Welcome to MyPay Wallet! We are delighted to have you on board. These Terms and Conditions ("Terms") outline the rules and regulations for the use of MyPay Wallet's application and website ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.
Our Services are designed to provide you with a secure, efficient, and user-friendly experience for managing your finances. To ensure that all users can enjoy the benefits of MyPay Wallet, we have established these Terms to promote a fair and respectful environment.
Please take the time to read these Terms carefully. They cover important information regarding your legal rights, responsibilities, and the limitations that apply to you. If you have any questions or need further clarification, do not hesitate to contact our customer support team.
Please note that by clicking on “Sign Up” it will be deemed that you have read and understood the Terms and Conditions and thereby agree to accept and abide by them.
Eligibility
To use MyPay Wallet's Services, you must meet the following eligibility criteria:
- Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
- Legal Capacity: You must have the legal capacity to enter into a binding contract with us.
- Accurate Information: You must provide accurate, current, and complete information during the registration process and maintain and promptly update your Account information to keep it accurate, current, and complete.
- Compliance with Laws: You must comply with all applicable laws and regulations when using our Services.
- Non-Exclusion: You must not be a person who is barred from receiving the Services under the laws of any applicable jurisdiction, including the country in which you reside or from which you use the Services.
By using our Services, you represent and warrant that you meet all the above eligibility requirements. If you do not meet these requirements, you must not access or use the Services.
Account Security
Your MyPay Wallet account security is paramount. As a user, you agree to the following provisions to ensure the safety and integrity of your account:
- Confidentiality of Credentials: You are responsible for maintaining the confidentiality of your account information, including your password. You must not share your password with anyone or allow others to access your account.
- Notification of Unauthorized Use: You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You can contact our customer support team through the contact information provided on our website or app.
- Responsibility for Account Activity: You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account information or comply with these security obligations.
- Secure Access: You agree to use secure methods to access our Services, such as logging out from your account at the end of each session and using secure, private internet connections.
- Updating Security Information: You agree to keep your contact information and security questions up to date to ensure we can communicate with you about any security concerns.
- Multi-Factor Authentication: We recommend enabling multi-factor authentication (MFA) for an additional layer of security. If offered and enabled, you agree to follow the procedures for MFA to enhance your account's protection.
- Prohibited Activities: You must not use any automated means, such as bots or scripts, to access your account or the Services. Any such activities may result in suspension or termination of your account.
By adhering to these security measures, you help protect your account and our Services from unauthorized access and potential misuse. We appreciate your cooperation in maintaining a secure environment for all MyPay Wallet users.
Visitor Registration and Security
To ensure the security and integrity of MyPay Wallet’s Services, the following terms apply to all visitors, whether registered or unregistered:
Registration:
- Registration Requirement: Some features of our Services may be accessible only to registered users. You may be required to register for an account to access certain areas or features.
- Accurate Information: If you choose to register, you must provide accurate, current, and complete information as prompted by the registration form and maintain and promptly update your registration information to keep it accurate, current, and complete.
- User Credentials: During registration, you will create a username and password. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Security:
- You are not permitted to use MyPay and its electronic Channels for any purpose which is unlawful as per constitution of Nepal.
- You are not allowed to provide any false personal information in MyPay, or create an account for anyone other than of yourself without permission.
- You undertake that you will use the MyPay only for its intended use to obtain the Service. You may not abuse or use the MyPay for fraudulent purposes or to cause any inconvenience to others.
- You will keep confidential and will not abuse the information and services you receive from using the MyPay.
- You will deploy services without engaging in any unlawful, threatening or harassing behavior or activities whilst using MyPay services.
- You understand and agree that your use of MyPay will also be subject to our Privacy Policy as may be amended from time to time. By using MyPay, you also give your consent as required under our Privacy Policy.
- You will not create more than one personal account.
- If we disable your account for any of your activity causing disrepute to MyPay or for any other reason, you will not create another one without our permission.
