interactive features, e.g., forums, bulletin boards, webinar chats, or comments ("User Posts"), you must comply with these Terms. Your User Posts are considered non-confidential and non-proprietary and, by posting, you give us a license to use, reproduce, display and distribute those User Posts. Your User Posts must comply with these Terms.

5. Intellectual Property

The Platform, its features, functionality and the Content, as well as all trademarks, service marks, trade names and intellectual property related thereto are owned by us and they are protected by national and international copyright, trademark, patent, trade secret and other intellectual property laws.

These Terms do not convey to you any interest or rights in or to the Platform or the Content. You may not copy, distribute, modify, or create derivative works based on the Platform or the Content without our permission. By providing feedback, comments or suggestions on the Platform or Content, you give us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the feedback in any manner, for any purpose, without restriction or the need for any further compensation, approval or consent. It is our policy to terminate the user accounts of repeat infringers.

6. Monitoring, Enforcement & Termination

We reserve the right, without notice and at our discretion, to terminate or suspend your access to or use of all or any part of the Platform, effective immediately, if we suspect that (i) you have engaged in fraudulent activity or any illegal activity under any applicable law; (ii) you have provided false information to, or concealed any information from us, our affiliated partners, or other users; or (iii) you have engaged in activity in violation of these Terms.

We have the right, at our discretion, to:

• remove or refuse to post any User Post for any or no reason;
• disclose identity or other information to third parties claiming posted material violates their rights, including intellectual property rights or privacy rights.
• take appropriate legal action, including, referral to law enforcement, for any illegal or unauthorized use of the Platform;
• terminate or suspend your access to all or part of the Platform for any reason, including, if your use of the Platform is in violation of these Terms or applicable law; infringes the intellectual property rights or other rights of any person or entity; threatens the personal safety of users of the Platform or the public, or could create liability for us.

7. Disclaimers

Our Platform and all its information and services are provided "as is". We don't make any warranties of any kind - express or implied - about their accuracy, availability, or fitness for a particular purpose. We may update the Content periodically, but such Content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on such information is strictly at your own risk.

The Platform may include materials including, e.g., photos, text, and links provided by third parties and we are not responsible or liable to you for the content or accuracy of any materials provided by any third parties.

IN NO EVENT WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE PLATFORM, OR OTHER INTANGIBLE LOSS, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) ANY CHANGES WHICH WE MAY MAKE TO THE PLATFORM OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE PLATFORM (V) THE PRODUCTS OR VENDORS, OR (VI) ANY OTHER MATTER RELATING TO THE PLATFORM, PRODUCTS OR SERVICES.

IN ADDITION, IN NO EVENT WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER IN RELATION WITH THE QUALITY, ACCURACY OR UTILITY OF THE INFORMATION PROVIDED AS PART OF, OR THROUGH, THE PLATFORM, OR THE PRODUCTS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, electronic equipment, hardware, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Platform, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Platform.

UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, ITS SERVICES, OR FROM THE USE OF PRODUCTS PURCHASED THROUGH THE PLATFORM, OR FROM ANY CONTENT PROVIDED OR POSTED ON OR THROUGH THE PLATFORM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED US DOLLARS.

8. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to:

• (i) your failure to comply with applicable laws, rules and regulations
• (ii) any claim of infringement or misappropriation of any user or any third party's rights, including but not limited to any privacy rights and/or intellectual property rights
• (iii) arising from your breach of the Terms; or
• (iv) your use or misuse of the Platform.

You agree to promptly notify us of any third-party claims and fully cooperate with us in defending such claims. You further agree that we shall have control of the defense or settlement of any such claims.

9. Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, interpretation, performance, breach, or termination (a "Dispute"), shall be referred to and finally resolved by a court of competent jurisdiction. The court shall apply the substantive and procedural law applicable in the relevant jurisdiction, subject to any local law that cannot be excluded or limited by agreement.

10. Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Waiver & Severability

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

The Terms constitute the sole and entire agreement between you and us regarding your use of the Platform. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us.

We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Promotional Offers

From time to time we may advertise or provide promotional offers. Promotional offers are non-transferable, may not be combined with any other special offers, promotions or discounts; are not redeemable for cash; and may be subject to additional terms and conditions. We might withdraw, amend or cancel promotional offers at any time.