Last Updated: March 28, 2025
These Terms and Conditions ("Terms") constitute a legally binding contract between you ("User," "you," "your") and uNepal Australia Pvt Ltd, a private limited company incorporated under the Corporations Act 2001 (Cth) with its principal office at Canberra, Australian Capital Territory, Australia ("Company," "we," "us," "our"), governing your access to and use of the uNepal mobile application ("App"). By downloading, installing, accessing, or using the App, you unconditionally agree to be bound by these Terms, including the incorporated End User License Agreement (EULA), Privacy Policy, Community Guidelines, and Rewards Policy (collectively, "Ancillary Policies"). If you do not agree to these Terms in their entirety, you must immediately discontinue use of the App and delete it from your device.
1.1. Binding Agreement: Your act of downloading, installing, or using the App constitutes your express acceptance of these Terms, forming a contract enforceable under the laws of the Australian Capital Territory (ACT) and the Commonwealth of Australia.
1.2. Incorporated Policies: These Terms include and incorporate by reference the Ancillary Policies, accessible within the App or by request at unitednepalaustralia@gmail.com. You acknowledge that these policies are integral to this agreement.
1.3. Scope: These Terms apply to all features, functionalities, and services provided through the App, including but not limited to user profiles, posts, Circles, Pages, messaging, ratings, and future enhancements (e.g., payments, subscriptions).
1.4. Electronic Consent: By using the App, you consent to receive these Terms and related communications electronically, satisfying requirements under the Electronic Transactions Act 1999 (Cth).
1.5. Updates: We may amend these Terms at our sole discretion. Notice of material changes will be provided via in-app notification, email to your registered address, or posting on our website (if applicable). Your continued use of the App after such notice constitutes acceptance of the revised Terms. If you reject the changes, you must cease using the App.
2.1. Minimum Age: You must be at least 13 years of age to use the App. Users aged 13 to 17 must obtain verifiable parental consent, submitted to unitednepalaustralia@gmail.com. We reserve the right to terminate accounts of minors lacking such consent.
2.2. Legal Capacity: You represent and warrant that you possess the legal capacity to enter into this agreement under Australian law and are not subject to any legal disability (e.g., bankruptcy, incapacity) that would preclude your acceptance.
2.3. Prohibited Users: You may not use the App if you have been previously banned by us or are prohibited from accessing similar services under Australian law or the laws of any jurisdiction where you reside or access the App.
2.4. Target Audience: The App is designed primarily for Nepalese individuals residing in Australia, though eligibility is not restricted by nationality or residency. You acknowledge this focus does not alter your rights or obligations under these Terms.
2.5. Accuracy of Information: You warrant that all information provided during registration or use (e.g., name, email, phone number) is true, accurate, current, and complete. You agree to promptly update your account details to reflect any changes. Failure to maintain accurate information may result in account suspension.
3.1. Account Creation: To access core functionalities (e.g., posting, messaging), you must register an account using a valid, personal email address or phone number that you control. Corporate or shared accounts require our prior written approval.
3.2. Credentials: You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username, password). You must not disclose these to third parties or allow others to access your account, except as expressly authorized by us.
3.3. Security Obligations: You agree to:
3.4. Liability: We are not liable for any loss, damage, or unauthorized activity resulting from your failure to secure your account, except where such loss is directly attributable to our gross negligence or willful misconduct.
3.5. Single Account Policy: You may maintain only one active account per individual. Creating multiple accounts to circumvent restrictions (e.g., bans, rating cooldowns, rewards eligibility) is prohibited and constitutes grounds for immediate termination of all associated accounts.
3.6. Verification: We may require identity verification (e.g., via email confirmation or government-issued ID) to ensure compliance with these Terms or applicable law.
4.1. Grant of License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a personal, compatible mobile device for private, non-commercial purposes only.