- You are not allowed to hold more balance than permitted ceiling in MyPay wallet. If wallet balance is found beyond the permissible limit, such ID will be blocked by MyPay with/without prior information of any nature (either oral/written) and MyPay may report such ID to the concerned body/authority if so required by the circumstances. Please be noted that the allowable limit for wallet balance, transactions, may change from time to time.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or), let anyone else access your account, or do anything else that might jeopardize the security of your account.
Data Privacy:
- Information Collection: We collect and use information about visitors as described in our Privacy Policy. By using our Services, you agree to our collection, use, and disclosure practices as outlined in the Privacy Policy.
- Cookies and Tracking Technologies: We use cookies and similar tracking technologies to enhance your experience on our website. By using our Services, you consent to our use of these technologies as described in our Cookie Policy.
Access Restrictions:
- Account Termination: We reserve the right to suspend or terminate any visitor’s access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
- Service Interruptions: We may from time to time temporarily or permanently modify or discontinue all or part of the Services without notice and without liability to you.
By accessing or using our Services, all visitors agree to comply with these Registration and Security terms. Your cooperation is essential in maintaining a safe and secure environment for all users of MyPay Wallet.
Permitted and Limits to Access
The list you provided outlines a series of prohibited actions for visitors, registered users, and merchants when using MyPay and its electronic channels. Here is a summary of the key prohibitions:
- Decompiling or Reverse Engineering:
- Users are forbidden from attempting to decompile, reverse engineer, disassemble, or discover the source code of MyPay services or platforms, except as allowed by law.
- Interfering with Security Features:
- Users must not interfere with, disable, or damage security features or features that enforce limitations on the use of MyPay services or the platform.
- Damaging Operations:
- Deliberate interference or damage to the operation of MyPay services or platforms, including the dissemination of malicious code, is prohibited.
- Intellectual Property Infringement:
- Users cannot modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, designs, logos, trademarks, software, or services obtained from MyPay, unless permitted by the copyright owner.
- Transmission of Harmful Software:
- Posting or transmitting viruses, Trojan horses, worms, or other harmful components is forbidden.
- Commercial Exploitation:
- Users cannot exploit any information, software, or other materials from MyPay for commercial purposes without express permission.
- Restricting Access:
- Actions that restrict or inhibit other users from accessing and enjoying MyPay services are prohibited.
- Unsolicited Communications:
- Posting advertisements, solicitations, chain letters, Ponzi schemes, or engaging in spamming and flooding is not allowed.
- Unauthorized Reproduction and Distribution:
- Unauthorized uploading, posting, publishing, reproducing, transmitting, or distributing any components of MyPay’s electronic channels or derivative works is forbidden.
- Hacking and Security Breaches:
- Attempting to hack into MyPay’s electronic channels or subverting security measures is prohibited. Any security shortcomings discovered must be reported to MyPay in writing.
- Illegal Transactions:
- Using MyPay to send, receive, or transact for goods and services that are illegal under Nepali law is strictly prohibited. This includes the use of the Send Money service for buying/selling goods and services, foreign currencies, gift cards, gaming coins/cards/utilities, and remittance that are deemed illegal by prevailing laws.
- Forum Conduct:
- If MyPay provides forums, users must use them only for appropriate and related messages and materials.
- Software Usage:
- Any software provided by MyPay must be used only for its intended purpose.
- Merchant Restrictions:
- Registered merchants can only sell goods and services specified in their merchant agreement with MyPay.
This comprehensive set of rules aims to maintain the security, integrity, and proper use of MyPay’s services and platforms, while ensuring compliance with legal standards.
Bill Payments
The text outlines the terms and conditions for using MyPay’s Bill Payment Service. Here is a summary of the key points:
Access and Fees
Access to the Internet:
- Users need internet access and the necessary equipment to connect to the World Wide Web.
- Users must pay any service fees associated with internet access.
Service Fees:
- MyPay and/or its Business Partners can charge fees for using the services.
