Terms & Conditions
Please read these terms carefully before using KharayoCares. By accessing our platform, you agree to be bound by these terms and conditions.
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1. Introduction and Acceptance of Terms
1.1 Scope of Agreement
These Terms and Conditions ("Terms" or "Agreement") govern all access to and use of the crowdfunding platform KharayoCares (the "Platform").
Key Definitions:
1.2 Acceptance of Terms
By accessing or using the Platform, you confirm that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy. Explicit actions such as clicking "Donate", "Create Campaign", or any similar confirmation button will be treated as affirmative acceptance of this Agreement.
1.3 Eligibility to Use Services
General Users
Must be at least 16 years of age and of sound mind (Nepal Contract Act, 2056)
Campaign Organizers
Must be at least 18 years of age due to additional legal and financial responsibilities
2. Campaign Creation and Eligibility
2.1 User Registration
To create and manage a fundraising campaign, Organizers must register for an account and provide accurate, complete, and non-deceptive information. Organizers agree to promptly update their account details if any information changes.
Warning: Providing false, misleading, or incomplete information constitutes a material breach of these Terms and may result in suspension or termination of the account and campaign.
2.2 Prohibited Activities
Campaigns may only be created for lawful purposes. The following activities are strictly prohibited:
2.3 Representations and Warranties
By creating a campaign, the Organizer expressly represents and warrants that:
- check_circleThe campaign description, goals, and related information are accurate, truthful, and not misleading
- check_circleAll funds raised will be used solely for the purposes described in the campaign
- check_circleThe Organizer has the legal right and authority to create the campaign and direct fund usage
- check_circleThe campaign and use of funds will not violate any applicable law or regulation
2.4 Verification and Identity Checks
KharayoCares is committed to maintaining a safe and transparent crowdfunding environment. All financial transactions are processed through third-party licensed payment processors (e.g., Fonepay, Stripe, Khalti, eSewa).
3. Donations and Financial Transactions
3.1 Making a Donation
All donations made through the Platform are voluntary and at the sole risk of the Donor. KharayoCares does not guarantee that any campaign will achieve its stated goals or that funds will be used as described by the Organizer.
3.2 Donor Information and Privacy
Donors may be required to provide personal and payment information to complete a donation. Such information will be handled in accordance with our Privacy Policy, which complies with the Individual Privacy Act, 2018 and related data protection laws of Nepal.
3.3 Payouts to Campaign Organizers
- account_balanceDonations are processed and disbursed by third-party licensed payment processors
- scheduleOrganizers must request withdrawal within 120 days of the campaign's end date
- verified_userFund transfers are contingent upon successful completion of KYC/KYM procedures and bank verification
3.4 Payment Processing and Service Fees
Service Fee Structure:
- • In compliance with Nepal Rastra Bank (NRB) regulations, no charge is levied on Donors for QR code-initiated transactions
- • A 5% Service Fee is applied to the Organizer or Beneficiary at the point of withdrawal, not to the Donor at contribution
- • All transactions are processed in Nepalese Rupees (NPR)
3.5 Refunds and Chargebacks
Donations are generally non-refundable, except in cases of proven fraud or unauthorized transactions.
shieldLimited Donor Protection Guarantee
- • Refunds may be granted, in the Platform's sole discretion, up to a defined limit per donor
- • This guarantee is not an insurance contract and does not cover campaign failure
- • KharayoCares reserves the right to recover refunded amounts from the Organizer or Beneficiary if fraud is established
4. Use of Funds
4.1 Representations Regarding Use of Funds
By creating a campaign, Organizers expressly represent and warrant that all funds received will be used solely for the purpose(s) described in the campaign. Organizers and Beneficiaries are legally responsible for ensuring funds are applied honestly, lawfully, and in line with expectations communicated to Donors.
4.2 Prohibited Use of Funds
Funds raised through the Platform may NOT be used for:
- cancelFinancing or promoting illegal, fraudulent, or deceptive activities
- cancelMoney laundering, terrorism financing, or other financial crimes
- cancelPersonal enrichment or benefit unrelated to the stated campaign purpose
- cancelActivities promoting hate speech, defamation, discrimination, or harassment
- cancelAny activity violating applicable laws of Nepal
4.3 Accounting and Audit Rights
To maintain transparency and protect Donors, KharayoCares reserves the right to:
5. Intellectual Property and Content
5.1 User-Generated Content
Campaign content, including text, images, videos, and other materials uploaded by users ("User Content"), may qualify for protection under the Copyright Act, 2059 (2002). Users retain ownership of their original works uploaded to the Platform.
