MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT ("EULA AGREEMENT")
CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS
IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2026-02-05 12:04:01
1. OVERVIEW
This EULA agreement is a binding agreement, entered into by and between Jajwolya Bajracharya,
registered address , ("Jajwolya Bajracharya") and you, and is made effective as of
the date you download, install or use the Application Mytinerary ("Application") or
from the date of your electronic acceptance.
This EULA agreement sets forth the general terms and conditions of your use of the
Application, provides a license to use Jajwolya Bajracharya Application and contains liability
disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade,
internet-based service, and support service for the Application. Whether you are acquiring
Application directly from Jajwolya Bajracharya or through Jajwolya Bajracharya authorized
reseller your electronic acceptance of this EULA agreement signifies that you have read,
understand, acknowledge, and agree to be bound by this EULA agreement.
The terms "we", "us" or "our" shall refer to Jajwolya
Bajracharya. The terms "you", "your", or "User" shall refer to
any individual or entity who accepts this EULA agreement, uses our Application, or has access
to our Application.
Jajwolya Bajracharya may, in its sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are incorporated herein, at any time, and such
changes or modifications shall be effective immediately upon posting. Your use of this
Application after such changes or modifications have been made shall constitute your
acceptance of this EULA agreement as last revised.
BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST
REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.
2. ELIGIBILITY
Our Application is available only to Users who can form legally binding contracts under the
applicable law. By downloading or using this Application, you represent and warrant that you
are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form
legally binding contracts under applicable law, and (iii) are not a person barred from
purchasing or using the Application e under the laws of the Australia or other applicable
jurisdiction.
If you are entering into this EULA agreement on behalf of a company or any corporate entity,
you represent and warrant that you have the legal authority to bind such corporate entity to
the terms and conditions contained in this EULA agreement, in which case the terms “you”,
“your”, or “User” shall refer to such corporate entity. If you do not have such authority or
if you do not agree with the terms and conditions of this EULA agreement, do not install or
use the Application, and you must not accept this EULA agreement. If, after your electronic
acceptance of this Agreement, Jajwolya Bajracharya finds that you do not have the legal
authority to bind such a corporate entity, you will be personally responsible for the
obligations contained in this EULA agreement.
3. LICENSE GRANT
Subject to the terms of this EULA Agreement Jajwolya Bajracharya hereby grants you a personal,
revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use
the Jajwolya Bajracharya Application on your own, non-commercial use devices in accordance
with the terms of this EULA agreement. The Application is being licensed to you and you hereby
acknowledge that no title or ownership of the Application is being transferred or assigned to
you and this EULA agreement is not to be construed as a sale of any rights of the Application.
You are permitted to load the Jajwolya Bajracharya Application (for example on a mobile,
tablet or laptop) under your control. You are responsible for ensuring your device meets the
minimum requirements of the Jajwolya Bajracharya Application.
4. RESTRICTIONS
Without first obtaining the express written consent of Jajwolya Bajracharya, you may not
assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell,
rent, lease, sublicense or in other way transfer your rights to the Application.
You are not permitted to:
- edit, modify, alter, adapt, or otherwise change the whole or any part of the Jajwolya
Bajracharya Application nor permit the whole or any part of the Application to be combined
with or become incorporated in any other Application or any software, nor decompile,
disassemble or reverse engineer the Application or attempt to do any of the listed actions,
- copy, reproduce, duplicate, resell or distribute in any medium any part of the Application,
except where expressly authorized by Jajwolya Bajracharya,
- remove or alter Jajwolya Bajracharya trademarks or logos or legal notices included in the
Application or related assets,
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy
protection, rights management, or security features in or protecting the Application,
- use the service to try to gain unauthorized access to any service, data, account or network by
any means,
- use the Application in any way which breaches any applicable local, national or international
law,
- use the Application for any purpose that Jajwolya Bajracharya, considers is a breach of this
EULA agreement.
Jajwolya Bajracharya reserves the right to determine in its sole discretion what kind of conduct
is considered to be in violation of the terms of this EULA agreement.
