- These PayWell Nepal e-Wallet terms & conditions (hereinafter referred to as the “T&C”) are applicable to all the users of PayWell Nepal e-Wallet (hereinafter referred to as the “PayWell Nepal”) and/or the Website and/or the Mobile Application maintained, operated and managed by “PayWell Nepal”.
- The T&C can be amended or updated from time to time by PayWell Nepal and the amendment or update will be effective after posting on this Website or Mobile Application notice to you. Your subsequent access to or usage of PayWell Nepal and/or the Website and/or the Mobile Application shall constitute your acceptance to the amendment, variation, modification or update.
- By accessing or using the PayWell Nepal and/or the Website and/or the Mobile Application, you shall be deemed to have read, understood, accepted and agree to be bound by these T&C and our Privacy Notice available on our Website and/or the Mobile Application. If you don’t agree to these T&C, please don’t access/use or continue to access/use PayWell Nepal and/or the Website and/or the Mobile Application. In any event, PayWell Nepal reserves the right to suspend or terminate your access to or usage of all or any part of PayWell Nepal and/or the Website and/or the Mobile Application at any time without any liability to you.
- We do not represent that PayWell Nepal may be available in all regions and countries around the world. In fact, we reserve the right, in our sole discretion, to limit or terminate your ability to access and use PayWell Nepal from certain regions or countries. In addition to that, you assume all obligations and risks associated with the accessibility and use of PayWell Nepal from any given region or country in the world.
- We are providing PayWell Nepal to you on a “as is” basis, without any warranty of any kind and our liability to you unless otherwise stated in these T&C. We reserve the right to reject any registration or activation of PayWell Account without any reason whatsoever, and we reserve the right to modify or discontinue all or any aspect of the services of PayWell Nepal and/or the Website and/or the Mobile Application at any time either temporarily or permanently.
In these T&C, unless inconsistent with the context or otherwise specified, the following expressions shall have the meaning set forth below:
- Account : Means 10-digits virtual wallet account opened or activated by you to access the virtual wallet.
- PayWell Nepal : Means the virtual wallet that may be used by you to carry out Transactions.
- PayWell Nepal Group: Means PayWell Nepal Private Ltd. (Company Registration Number: 213317/75/076) (PayWell) and any person or entity controlled by, or under common control with PayWell. "Control" means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.
- PayWell Nepal / We / us / our: Means PayWell Nepal Pvt. Ltd. (PAN No: 609517091).
- PayWell Nepal ID : Means the online identity used by you to access the PayWell Nepal and/or other services provided by us.
- Authorized Third Party : Shall mean Merchants, banks, contractors, agents and/or third-party supplier engaged by us from time to time for the purposes of providing certain services to you.
- Bank Account: Means the bank account opened or originated in Nepal.
- Content : Means all forms of text, links, graphics, video, audio, files, data, images, photographs, pictures, gifs, logos, video clips, video streaming, news, live feeds, other data and other information made available to you via PayWell Nepal.
- Limit: The maximum limit in your PayWell Account in the sum of NRs.25, 000 at any point of time. We may revise the amount from time to time, as per the Central Bank Of Nepal.
- Inactive: Means there is no transaction (debit or credit) or activity being carried out by you with regard to the cash balance within PayWell Account.
- Mobile Application: Means the mobile application called PayWell owned, managed and/or operated by PayWell Nepal.
- Merchant(s) : Means the trader, retailer, vendor and such other e-commerce platform that falls within Third-Party Services (hereinafter defined).
- OTP : Means One-time Password that will be sent to your registered mobile phone number or registered e-mail when you administer PayWell Nepal or when you carry out certain Transaction(s).
- Transaction(s): Means transaction, such as Top-up, Refund, Bill Payment, Payment for products and/or services, to add, manage or delete credit card or debit card, and withdrawal, and any other transactions offered or to be offered by PayWell Nepal to you.
- User/you/your: Means individual who has registered a PayWell Account with a PayWell Nepal ID.
- User Generated Content : Means any uploaded material, data shared, or contribution made which includes without limitation all forms of text, links, photographs, graphics, video, audio, files, images, pictures, logos, video clips, video streaming, news, live feed or other data or information posted by any User (including you) via PayWell Nepal.