5.2 Licenses and Permissions
By uploading or posting content to the Platform, users grant KharayoCares a non-exclusive, royalty-free, worldwide, transferable license to:
- checkUse, reproduce, display, distribute, and adapt the content
- checkOperate, improve, and promote the Platform
- checkEnable campaign visibility on social media, marketing channels, or partnership promotions
Note: This license does not transfer ownership of the User Content; users remain the rightful owners of their intellectual property.
5.3 Content Moderation and Removals
KharayoCares reserves the right to remove, suspend, or restrict access to content that:
6. Prohibited Conduct
Users agree NOT to engage in:
Fraud Warning: KharayoCares may immediately suspend or terminate accounts involved in fraud and will report such activity to law enforcement. In accordance with the Asset (Money) Laundering Prevention Act, 2008, we will cooperate fully with authorities.
7. Disclaimers and Limitation of Liability
7.1 Disclaimer of Warranties
The Platform and its services are provided on an "as-is" and "as-available" basis, without warranties of any kind.
KharayoCares makes no representations or guarantees regarding the success of campaigns, accuracy of content, use of funds by Organizers/Beneficiaries, or uninterrupted operation of the Platform.
7.2 Limitation of Liability
To the maximum extent permitted by law, KharayoCares, its directors, employees, and affiliates shall NOT be liable for:
- removeAny indirect, incidental, special, or consequential damages, including lost profits, goodwill, or data
- removeAny claims arising from the acts, omissions, or misrepresentations of Organizers, Beneficiaries, or Donors
8. Indemnification
Organizers and Beneficiaries agree to indemnify, defend, and hold harmless KharayoCares, its affiliates, officers, employees, and partners from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:
- shieldFraudulent, negligent, or unlawful use of the Platform
- shieldMisrepresentation or breach of campaign promises
- shieldViolation of these Terms
- shieldInfringement of intellectual property rights or third-party rights
Legal Basis: This clause is enforceable under Section 22 of the Nepal Contract Act, 2056 (2000), which recognizes contracts of indemnity.
9. Dispute Resolution
9.1 Governing Law
These Terms and any disputes arising from the use of the Platform shall be governed by and construed in accordance with the laws of Nepal, without regard to conflict of law principles.
9.2 Informal Dispute Resolution
Users are encouraged to first attempt to resolve disputes informally by contacting KharayoCares' support team. We will make reasonable efforts to resolve complaints or disputes amicably.
9.3 Arbitration Agreement
Any dispute that cannot be resolved informally shall be settled by binding arbitration in accordance with the Arbitration Act, 2055 (1999), aligned with the UNCITRAL Model Law.
- location_onArbitration shall be conducted in Nepal
- languageIn English or Nepali language
- personBefore a single arbitrator mutually agreed upon by the parties
10. Termination
10.1 Termination by KharayoCares
KharayoCares reserves the right to suspend or terminate any account, campaign, or access to the Platform, at its sole discretion, without prior notice, if:
10.2 Termination by the User
Users may terminate their account at any time by contacting KharayoCares' support team.
Note: Termination by the user does not relieve them of obligations incurred prior to termination, including ongoing legal, financial, or indemnification responsibilities. KharayoCares may retain records as required under AML/CFT record-keeping obligations.
11. General Provisions
Entire Agreement
These Terms, together with the Privacy Policy and additional guidelines, constitute the entire agreement between users and the Platform
Severability
If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect
Waiver
Failure to enforce any provision shall not constitute a waiver of the right to enforce that provision in the future
Force Majeure
KharayoCares shall not be liable for delays caused by events beyond reasonable control (natural disasters, strikes, government actions, etc.)
Assignment
Users may not assign rights or obligations without prior written consent. The Platform may assign its rights without restriction
Amendments
KharayoCares reserves the right to modify these Terms at any time. Continued use after changes constitutes acceptance
Questions About These Terms?
If you have any questions or concerns about these Terms and Conditions, please contact us:
KharayoCares
Nepal's Trusted Crowdfunding Platform
Kathmandu, Nepal