- These fees become effective when posted on the MyPay’s website or communicated through MyPay Business Partner channels.
- Users must regularly check for fee updates.
Payment Reversal Charges:
- If users stop or seek a reversal of payment instructions, MyPay can charge fees for this service.
- These fees will be deducted from the user's designated Payment Account or other methods as decided by MyPay.
- Service Features and Variability
Payment Methods and Features:
- MyPay offers secure bill payments to identified Billers using a valid Payment Account.
- Features, number of available Billers, types of Payment Accounts, access modes, and charges may differ based on the MyPay Business Partner.
List of Billers and Payment Accounts:
- MyPay can add or remove Billers or types of Payment Accounts.
- Payment types and associated fees can vary based on Biller specifications and payment methods (e.g., Card vs. Bank Account).
User Responsibilities
Providing Accurate Information:
- Users must provide true, accurate, current, and complete Registration Data, Payment Data, and Biller Data.
- Users must update this information promptly.
Consequences of Inaccurate Information:
MyPay can suspend or terminate accounts if the provided information is found to be untrue, inaccurate, or incomplete.
Payment Instructions and Liability
MyPay’s Liability:
MyPay is not responsible for failed payments due to:
- Incomplete, inaccurate, invalid, or delayed Payment Instructions.
- Insufficient funds/limits in the Payment Account.
- Encumbrances or charges on the Payment Account.
- Refusals or delays by the user’s bank or NCHL.
- Non-processing by the Biller.
- Circumstances beyond MyPay’s control (e.g., natural disasters, strikes, system failures).
Failed Payment Notification:
Users will be notified by email if a bill payment fails for any reason.
This summary covers the essential aspects of using MyPay’s Bill Payment Service, highlighting the importance of accurate information, variability in service features and fees, user responsibilities, and circumstances where MyPay is not liable for failed payments.
Ticket Booking
The provided text outlines the terms and conditions for using MyPay’s Ticket Booking Service. Here's a summary of the key points:
Role of MyPay
Ticket Seller Only:
- MyPay functions solely as a ticket seller, not as the operator of the travel service.
- MyPay is responsible for issuing valid tickets and providing refunds and support for cancellations.
Responsibility Limitations:
- MyPay is not responsible for delays or cancellations of the transport service due to unavoidable reasons.
- Any refunds or claims due to non-functioning or unavailability of transport services must be settled directly with the travel operator.
Customer Responsibilities
Accurate Information:
- Customers should provide correct details such as name, phone number, and email ID.
- Accurate details are crucial for notifications about delays or cancellations of the travel service.
Communication Failures:
- Even if an email or SMS notification is delayed or fails due to technical problems or incorrect user details, the ticket is still considered booked.
Cancellations and Refunds
Cancellation Policy:
- Ticket cancellations will adhere to the cancellation policy specified on the ticket, determined by the service provider, not MyPay.
- MyPay does not determine cancellation charges.
Fare and Discounts:
- Cancellations are based on the actual fare of the tickets.
- If a coupon code was used for booking, cancellations will be calculated based on the discounted value.
Boarding Requirements
Ticket and Identity Proof:
- Passengers must carry a copy of the ticket (printout or email) and an identity proof (Passport or Citizenship) when boarding.
This summary emphasizes MyPay’s role as a ticket seller, outlining its responsibilities and limitations. It also highlights the importance of providing accurate information, understanding cancellation policies, and the necessity of carrying proper documentation for boarding.
Communication Policy
The text outlines the communication policy for customers using MyPay’s services. Here's a summary of the key points:
Acceptance and Alerts
Consent for Alerts:
- By accepting the terms and conditions, the customer agrees to receive alerts on the mobile phone number provided during registration or any updated number informed by the customer.
- Alerts will be received only if the mobile phone is turned on. If the phone is off, alerts may be delayed or missed.
Efforts and Responsibility:
- MyPay will make best efforts to provide the alert service.