- Website: Means PayWell Nepal website (www.paywellnepal.com.np) or any other website designed for you to have access to view the Transactions and/or to carry out a Transactions via the PayWell Nepal.
- Working Day: Means a day other than Saturday or public holidays in Kathmandu, Nepal.
To learn about how we collect and protect your personal data, please refer to our Privacy Notice available on the Website and/or the Mobile Application. Any non-personal data or information sent by you to us will generally NOT be treated as confidential. You may need to provide us with personal data such as:
- Name as per Citizenship Card or Passport or PAN Card or Election ID.
- Citizenship number, (image of the Citizenship, Passport, PAN Card or Election ID is required).
- Current Photo.
- Mobile phone number.
- Electronic mailing address.
- Credit and/or debit card information.
- Bank Account Information.
- By you providing the image of your National Identity Card to us, you have given us your explicit consent for us to collect, store and process all your personal data contained therein, including those personal data that may be sensitive in nature such as ethnicity and religion.
We will collect, process, use and share your personal data in accordance with our Privacy Notice and for the following purposes (including but not limited to):
- Account registration or activation and operation.
- Sending of promotional code, voucher points or such other benefits by our affiliates in any manner that they may deem fit (if applicable).
- Process payments and other Transactions.
- Debt recovery and collections.
- Fraud and crime prevention and detection.
- To facilitate regulating bodies’ or authorities’ investigation or enquiry.
- By accessing to or using PayWell Nepal and/or the Website and/or the Mobile Application, you are deemed to have given us your consent to collect, process, use and share your personal data in accordance with our Privacy Notice. If you do not agree to our Privacy Notice, you should not access or use PayWell Nepal and/or the Website and/or the Mobile Application.
- If you are under 18 years old, please refrain from using PayWell Nepal and/or the Website and/or the Mobile Application. If you have any reason to believe that a child under the age of 18, has been accessing or using PayWell Nepal and/or the Website and/or the Mobile Application, please contact us and we will use commercially reasonable effort to verify the age of the said user and take appropriate action accordingly. Otherwise all personal data provided by a user shall be deemed to have been submitted by a user above 18.
- You represent that you will provide true, accurate and complete personal data and other information as may be required throughout your usage of PayWell Nepal, including during the account registration, account termination, KYC (Know Your Customer) form and etc. If any information provided by you is found to be untrue, inaccurate or incomplete, without limiting other remedies available to us, we are entitled to (i) limit or terminate your ability to access and use the PayWell Nepal and/or the Website and/or the Mobile Application to carry out the Transaction including the withdrawal; and/or (ii) report such incident to the relevant authorities.
We are not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below.
- Business Transfer: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
- Authorized Third Party: Where a service from such Authorized Third Party is required, we will share your Personal Data on a strictly confidential basis. Authorized Third Party will not be allowed to use your personal information disclosed to them except for the limited purpose of providing the particular service.
- The PayWell Nepal and the Website and/or the Mobile Application are made available to you at the sole and absolute discretion of PayWell Nepal. You are not allowed to use PayWell Nepal and/or the Website and/or the Mobile Application or any part thereof for any commercial use, whether or not for the purposes of gaining any form of profits from your clients or other third party without our prior written consent. We do not represent that all the features available in the Mobile Application will be available in the Website, or vice versa.
- To use PayWell Nepal, activation is required and the activation is only possible if you have a PayWell Nepal ID. If you do not have a PayWell Nepal ID, please sign up for a PayWell Nepal ID first, it is free. Activation requires you to sign in or login with the PayWell Nepal ID and a password (“Password”) and other personal data and documentation as may be required. An OTP will be sent to your registered mobile phone number and your registered e-mail address and you are required to key in the OTP to complete your activation.
- You undertake that you shall not disclose or reveal your Password and OTP to any third party, including family, friends, PayWell Nepal and the Merchants, and such Password and OTP shall not be easily obtainable by other party and you are solely responsible for keeping the Password or OTP or other account identifiers safe and secure. You are entirely responsible for all activities that occur under such Password or OTP or Account. You undertake to notify us of any unauthorized use of your Password or Account and we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this clause.
- Subject to PayWell Nepal Pvt. Ltd., you may perform top-up to your Account through selected debit card, credit card, bank transfer and other payment channels authorized by us from time to time.