By using our Application you acknowledge and agree that your use of the Application, including
any content you submit, will comply with this EULA agreement and all applicable local, state,
national and international laws, rules, and regulations.
5. INTELLECTUAL PROPERTY
No part of this EULA agreement is or should be interpreted as a transfer of intellectual
property rights. Jajwolya Bajracharya shall retain ownership of the Application as originally
downloaded by you and all subsequent downloads of the Application by you. The Application (and
the copyright, and other intellectual property rights of whatever nature in the Application,
including any modifications made thereto) are and shall remain the property of Jajwolya
Bajracharya.
In addition to the general rules above, the provisions in this Section apply specifically to
your use of Jajwolya Bajracharya content used in the Application (Jajwolya Bajracharya
content). Jajwolya Bajracharya content used in this Application, including without limitation
the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive
features and the trademarks, service marks, and logos contained therein, are owned by or
licensed to Jajwolya Bajracharya in perpetuity, and are subject to copyright, trademark,
and/or patent protection.
Jajwolya Bajracharya content is provided to you “as is”, “as available” and “with all faults”
for your information and personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior written consent of Jajwolya
Bajracharya. No right or license under any copyright, trademark, patent or other proprietary
right or license is granted by this EULA agreement.
6. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you download, install, or use the Application, Jajwolya Bajracharya
may use automatic means (including, for example, cookies and web beacons) to collect
information about your Mobile Device and about your use of the Application. You also may be
required to provide certain information about yourself as a condition to downloading,
installing, or using the Application or certain of its features or functionality. All
information we collect through or in connection with this Application is subject to our
Privacy policy. By downloading, installing, using, and providing information to or through this
Application, you consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
7. UPDATES
Jajwolya Bajracharya may from time to time in its sole discretion develop and provide
Application updates, which may include upgrades, bug fixes, patches, other error corrections,
and/or new features (collectively, including related documentation, "Updates").
Updates may also modify or delete in their entirety certain features and functionality. You
agree that Jajwolya Bajracharya has no obligation to provide any Updates or to continue to
provide or enable any particular features or functionality. Based on your Mobile Device
settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the
Application or portions thereof may not properly operate should you fail to do so. You further
agree that all Updates will be deemed part of the Application and be subject to all terms and
conditions of this Agreement.
8. THIRD-PARTY MATERIALS
The Application may display, include, or make available third-party content (including data,
information, applications, and other products, services, and/or materials) or provide links to
third-party websites or services, including through third-party advertising ("Third-Party
Materials"). You acknowledge and agree that Jajwolya Bajracharya is not responsible for
Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality, or any other aspect thereof. Jajwolya Bajracharya does
not assume and will not have any liability or responsibility to you or any other person or
entity for any Third-Party Materials. Third-Party Materials and links thereto are provided
solely as a convenience to you, and you access and use them entirely at your own risk and
subject to such third parties terms and conditions.
9. JAJWOLYA BAJRACHARYA USE OF USER CONTENT
The Application may allow you to create content such as videos, data, photographs, messages,
graphics, text, and other information (“User Content”), and to share such User Content with
Jajwolya Bajracharya or with other applications, sites, including social networking sites, as
you may designate.
The provisions in this Section apply specifically to Jajwolya Bajracharya use of User Content
posted to or through the Application.
You shall be solely responsible for any and all of your User Content or User Content that is
submitted by you, and the consequences of, and requirements for, distributing it. You agree
that any User Content that you share does not and will not violate third-party rights of any
kind, including and without limitation any Intellectual Property Rights or rights of publicity
and privacy.
With Respect to User Content, by posting or publishing User Content to or through the
Application, you authorize Company to use the intellectual property and other proprietary
rights in and to your User Content to enable inclusion and use of the User Content in the
manner contemplated by this Application and this EULA agreement.