- It is assumed that the customer receives the alert once sent to the provided mobile number.
- MyPay is not responsible for verifying the identity of the person receiving the alert.
- MyPay cannot be held liable for the non-availability of the alert service.
Service Limitations and Customer Responsibilities
Additional Facility:
- The SMS alert service is an additional convenience and may have errors, omissions, or inaccuracies.
- Customers must inform MyPay immediately if any error is observed, and MyPay will try to rectify it promptly.
- MyPay is not liable for any loss, damages, or expenses incurred due to the SMS service.
Factors Affecting Service:
- The quality and timeliness of the alerts depend on various factors including service provider infrastructure and connectivity.
- MyPay is not responsible for non-delivery, delayed delivery, or distortion of alerts.
Indemnification
Customer's Indemnity:
- The customer agrees to indemnify MyPay and the SMS service provider against any damages, claims, losses, or expenses arising from:
- Misuse, improper, or fraudulent information provided by the customer.
- Incorrect phone numbers or numbers belonging to third parties.
- Messages related to reservations, travel information, booking confirmations, modifications, cancellations, schedule changes, delays, and rescheduling.
Feedback and Grievances
Feedback Calls:
- By accepting the terms, the customer agrees to receive calls from MyPay on the registered mobile number for collecting travel feedback.
Reporting Issues:
- Grievances and claims related to the service must be reported to the MyPay support team within 10 days of the transaction.
This summary highlights the customer's agreement to receive alerts and calls, acknowledges the limitations and responsibilities associated with the SMS service, and outlines the process for reporting grievances. Customers are expected to provide accurate information and cannot hold MyPay liable for certain service limitations.
Use of Site
The provided text outlines the terms for the use of the MyPay site. Here's a summary of the key points:
Information, Products, and Services
Non-endorsement by MyPay:
- Except for information, products, or services explicitly indicated as supplied by MyPay, the company does not operate, control, or endorse any information, products, or services available on the internet.
Downloading Files
No Guarantees on File Safety:
- MyPay cannot guarantee or warrant that files available for download through the site will be free of viruses, worms, or other harmful code.
User Responsibilities
Implementing Safety Procedures:
- Users are responsible for implementing procedures to meet their specific requirements.
- Users must ensure the accuracy of data input and output when using the site.
This summary emphasizes that MyPay does not endorse all internet content, cannot ensure downloaded file safety, and places responsibility on users to protect their systems and data.
Refund Policy
The provided text outlines MyPay’s Refund Policy for services purchases. Here is a summary of the key points:
Final Sales
- All sales of services are final with no refunds or exchanges permitted.
- Users are responsible for ensuring the accuracy of the mobile number or DTH account number for which they purchase recharge services.
- MyPay is not responsible for incorrect purchases made to the wrong mobile number or DTH account number.
Handling Failed Transactions
Reporting Issues
- If a recharge is not delivered within 24 hours of completing a transaction, users should report the issue via email to the customer service address provided on the Contact Us page.
- The email should include the following details:
- Mobile number (or DTH account number)
- Operator name
- Recharge value
- Transaction date
- Order number
Investigation and Refund
- MyPay will investigate the incident.
- If it is confirmed that money was charged without service delivery, MyPay will refund the amount within 15 working days from the date of receiving the email.
This summary highlights that all sales are final with no refunds or exchanges, the user's responsibility to provide correct account details, and the procedure for reporting and resolving issues with undelivered recharges.
Prohibited Activities
The provided text outlines the restricted activities for users of MyPay’s services. Here's a summary of the key points:
Prohibited Actions
Compliance with Agreements and Laws:
- Do not breach MyPay’s user agreement, terms and conditions, commercial entity agreements, or any other agreement with MyPay.
- Do not violate any laws, statutes, ordinances, or regulations, including those governing financial services, consumer protections, false advertising, and anti-money laundering.
