Terms and Conditions
Terms and Conditions for Customer
Use of the Namaste Pay Services
These terms and conditions (“T&Cs”) are a binding contract between you and Namaste Pay. Please carefully read the following terms and conditions before accessing or using the www.namastepay.com website, Unstructured Supplementary Service Data (USSD) and the (Namaste Pay) mobile application (the "Service") operated by Nepal Digital Payments Company Limited ("us", "we", “NDPC” or "our"). Youmust agree to these Terms and Conditions before availing any services offered by Namaste Pay on the Namaste Pay Platform which may include services such as recharge or bill payment, digital products and marketplace service or any other service that may be offered by Namaste Pay.
By clicking on the Log In button or using our Services through website, USSD and the mobile application, you are agreeing to be bound by and are becoming a party to these terms. Additionally, by clicking Log In you agree to transact with us electronically. This means you agree to receive electronically or through SMS all disclosures, communications, notices and other information that we may send to you or be required to send to you under applicable law or otherwise pursuant to the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the services and/or immediately terminate the services and/or uninstall the mobile application.
- “Namaste Pay” means mobile financial service provided by NDPC under the license provided by NRB
- Device : Any laptop, Mobile, Tablets or anything with which you will be able to use our services.
- IP address : Every Device connected to the internet is assigned with a number known as Internet Protocol (IP) address. It can often be used to identify the location from which a device is connecting to the internet
- Service : Refers to the services provided by Namaste Pay as in the relative terms and on this platform.
- Namaste Pay Cash/Money : shall refer to an electronic money within our platform to valid customers for easy and convenient usage of payments including sending and receiving payments electronically.
- Namaste Pay App : shall refer to the Service application running on mobile devices where our customer can avail of various Services.
- Wallet : shall refer to electronic storage that would store electronic money, which resides in the Namaste Pay system. It is an account that is generally linked to the Namaste Pay customer’s mobile number.
- User : shall refer to Customer, Merchant, and Agent of Namaste Pay.
- Merchant : shall refer to person/entity that accepts Namaste Pay cash in exchange for goods and services.
- Agents : shall refer to person/entity that accepts Cash-in and Cash-out including transaction and behalf of Namaste Pay customers
- Cash-In :shall refer to the process of loading balance into the Namaste Pay wallet through cash or bank transfer.
- Cash-Out : shall refer to the process of converting Namaste Pay cash to physical cash or bank balance.
- Know Your Customer or KYC : shall refer to the process of establishing the identity of the Namaste Pay customer as required by the guidelines of Nepal Rastra Bank (NRB), also known as Customer Verification document.
- Mobile Personal Identification Number, MPIN, or PIN : shall refer to the four (4)-digit security personal identification number of, and nominated by, the Namaste Pay Customer used for all Namaste Pay transactions.
- Short Message Service or SMS : shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.
- USSD : shall mean the Unstructured Supplementary Service Data of mobile network operator used to avail of the Namaste Pay services.
- QR code : shall refer to a specific Quick Response code associated with the Namaste Pay account that allows user to Send Money or perform transactions.
- Customer : shall refer to a person/entity who registers for Namaste Pay Service.
1. Prerequisite Criteria
The Namaste Pay Services are not available to persons previously suspended or removed by Namaste Pay from availing the Namaste Pay Services or accessing the Namaste Pay Platform. By accepting the T&Cs or by otherwise using the Namaste Pay Services on the Namaste Pay Platform, you represent that You are at least 16 years of age and have not been previously suspended or removed by Namaste Pay, or disqualified for any other reason, from availing the Namaste Pay Services or using the Namaste Pay Platform. In addition, you represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Furthermore, the mandatory information and officially valid document details mentioned by you are true & correct and belong to You. Finally, in the event of any violation of the T&Cs, Namaste Pay reserves the right to suspend or permanently prevent you from availing Namaste Pay Services or using the Namaste Pay Platform.
2. Login/ Registration
The registration process forthe Namaste Pay Account requires you to provide us with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us. In order to use and access the full features of Namaste Pay Services, you need to register on the Namaste Pay App and keep your KYC details and contact information complete and updated at all times.
Once you have successfully registered/logged in, we will provide you with a personal account that can be accessed with a MPIN (Mobile Personal Identification Number) inNamaste Paymobile application.