- Subject to other terms in this T&C, you may carry out any of the Transactions subject to the available balance in your PayWell Nepal or Account, if applicable.
- You will be able to view the history of all Transactions of your Account by logging into the Website and/or the Mobile Application. If you are aware of any mistake or error in the Transaction(s) or discrepancy in your PayWell Nepal or Account, you must inform us via phone or electronic mail within 7 Working Days from the date of disputed Transaction(s), failing which, the Transaction(s) carried out shall be deemed valid and accurate. You therefore are advised to check and verify the history of Transactions of your Account on regular basis.
- All the Transactions that are authenticated through the OTP and mobile phone number registered for the Account shall be a binding and conclusive evidence of your Transactions, we will not entertain any request to reverse any such Transaction which has been authenticated through the OTP and the registered mobile phone number.
- All Transactions to be carried out will be subject to PayWell Nepal Pvt. Ltd. The imposition of PayWell Nepal Pvt. Ltd. is to avoid any fraudulent, unauthorized, illegal or unlawful transactions, which may breach the applicable law, regulations and guidelines including but not limited to, Anti-Money Laundering and Anti-Terrorism Financing Act.
- With regard to withdrawal request made by you, this Transaction will only be carried out via the Mobile Application and/or website subject to PayWell Nepal Pvt. Ltd. or the available unutilized balance in your PayWell Nepal and/or Account as at the date of withdrawal, whichever is lower. Such withdrawal will be made to your Bank Account within T (+1) Working Days from the date of submission of duly complete information for the withdrawal request. For clarity, you may only carry out the withdrawal request after you have provided us all the required KYC (Know Your Customer) personal data and documentation for us to validate your identity. At any one time, you are only allowed to carry out as per NRB (Nepal Rastra Bank) guidelines.
- You shall be responsible for payment of all applicable charges or fees incurred or any taxes as a result of your access to the Account or use of PayWell Nepal or to carry out any Transaction.
We reserve the right not to carry out any or all Transactions requested by you if we suspect that:
- The Transaction requested maybe in breach of these Terms and Conditions
- The Transaction request maybe fraudulently issued; or
- The carrying out of the Transaction may compromise the security and integrity of PayWell Nepal services or PayWell Nepal system.
DO’s AND DONT’s
You warrant that when accessing to or using PayWell Nepal and/or the Website and/or the Mobile Application, you will not:
- Attempt to decompile, reverse engineer, disassemble or hack any of our services, including PayWell Nepal, the Website and the Mobile Application, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- Carry out any illegal or fraudulent activity via PayWell Nepal and/or the Website and/or the Mobile Application, including but not limited to any promotion such as sweepstakes, sales or other activities that may infringe any applicable law or regulation;
- Post any User Generated Content that includes any information that you know is false, deceptive or misleading, or contains sexually explicit or pornographic material, including the use of explicit or inappropriate language and/or sexual references or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or political party, or that is threatening, obscene, defamatory, or libelous to any individual or organization, including but not limited to our affiliates, employees, shareholders, directors, contractors, agents and etc.;
- Disclose or share your Password or any of the login details of the Account with any party (whether intentionally or unintentionally) and you shall accept full responsibility for the consequences of this failure to keep the Password or login details secret or to keep the mobile phone with the registered mobile phone number safe with you;
- By act or omission, directly or indirectly, bring PayWell Nepal Group into disrepute;
- Use PayWell Nepal and/or the Website and/or the Mobile Application for any purpose which is against public interest, public order or national security or for any unlawful purposes including but not limited to gambling or other criminal purposes whatsoever which may result in complaints, claims, disputes, penalties or liabilities to PayWell Nepal Group.