Intellectual Property and Counterfeiting:
- Do not infringe on MyPay’s or any third party's intellectual property rights, such as copyright, patent, trademark, trade secret, or rights of publicity or privacy.
- Do not sell counterfeit goods.
Behavioral Conduct:
- Do not act in a defamatory, trade libelous, threatening, or harassing manner.
- Do not provide false, inaccurate, or misleading information.
- Do not send or receive potentially fraudulent funds or engage in suspicious activities and transactions.
Cooperation and Investigation
Investigation Compliance:
- Cooperate with investigations and provide confirmation of identity or any other requested information.
- Do not attempt to receive funds from both MyPay and another party (e.g., seller, bank, card issuer) for the same transaction.
Business Conduct:
- Conduct business in a way that does not result in unresolved complaints, fees, fines, penalties, liabilities, or losses to MyPay, other MyPay customers, third parties, or yourself.
- Do not circumvent MyPay policies or account determinations, such as suspensions or restrictions, by opening new accounts with false information or using someone else's account.
User Interactions and Privacy
Harassment and Privacy:
- Do not harass or threaten MyPay employees, agents, or other users.
- Do not disclose or distribute another user's information without their consent, and do not use such information for marketing purposes.
Account Security:
- Keep account passwords confidential and do not use anyone else's password.
- MyPay is not responsible for losses due to misuse of passwords.
- Authorized Use and Brand Protection
Personal Use:
- Use MyPay accounts for personal use only, not for commercial purposes, unless you have written consent or an agreement with MyPay that complies with prevailing laws.
Brand Integrity:
- Do not misuse MyPay accounts or use MyPay’s logo and trademark in a way that harms MyPay’s brand value and reputation.
This summary highlights the prohibited activities for MyPay users, emphasizing compliance with agreements and laws, proper conduct, cooperation with investigations, protection of user information and account security, and restrictions on commercial use and brand integrity.
Actions Against Any Restricted Activities
The provided text outlines the actions MyPay may take if users engage in restricted activities. Here's a summary of the key points:
Determination and Responsibility
Violation Assessment:
- MyPay has the authority to determine whether a user's behavior violates the provisions of the Agreement.
- If a violation is found, MyPay can terminate access to services and take legal action based on the severity of the violation.
- Users are fully responsible for any loss incurred by MyPay due to actions against the agreement.
Potential Actions by MyPay
If MyPay believes a user has engaged in restricted activities, it may take various actions to protect itself, its customers, and others at its sole discretion. These actions include, but are not limited to:
Account Actions:
- Terminate User Agreement: End the user agreement, limit the user's MyPay account, and/or close or suspend the account immediately and without penalty to MyPay.
- Refusal of Services: Refuse to provide MyPay services now and in the future.
- Hold MyPay Balance: Hold the user's MyPay balance if reasonably needed to protect against the risk of liability to MyPay or a third party, or if the user has violated terms and conditions.
Legal and Law Enforcement Actions:
- Contact Law Enforcement: Report the user's actions to law enforcement.
- Take Legal Action: Initiate legal proceedings against the user.
Information and Compliance:
- Update Information: Update any inaccurate information provided by the user.
- Responsibility for Damages: Hold the user responsible for any damages caused to MyPay due to the violation of terms and conditions.
This summary highlights MyPay’s right to determine violations, potential actions it may take against users who engage in restricted activities, and the user's responsibility for any resulting losses or damages. The measures include account termination, refusal of services, holding balances, contacting law enforcement, updating information, and pursuing legal action.
Advertisement Policy
Regulatory Disclosures and Legal Restrictions:
- All MyPay Digital advertising must comply with regulatory disclosures.
- Some advertising activities are legally restricted by Nepalese laws and require proper approval or agreement from MyPay.
Compliance and Approval:
- The compliance department ensures all regulatory and disclosure requirements are met and maintains copies of all advertising for review.
- Management must approve content and cost.
- Marketing efforts must comply with the Consumer Protection Act, 2075.