By creating User Content through Jajwolya Bajracharya Application, you hereby grant Jajwolya
Bajracharya a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable, and
transferable license to use, reproduce, distribute, prepare derivative works of, combine with
other works, display, and perform your User Content in connection with this Application,
including without limitation for promoting and redistributing all or part of this Application
in any media formats and through any media channels without restrictions of any kind and
without payment or other consideration of any kind, or permission or notification, to you or
any third party. You also hereby grant each User of this Application a non-exclusive license
to access your User Content through this Application, and to use, reproduce, distribute,
prepare derivative works of, combine with other works, display, and perform your User Content
as permitted through the functionality of this Software and under this EULA agreement.
The above licenses granted by you in your User Content terminate within a commercially
reasonable time after you remove or delete your User Content from this Application. You
understand and agree, however, that Jajwolya Bajracharya may retain (but not distribute,
display, or perform) server copies of your User Content that have been removed or deleted. The
above licenses granted by you in your User Content are perpetual and irrevocable.
Jajwolya Bajracharya generally does not pre-screen User Content but reserves the right (but
undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or
complies with this EULA agreement. Jajwolya Bajracharya may remove any item of User Content if
it violating this EULA agreement, at any time and without prior notice.
10. USER SUBMISSIONS
With Respect to User Submissions, you acknowledge and agree that:
- your User Submissions are entirely voluntary,
- your User Submissions do not establish a confidential relationship or obligate Jajwolya
Bajracharya to treat your User Submissions as confidential or secret.
- Jajwolya Bajracharya has no obligation, either express or implied, to develop or use your
User Submissions, and no compensation is due to you or to anyone else for any intentional or
unintentional use of your User Submissions.
Jajwolya Bajracharya shall own exclusive rights (including all intellectual property and other
proprietary rights) to any User Submissions provided to the Jajwolya Bajracharya and shall be
entitled to the unrestricted use and dissemination of any User Submissions posted to or
through the Software for any purpose, commercial or otherwise, without acknowledgment or
compensation to you or to anyone else.
11. DOWNLOADING THE APPLICATION FROM THE APPLE APP STORE
The following applies to the Application accessed through or downloaded from the Apple App
Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) this EULA agreement is concluded between you and Jajwolya
Bajracharya only, and not Apple; and (ii) Jajwolya Bajracharya, not Apple, is solely
responsible for the App Store Sourced Application and content thereof. Your use of the App
Store Sourced Application must comply with the Apple App Store Terms of Service.
- You will use the App Store Sourced Application only (i) on an Apple-branded product that
runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the
“Usage Rules” set forth in the Apple App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the App Store Sourced Application.
- In the event of any failure of any App Store Sourced Application to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase price for the
App Store Sourced Application to you and to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the App Store
Sourced Application. As between Jajwolya Bajracharya and Apple, any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be the sole responsibility of Jajwolya Bajracharya.
- You and Jajwolya Bajracharya acknowledge that, as between Jajwolya Bajracharya and Apple,
Apple is not responsible for addressing any claims you have or any claims of any third party
relating to the App Store Sourced Application in your possession and use of the App Store
Sourced Application, including but not limited to (i) product liability claims; (ii) any
claim that an App Store Sourced Application fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar
legislation.
- You and Jajwolya Bajracharya acknowledge that, in the event of any third party claim that an
App Store Sourced Application or your possession and use of that App Store Source
Application infringes that third party’s intellectual property rights, as between Jajwolya
Bajracharya and Apple, Jajwolya Bajracharya, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by this EULA agreement.
- You and Jajwolya Bajracharya, acknowledge and agree that Apple and its subsidiaries are
third-party beneficiaries of this EULA agreement and that upon your acceptance of this EULA
agreement, Apple will have the right (and will be deemed to have accepted the right) to
enforce this EULA agreement.
- By using the App Store Sourced Application you represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
- Without limiting any other terms of this EULA agreement, you must comply with all applicable
third-party terms of agreement when using the App Store Sourced Application.
12. DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Jajwolya Bajracharya, APPLICATION IS
PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND DEFECTS AND Jajwolya Bajracharya,
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.