4.2. Permitted Use: This license permits you to:
4.3. Restrictions: You shall not, directly or indirectly:
4.4. Updates and Maintenance: We may deploy updates, enhancements, or bug fixes automatically or require manual installation. You agree to install such updates to maintain compatibility, security, and functionality. We may suspend access temporarily for maintenance, upgrades, or emergency repairs without prior notice, and we shall not be liable for any resulting inconvenience or loss.
4.5. Ownership: The App, including its source code, user interface, design, graphics, trademarks (e.g., "uNepal"), and underlying technology, is the exclusive property of uNepal Australia Pvt Ltd, protected under the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), and applicable international treaties.
4.6. Third-Party Software: The App incorporates third-party software (e.g., Firebase SDKs) subject to their respective licenses. You agree to comply with such terms as provided by us or the third party.
4.7. Termination of License: This license terminates automatically upon your breach of these Terms, your deletion of the App or account, or our decision to discontinue the App or your access, with or without cause.
5.1. Definition: "User Content" encompasses all data, text, images, videos, messages, ratings, comments, or other materials you upload, create, or submit through the App, including content posted to profiles, Circles, Pages, or messages.
5.2. Ownership and License:
5.3. Responsibility: You are solely responsible for the legality, accuracy, completeness, and appropriateness of your User Content. We do not pre-screen, monitor, or endorse User Content and disclaim any obligation to do so. You warrant that your User Content does not infringe third-party rights (e.g., copyright, privacy) or violate applicable laws.
5.4. Prohibited Content: You shall not upload, post, or transmit User Content that:
5.5. Content Moderation: We reserve the right, but not the obligation, to review, remove, edit, or restrict access to User Content at our sole discretion, with or without notice, if it violates these Terms, the Ancillary Policies, or applicable law, or if deemed necessary to protect our users or operations. We may retain User Content for legal or compliance purposes even after removal from public view.
5.6. Backup: You are responsible for maintaining backups of your User Content. We are not liable for loss or corruption of User Content due to technical failures or other causes.
6.1. Overview: The App provides a social networking platform with features including, but not limited to:
6.2. Availability: Features are provided "as is" and may be modified, suspended, or discontinued at our discretion without liability.
6.3. Future Enhancements: We may introduce premium features, payments, subscriptions, or rewards systems. Such additions will be governed by supplemental terms notified to you prior to implementation.
6.4. User Conduct: You agree to use features in accordance with these Terms and the Community Guidelines, refraining from abuse or misuse (e.g., spamming messages, falsifying ratings).
7.1. Current Status: As of March 28, 2025, the App offers no monetary, tangible, or intangible rewards.
7.2. Future Rewards Program: We may implement a rewards system (e.g., points, credits, badges, virtual goods) for activities such as posting, commenting, rating, or moderating Circles/Pages. Rewards will be detailed in an updated Rewards Policy, specifying earning criteria, redemption options, and expiration terms.
7.3. Eligibility: Only users in good standing, complying with these Terms and Community Guidelines, will qualify for rewards. Accounts under investigation or suspension are ineligible.
7.4. Non-Transferable: Rewards will not be redeemable for cash, transferable, or assignable to other users or entities unless expressly permitted in writing by us. Rewards have no monetary value outside the App unless otherwise stated.
7.5. Modification or Termination: We reserve the right to modify, suspend, or terminate the rewards program at any time, with notice via the App or email. Upon termination, unredeemed rewards may expire, with at least 30 days’ notice provided unless termination is due to legal or operational necessity.
7.6. Abuse Prevention: Attempts to manipulate or exploit the rewards system (e.g., via fake accounts, bots, or coordinated efforts) will result in forfeiture of rewards and potential account sanctions. We may audit reward activity and reverse fraudulent gains without notice.
8.1. Current Usage: As a mobile application, the App does not employ traditional browser cookies. However, Firebase Analytics collects analogous data (e.g., device identifiers, IP address, usage metrics such as session duration and feature interactions). This data is used to monitor performance, troubleshoot issues, and personalize your experience.
8.2. Disclosure: Firebase (Google LLC) processes this data under its privacy policy, which you acknowledge as a condition of use. We do not sell or share this data with third parties beyond Firebase unless anonymized for analytics.