User Restrictions:
- Users cannot use or advertise their MyPay account for commercial purposes without written approval from MyPay.
- Unauthorized use of the MyPay logo and trademark is prohibited and can lead to legal action.
Advertising Mediums:
- Various mediums can be used for advertising, including television, radio, social media, and more.
Dispute and Grievances Policy
Dispute resolution procedures are outlined in the Dispute and Grievances Policy available on the MyPay website. Only disputes meeting the policy's requirements will be entertained.
Breach on T&C
Liability for Violations:
- Users violating the Terms and Conditions (T&C) are liable for damages to MyPay.
- A penalty of NRP 50,000/- per violation is considered a reasonable minimum estimate of damages.
Account Actions:
- MyPay may deduct damages directly from any existing MyPay balance.
- Upon account closure or service termination, notice will be provided and unrestricted funds made available for withdrawal.
User Responsibility:
Users are responsible for all claims, fees, fines, penalties, and liabilities caused by their breach of the user agreement.
Fraud or Unauthorized Use
Responsibility:
- Users are responsible for any unauthorized use of their personal or financial information.
- Unauthorized activities as stated by the Government of Nepal are strictly prohibited.
Reporting Unauthorized Use:
- Users must contact Customer Service immediately if they believe their account has been accessed or used unauthorized.
Risk Monitoring: Unusual or Suspicious Transactions
Monitoring Transactions:
- MyPay monitors transactions for high-risk or suspicious activities and may block access to accounts if suspicious activity is detected.
Rejection of Transactions:
- Transactions may be rejected for risk management, suspicion of fraud, illegal activities, etc.
- Funds from rejected transactions will be handled according to applicable laws.
Ownership: Proprietary Rights
MyPay owns the services and the site, including all visual interfaces, graphics, design, and other elements protected by intellectual property laws. Unauthorized use of these materials is prohibited and can lead to legal action.
Termination: Agreement Violation
Account Termination:
- MyPay can suspend or terminate accounts at its discretion without penalty.
- Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement.
User Agreement:
- Users must stop using the services immediately upon termination.
Limitation of Liability and Damages
Liability Limitation:
- MyPay and its partners are not liable for special, indirect, incidental, consequential, or punitive damages.
- Total liability is limited to the amount paid by the user or Rs. 1000, whichever is less.
Basis of Bargain:
- The limitations of liability are a fundamental basis of the agreement between the user and MyPay.
Indemnification
Users agree to indemnify MyPay and its affiliates from any claims, losses, or damages arising from misuse of services or violation of the agreement. MyPay may assume defense at the user's expense.
Disclaimer: No Warranties
MyPay disclaims all warranties, express or implied, regarding the services and the site. Users use the services at their own risk.
Amendment of this Agreement
MyPay can change the terms and conditions at its discretion. Changes become effective 24 hours after posting. Users must terminate their use of services if they disagree with any modifications.
Notice
MyPay may provide notices via email, regular mail, the MyPay website, or push notifications. Users must send notices to MyPay by courier or registered mail.
Waiver
MyPay’s failure to enforce any right or provision of the agreement does not constitute a waiver of such rights.
Governing Laws and Jurisdictions
Dispute Resolution:
- Disputes may be resolved by binding arbitration in Kathmandu, Nepal, as per the Arbitration Act, 2055.
- The agreement is governed by The National Civil Code, 2017.
Conflict of Provisions:
Contradictory provisions of the agreement will become invalid to the extent of contradiction with Nepalese laws.
Severability
If any provision of the agreement is held to be unlawful or unenforceable, it will be limited or eliminated to the minimum extent required, with the remaining provisions remaining valid.
Assignment
Users cannot transfer or assign their rights without MyPay’s prior written consent. MyPay can assign its rights without restriction.
Survival
Provisions that should survive termination will continue to apply after the agreement ends.
Entire Agreement
This is the entire agreement between the user and MyPay, and it can only be modified in writing or by MyPay’s changes to the agreement.