3. Your Login Information
Your customer ID/username, your password and MPIN/PIN(collectively “the Password”) are for your use and protection. You agree to: (a) not disclose the Password, or other means to access the Service or your Accounts, or otherwise make it available to anyone else; (b) use the Password as instructed in the Guides; (c) immediately notify us of any loss or theft of the Password; and (d) be liable for the Password and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your Password as your authorization for any Transaction through the Service. You are responsible for all Transactions you initiate or authorize using the Service. If you permit any other person to use the Service or your Password or other means to access your account, you will have authorized that person to access your Accounts and you are solely responsible for any Transactions that person initiates or authorizes from your Accounts.
4. Types of Available Transactions and Services
The Namaste Pay Service is made available by NDPC to the Namaste Pay users at the NDPC’s sole and absolute discretion for the following purposes:
- Proceed payment for any purchase of goods and/or services
- Proceed payment of bills and utilities
- Top-ups and withdrawals
- Cash in and Cash out
- Money Transfer
- Request Money
- Add Money to Wallet
- Transfer Money to Bank
- Value Added Services e.g., Balance Check, PIN Change, Mini Statement (details of the last 5 Transactions); and/or
- To carry out any other additional transactions or facilities available under the Namaste Pay Service which shall be detailed in the Websites/ mobile application from time to time.
5. Transaction Limit
The limitation related to daily and monthly usage of wallet is as per the guidelines issued by Nepal Rastra Bank and the policy of Namaste Pay.
6. Invalid and Disputed Transaction
You accept that transactions will not be completed in case of insufficiency of balance or considered invalid if the transaction is deemed fraudulent or otherwise illegal.
You accept that, if any valid claimrelated to the validity of the transaction is registered, such transaction shall be deemed disputed transaction. The disputed transaction includes but not limited to i) unauthorized charges ii) excessive charges iii)billing errors vii)technical timeouts and system processing errors, etc.
7. Closing the Account
Namaste Pay usersmay request to close their Namaste Pay Wallet and withdraw their available balance in their account at any time by contacting our customer support team. Contact details of the customer support team are available at our website. In certain cases, you cannot close your Namaste Pay account. Some of those cases are:
- Suspicious Account
- Pending Account
- Blocked Account
The withdrawal of the balance from these accounts shall only be allowed after the issues with those accounts are cleared as per the rules and decision of NDPC.
8. Prohibited Activities
Visitors and Registered users are prohibited from the below mentioned activities:
- Post or transmit any message, data, image or software which contains harmful components like viruses and is offensive in nature.
- Breach and violation of these Terms and Conditions.
- Use the Namaste Pay if You are under the age of 16years without a parental sponsor or, in any event, use the Namaste Pay Services if You are under the age of 10 years old even with a parental sponsor and in accordance with applicable law
- Attempt to decompile, reverse engineer, or otherwise access or attempt to access the source code relating to Namaste Pay Services, or make or attempt to make any modification to the Namaste Pay Services or Namaste Pay Platform
- Attempt to interfere in any way with the website, terminals, platform software, database or any other physical resource / infrastructure of Namaste Pay.
- Attempt to use the website, terminals, workstations or other computing resources of Namaste Pay to gain unauthorized access to any other external network or system.
- Interfere with, circumvent, or modify any security mechanism used by or on behalf of Namaste Pay, including in the mobile app.
- Damage, disable, overburden, impair or interfere with operation of the Namaste Pay Services or the Namaste Pay Platform by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
- Intentional Creation of false identity or engagementin fraudulent activities.
- Deliver false, inappropriate or misleading information in connection with your user account in Namaste Pay application or in any Namaste Pay platforms
- Availing or launch automated device or system such as, any robot, web spider/crawler, site search/retrieval application or other automated, process, or means to access, retrieve, scrape or index any portion of our Services or any content available through our website.
- Transactions on products and services that may cause damage, harm or injury. (e.g., guns and other weapons, explosive drugs)
- Use the Namaste Pay Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Namaste Pay, a third party or You.
9. Intellectual property rights
NDPC is the sole owner of its registered trademark (“Namaste Pay”) with label, logo and the services, including but not limited to content, user interface, graphics, audio clips, video clips, editorial content and the scripts and software used to implement the services that contain proprietary information and materials that is owned and operated by NDPC and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the services in compliance with this agreement. You agree not to copy, reproduce, republish, upload, post, transmit or distribute such material in any way directly or indirectly, including by email or other electronic means and You must not assist any other person to do so. If any violation of the same has been found then NDPC has right to take legal action as per “The Patent, Design and Trademark Act, 2022 (1965)”.