8.3. Future Use: If we develop a web version or introduce cookies, we will comply with the Australian Privacy Act 1988 and the Spam Act 2003 (Cth), providing clear notice and opt-in/opt-out mechanisms as required. Any such change will be reflected in an updated Privacy Policy.
8.4. Control: You may limit tracking by disabling Firebase Analytics in your device settings or App preferences, though this may impair functionality (e.g., personalized notifications). We do not currently honor "Do Not Track" signals, as they are not applicable to mobile apps.
9.1. Company Intellectual Property: The App, including its source code, user interface, design elements, graphics, logos, and trademarks (e.g., "uNepal"), is the exclusive property of uNepal Australia Pvt Ltd, protected under the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), and international intellectual property conventions (e.g., Berne Convention). All rights not expressly granted herein are reserved by us.
9.2. User Intellectual Property: You retain ownership of intellectual property rights in your User Content, subject to the license granted in Section 5.2. You warrant that you have the right to grant such a license and that your User Content does not infringe third-party rights.
9.3. Feedback: Any suggestions, ideas, comments, or feedback you provide about the App ("Feedback") becomes our property upon submission. We may use Feedback for any purpose (e.g., development, marketing) without compensation, attribution, or obligation to you.
9.4. Infringement Claims: If you believe your intellectual property rights have been violated within the App, notify us at unitednepalaustralia@gmail.com with:
We will investigate and respond per the Copyright Act 1968 (Cth) and our policies.
9.5. Counter-Notices: If your content is removed due to an infringement claim, you may submit a counter-notice to contest the removal, subject to legal recourse.
10.1. Current Status: As of March 28, 2025, the App is free to use, with no payments, subscriptions, or in-app purchases required.
10.2. Future Implementation: We may introduce fees for premium features (e.g., enhanced visibility, ad-free experience), subscriptions, or in-app purchases (e.g., virtual goods). Pricing, billing cycles, payment methods, and cancellation terms will be detailed in supplemental terms provided prior to implementation.
10.3. Payment Processing: Transactions will be processed via third-party providers (e.g., Stripe, PayPal), subject to their terms of service and privacy policies. You authorize us and our processors to charge your designated payment method for applicable fees.
10.4. Refunds: Refunds will comply with the Australian Consumer Law (ACL), offering remedies for faulty or misrepresented services (e.g., non-delivery of premium features). Non-refundable purchases (e.g., consumable in-app items) will be clearly marked.
10.5. Taxes: You are responsible for any applicable taxes (e.g., GST) arising from transactions, which may be added to the purchase price per Australian tax law.
10.6. Billing Disputes: Notify us of billing errors within 30 days at unitednepalaustralia@gmail.com for investigation and resolution.
11.1. Termination by You: You may terminate your account at any time by deleting it through the App’s settings or emailing unitednepalaustralia@gmail.com with a deletion request. Upon termination, you must uninstall the App from all devices.
11.2. Termination by Us: We may suspend, restrict, or terminate your account and access to the App, with or without prior notice, for:
We may provide notice and an opportunity to remedy minor breaches where feasible.
11.3. Effects of Termination: Your license to use the App is revoked immediately. We may delete your User Content, though residual data may persist in backups per our Privacy Policy. You forfeit any unredeemed rewards or credits (if applicable).
11.4. Reinstatement: We are not obligated to reinstate terminated accounts but may consider appeals submitted to unitednepalaustralia@gmail.com within 14 days, accompanied by evidence of compliance.
11.5. Survival: Sections 5 (User Content), 9 (Intellectual Property), 11 (Termination), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law), and 18 (Miscellaneous) survive termination.
12.1. Dependency: The App relies on third-party services, including Firebase (Google LLC) for authentication, data storage, messaging, and analytics, and potentially others (e.g., payment processors) in the future.
12.2. Third-Party Terms: Your use of these services is subject to their respective terms (e.g., Firebase Terms of Service), which you agree to review and comply with.