In consideration of PayWell Nepal offering you the opportunity to use and/or have access to PayWell Nepal and/or the Website and/or the Mobile Application, you hereby unconditionally and irrevocably:
- Confirm that you have read and understood these T&C and you agree to abide the same accordingly and agree to co-operate;
- Warrant that you have provided us true, accurate and complete personal data and other information as may be required throughout your usage of PayWell Nepal;
- Agree that you shall not without the prior written consent from PayWell Nepal publish, make available, print-screen, distribute or disclose any information to public through any form of communications via, including but not limited to, social media platforms and messenger in connection with your communication with us in relation to PayWell Nepal;
- Agree to be solely responsible for payment of all applicable charges incurred and any taxes as a result of your access / use of PayWell Nepal;
- Warrant and represent that you have all necessary rights, consent and power to enable and authorize PayWell Nepal to have the perpetual right and absolute discretion to broadcast, use, reproduce, edit, modify, adapt, publish, translate, create derivate works from, store, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your User Generated Content worldwide and/or to incorporate your User Generated Content in other works in any Platforms, now known or later developed, for the full terms of any rights that may exist in your User Generated Content, and in accordance with privacy restrictions set out in our Privacy Notice;
- Agree that you are responsible for the User Generated Content posted via PayWell Nepal and all copyright subsisting in the User Generated Content shall belong to PayWell Nepal absolutely;
- Agree that PayWell Nepal reserves the right, at its sole and absolute discretion, to use and exploit the User Generated Content via any means or media and in any platforms and at any time that it deems fit without first obtaining any consent nor making any payment whatsoever to you and/or any third party;
- Agree that whether or not the User Generated Content is broadcasted, used, reproduced, edited, modified, adapted, published, translated, stored, distributed, performed, played or made available to the public by us, we do not guarantee any confidentially with respect to any User Generated Content.
UNAUTHORISED USE OR UNUSUAL ACTIVITIES OF PayWell Nepal OR ACCOUNT
- You agree not to fraudulently register an Account and if we find that you are using fake identity or impersonating another person, we may immediately terminate your ability to access and use PayWell Nepal and/or the Website and/or the Mobile Application and/or report such unusual or fraudulent activity to the relevant authorities.
- You agree to inform us immediately if you are aware of any fraudulent or unauthorized use of your Password, Account or PayWell Nepal or any other breach of security. For absolute clarity, we shall not be liable for any claims, losses or damages caused directly or indirectly from the fraudulent and unauthorized use of your Password, Account, PayWell Nepal or breach of security where you have acted negligently, carelessly or fraudulently.
- We reserve the right to investigate your complaint or any unusual activities of your Account and take appropriate action in our sole discretion, including suspending your Account, reporting such incident or complaint or violation to the appropriate legal authorities. However, PayWell Nepal shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred due to the consequences of such incident (including any unauthorized purchases) and PayWell Nepal shall not be obliged to refund or return any balance in your Account until and unless clearance has been obtained from the relevant authorities, if applicable.
TERMINATION AND REFUND
Termination by You
- In the event you wish to terminate the PayWell Nepal services with us or wish to stop using PayWell Nepal, you may initiate such termination through contacting us via the method set out in clause 12 below.
- If there is unutilized money left in your Account, you must carry out the withdrawal of such unutilized money by following through the withdrawal procedures set out in the Website and/or the Mobile Application including to provide us all the required information, such as your Bank Account for the money to be credited into and etc., within 30 days from the date of submission of duly complete information for the withdrawal.
Termination by us
We reserve the right to limit or terminate your ability to access to your Account and use PayWell Nepal in our sole discretion without liability for whatsoever reason including but not limited to:
- Your violation of any provision of these T&C.
- Suspicious of illegal or fraudulent use of the Account and/or PayWell Nepal.
- Your use of and/or access to PayWell Nepal and/or Account and/or the Website and/or the Mobile Application impairs or threatens to impair the integrity or functionality of our network in any manner.
- Any law, regulation or governmental action renders all or any portion of PayWell Nepal services or the Website and/or the Mobile Application unlawful or impracticable.
We are not obliged to assign any reasons in terminating or limiting your ability to access to your Account.
- Upon such termination by us, we will send notification to you via your registered mobile phone number. If there is unutilized money left in your Account, you will need to respond within 30 days upon receipt of such notification to provide to us your Bank Account for the money to be credited into. If you fail to respond, we reserve our right to handle or process such money in accordance with these T&C and the applicable law, including the Unclaimed Bank and Financial Institution Moneys Act 2073 (2017).
- Upon any termination of PayWell Nepal services, you shall immediately cease carrying out any Transaction (except in relation to withdrawal, if applicable) and upon the date of termination or upon the completion of the withdrawal process by us, whichever later, we may, in addition to any other legal or equitable remedies, immediately revoke all passwords and account identifiers issued to you and deny your use and access to your Account in whole or in part.