Jajwolya Bajracharya MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON
THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Jajwolya Bajracharya
MAKES NO WARRANTIES THAT THE OPERATION OF THE APPLICATION WILL BE SECURE, ERROR-FREE, OR FREE
FROM INTERRUPTION.
NO ORAL OR WRITTEN ADVICE PROVIDED BY Jajwolya Bajracharya OR ANY AUTHORIZED REPRESENTATIVE OR
THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR
LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR
YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Jajwolya Bajracharya,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS
AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION, (III) OR FROM THE
FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHEATHER DUE TO A BREACH OF
CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Jajwolya Bajracharya OR ANY OTHER PARTY,
EVEN IF Jajwolya Bajracharya IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY,
FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF
SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF
THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Jajwolya
Bajracharya’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW)
EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIMITATION APPLIES, BUT IT IS
NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE
THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT
LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND
SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.
14. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Jajwolya Bajracharya and its
officers, directors, employees, agents from and against any and all claims, demands, costs,
expenses, losses, liabilities, and damages of every kind and nature (including, without
limitation, reasonable attorneys’ fees) imposed upon or incurred by Jajwolya Bajracharya
directly or indirectly arising from (i) your use of the Application; (ii) your violation of
any provision of this Agreement; and/or (iii) your violation of any third-party right,
including without limitation any intellectual property or other proprietary rights. The
indemnification obligations under this section shall survive any termination or expiration of
this Agreement or your use of Application.
15. AVAILABILITY OF APPLICATION
Subject to the terms and conditions of this Agreement and our policies, we shall use
commercially reasonable efforts to attempt to provide this Application on 24/7 basis. You
acknowledge and agree that from time to time this Application may be inaccessible for any
reason including, but not limited to, periodic maintenance, repairs or replacements that we
undertake from time to time, or other causes beyond our control including, but not limited to,
interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Application on
a continuous or uninterrupted basis and that we assume no liability to you or any other party
with regard thereto.
16. TERMINATION
This EULA agreement is effective from the date you first download, install or use the
Application and shall continue until terminated. You may terminate this Agreement by deleting
the Application and all copies thereof from your Mobile Device.
This EULA agreement will also be terminated immediately if you fail to comply with any term of
this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will
immediately terminate and you agree to stop all access and use of the Application. The
provisions that by their nature continue and survive will survive any termination of this EULA
agreement.
Jajwolya Bajracharya reserves the right to cease offering or providing Application at any
time, for any or no reason, and without prior notice. Although Jajwolya Bajracharya makes a
great effort to maximize the lifespan of the Application, it might be, that the Application we
offer will be discontinued. If that is the case, this EULA agreement will be terminated, and
the Application will no longer be supported by Jajwolya Bajracharya.
Upon termination, all rights granted to you under this EULA agreement will also terminate and
you must cease all use of the Application and delete all copies of the Application from your
Mobile Device and account.
17. COMPLIANCE WITH LOCAL LAWS
Jajwolya Bajracharya makes no representation or warranty that all the content available on
this Application is appropriate in every country or jurisdiction and use of this Application
from countries or jurisdictions where its content is illegal is prohibited. Users who choose
to use this Software are responsible for compliance with all local laws, rules, and
regulations.
18. GOVERNING LAW
This EULA agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation shall be governed by and construed in accordance with the laws of
Australia, to the exclusion of conflict of law rules.
19. TITLES AND HEADINGS
The titles and headings of this EULA agreement are for convenience and ease of reference only
and shall not be utilized in any way to construe or interpret the agreement of the parties as
otherwise set forth herein.
20. LIMITATION OF TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. SEVERABILITY
Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a
separate and independent covenant or agreement. If a court of competent jurisdiction holds any
provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or
otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA
agreement shall not be affected thereby and shall be found to be valid and enforceable to the
fullest extent permitted by law.
22. CONTACT INFORMATION
If you have any questions about this EULA agreement, please contact us by email or regular
mail at the following address:
Jajwolya Bajracharya
[email protected]