12.3. Liability: We are not responsible for interruptions, outages, or failures of third-party services beyond our control, or data handling practices of third parties, except as required by Australian law.
12.4. External Links: User Content may include links to external websites or resources. We do not control or endorse such content and are not liable for its accuracy, safety, or compliance with law.
13.1. As-Is Basis: The App is provided "as is" and "as available" without warranties or conditions, express, implied, or statutory, including merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by the Australian Consumer Law (ACL).
13.2. No Guarantees: We do not warrant that:
13.3. Risk: You assume all risks associated with using the App, including but not limited to loss of data due to technical failures, interactions with other users or reliance on their content, and compatibility issues with your device or software.
13.4. Consumer Guarantees: Nothing in these Terms excludes or limits statutory guarantees under the Australian Consumer Law where such exclusion is unlawful (e.g., services must be provided with due care and skill).
14.1. Exclusion: To the maximum extent permitted by Australian law, uNepal Australia Pvt Ltd, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or reputation, arising out of or related to your use of the App, whether in contract, tort, statute, or otherwise.
14.2. Cap: Where liability cannot be excluded, our total aggregate liability is limited to the greater of AUD $100 or the total amount paid by you (if any) for App services in the 12 months preceding the claim.
14.3. Exceptions: This limitation does not apply to liability for death, personal injury, or property damage caused by our negligence, or breaches of ACL consumer guarantees where remedies cannot be capped.
14.4. Basis: You acknowledge that the App is provided at no cost (as of March 28, 2025), and this limitation reflects the allocation of risk inherent in a free service.
15.1. Obligation: You agree to indemnify, defend, and hold harmless uNepal Australia Pvt Ltd, its affiliates, directors, officers, employees, agents, and licensors from and against any claims, demands, actions, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from or relating to:
15.2. Procedure: We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification. You shall cooperate fully in the defense of such claims, providing information and assistance as requested.
15.3. Settlement: You may not settle any claim without our prior written consent unless it fully releases us from liability without admission of fault.
16.1. Exemption: We shall not be liable for any delay, failure, or inability to perform obligations under these Terms due to events beyond our reasonable control, including but not limited to:
16.2. Notice: We will endeavor to notify you of such events and mitigate their impact, but failure to notify does not waive this exemption.
17.1. Governing Law: These Terms are governed by and construed in accordance with the laws of the Australian Capital Territory (ACT) and the Commonwealth of Australia, without regard to conflict of law principles.
17.2. Dispute Resolution:
17.3. Class Action Waiver: You waive any right to pursue disputes as a class, collective, or representative action. All claims must be brought in your individual capacity.
17.4. Time Limit: Any claim arising from these Terms must be filed within one (1) year of the cause of action accruing, or it is permanently barred.
18.1. Severability: If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to reflect the parties’ intent.
18.2. Entire Agreement: These Terms, together with the Ancillary Policies, constitute the entire agreement between you and us regarding the App, superseding all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
18.3. Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision. Waivers must be in writing and signed by an authorized representative of uNepal Australia Pvt Ltd.
18.4. Assignment: You may not assign, delegate, or transfer these Terms or your rights hereunder without our prior written consent, which may be withheld at our discretion. We may assign these Terms to affiliates, subsidiaries, or successors in interest (e.g., in a merger or sale) without your consent, with notice provided where practicable.
18.5. Notices: Notices to you may be sent via email to your registered address, in-app notifications, or posted within the App. Notices to us must be sent to unitednepalaustralia@gmail.com or our physical address, with delivery confirmation recommended.
18.6. Relationship: No agency, partnership, joint venture, or employment relationship is created between you and us by these Terms.
18.7. Language: These Terms are drafted in English, which shall be the authoritative version. Translations, if provided, are for convenience only.
For inquiries, support, or legal notices:
Email: unitednepalaustralia@gmail.com (include “Legal Inquiry” in the subject line for priority handling)
Address: uNepal Australia Pvt Ltd, Canberra, Australian Capital Territory, Australia
Response Time: We aim to respond within 5 business days, though complex issues may require additional time.