- Regardless of whether the termination is initiated by you or by us, we shall not be obliged to release or return any balance in Account if there is any claim of fraudulent and/or illegal use of the Account, until and unless clearance has been obtained from the relevant authorities, if applicable.
- Any termination under this section shall not affect the respective rights and obligations of the parties arising on or before the date of termination.
- We reserve the right to deactivate your Account or limit your use and/or access to PayWell Nepal in the event your Account has been Inactive for more than twelve (12) months consecutively.
- If there is unutilized money left in the Inactive Account, we reserve our right to handle or process such money in accordance with these T&C and the applicable law, including the Unclaimed Bank and Financial Institution Moneys Act 2073 (2017).
EXCLUSION AND LIMITATION OF LIABILITY
- You forever waive, release and discharge PayWell Nepal, its agencies, affiliates, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which you or any party claiming through you hereafter may have arising out of your actions/ access / usage of PayWell Nepal and/or the Website and/or the Mobile Application including (but not limited to) theft, fraud, personal injury, defamation, third party claims and/or damage to property and whether or not direct, consequential or foreseeable.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES AND/OR DAMAGES WHATSOEVER SUFFERED INCURRED AND/OR SUSTAINED BY YOU THAT RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OUR SERVICES, ANY CHANGES TO OUR SERVICES OR UNAUTHORISED ACCEESS TO OR ALTERNATION OF YOUR TRANSMISSION OR DATA, OR COMMUNICATION, TRANSMISSION, MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF OUR PLATFORM OR ARISING IN CONNECTION WITH THE FRAUDULENT OR UNLAWFUL ACTS OF ANY THIRD PARTY, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD PARTY SERVICES AND ADVERTISEMENTS
- Any dealings with third parties (including advertisers) over the Third-Party Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, Merchant or other third party. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a Merchant from any one or more of the Third-Party Services is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. We have no responsibility or liability for any Merchant or your relationship with such Merchant.
- You shall treat all information and knowledge obtained by you in relation to and/or in connection with PayWell Nepal and/or derived as a result of your access / usage of the same, including without limitation PayWell Nepal and/or the Website and/or the Mobile Application Content, conversations, mechanics, selection criteria (“Confidential Information”), as confidential and you shall take all precautions to prevent disclosures of the Confidential Information to any person or entity for any reason.
- You agree to indemnify PayWell Nepal, its affiliates, agents and sponsors from and against all liability, cost, loss or expenses suffered thereby arising out of or as a result of your breach of any of obligations and warranties in the T&C and/or your actions/ access / usage of the PayWell Nepal including (but not limited to) fraud, theft, personal injury, defamation, third party claims, fines or penalties imposed by authorities and/or damage to property and whether or not direct, consequential or foreseeable.
- PayWell Nepal reserves the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates any or part of the provisions in these T&C, including without limitation to reporting such violators to the appropriate legal authorities. You shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of these provisions.
- You acknowledge and agree that all trademark and other intellectual property rights used in relation to PayWell Nepal and/or the Website and/or the Mobile Application or any part thereof belong to PayWell Nepal Group or its licensors.
- The laws of Nepal without regard to its conflict of law provisions shall govern this T&C, and your relationship with us. You and PayWell Nepal agree to submit to the exclusive jurisdiction of the courts in Nepal, to resolve any dispute or legal matter arising from these T&C.
- You acknowledge that your access to or usage of PayWell Nepal shall at all times remain in full compliance with all applicable laws and regulations, including privacy law.
- Our performance of these T&C is subject to existing laws and legal process, and nothing contained in these T&C is in derogation of our right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of and/or access to PayWell Nepal or information provided to or gathered by us with respect to such use or access.
- All rights and privileges herein granted to PayWell Nepal are irrevocable and not subject to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall you have the right to injunctive relief or to restrain or otherwise interfere with PayWell Nepal, the Website, the Mobile Application, the operation and business of PayWell Nepal and/or PayWell Nepal Group.
- Our failure to insist upon or enforce strict performance of any provision of these T&C shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by us in writing.
- The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of these T&C.