You accept and agree that Namaste Pay at its sole discretion may terminate the service with or without prior notice and restrict your access to Namaste Pay application for any reason and at any time, upon electronic notice to you at your registered email address under circumstances including but not limited to the following:
- If we determine that, you have not performed your activities as perthese terms and conditions.
- The information you have provided to obtain your Namaste Pay Wallet is false, inaccurate, not current, or incomplete.
- Breach of any prevailing acts, statutes, laws, by-laws, rules and/or regulations.
- Upon termination for any reason, you agree to immediately stop using the Namaste Pay services.
11. Refunds and Cancelation
Namaste Pay, being merely a payment service provider will not be responsible for refund/cancellation including any charges arising therefrom. The merchant is solely responsible for the service/ content/ listings/ bookings made available by it through the Namaste Pay Platform and you should contact the respective Merchant directly in relation to the refunds or cancellations of the order placed by you or on behalf of you. Refund process is subject to delay caused due to banking procedures. In the case of refund, cancellation, unsuccessful transaction and ambiguous transactions in services, the concerned third party (Merchant/ Bank) may take necessary and appropriate action to reverse the unsuccessful/ cancelled transaction upon receiving the notification from Namaste Pay. In case of any support, you may contact us via customer service email with the necessary details of transaction process. Namaste Pay shall not be responsible for any purchase/ transfers/ recharge for an incorrect user or the account number or any other incorrect transactions initiated by Customer.
You agree to indemnify, save, and hold Namaste Pay, its affiliates, employees, officers, directors, and partners harmless from and against all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, in connection with (i) a material violation of these terms and condition or (ii)Your use or misuse of the Namaste Pay Services or of the Namaste Pay Platform (iii) your negligence or willful misconduct (iv) any dispute between you and a third party, including any Namaste Pay Merchant or financial institutions; or (v) your violation of any third party’s rights, including any intellectual property rights.
The failure of Namaste Pay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
14. Modification of this contract
Namaste Pay reserves right to change and update our Services from time to time. We may add or remove features including without limitation making free services into paid services and vice versa at any time posting notification on the Namaste Pay Platform or otherwise communicating the notification to You.
15. Dispute and its Settlement
If any dispute, controversy, or claim arises under this Agreement or in relation to any Namaste Pay Service or the MFS Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafterDispute), the parties shall use all reasonable endeavorsto resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, NDPC may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of prevailing laws of Nepal. All charges and expenses in this regard shall be paid by the respective individuals. We will not be responsible for the occurring charges and other costs recurring during dispute by any means.
16. Governing Law
This Agreement shall be governed by and construed in all aspects in accordance with the prevailing laws of Nepal. The parties hereto each undertakes to comply with all laws and regulations as may be applicable to the performance of its obligations under this Agreement.
To the maximum extent permissible pursuant to under applicable law of the federal democratic republic of Nepal and payments act 2019 given by Nepal Rastra Bank, we and our third-party partners disclaim all warranties or guarantees.
Whether statutory, express, or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from us or through our Services or the MFS Platform will create any warranty or guarantee other than those expressly stated herein.
For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Namaste Pay” includes NDPC officers, directors, employees. You acknowledge that Namaste Pay is a reseller of mobile recharges and services and is not liable for any third party (telecom companies, mobile operators, or suppliers) obligations due to rates, quality, and all other instances, whether to any such telecom companies’ subscribers or otherwise. You expressly agree that use of the Namaste Pay Services on the MFS Platform is at your own risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the site or on the Internet generally.
Namaste Pay does not warrant that the Namaste Pay's Services will be uninterrupted or error-free or that defects in the site will be corrected. The Services and the MFS Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Namaste Pay Services/ MFS Platform or any reference sites/platforms/apps/services at your own discretion and risk and that You will be solely responsible for any damage to your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data.
Although we do our best to monitor and improve how we protect your personal data, we cannot fully guarantee the security of your data which is transmitted to our website or other products and services via an internet or similar connection and any transmission of data to our site is at your own risk. Please keep this in mind when disclosing any personal information to us or to any other party via the Internet. You hereby acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
Namaste Pay may provide you notices and communications by e-mail, letter, telephone or any other means to the address provided by you. Notices under the Terms and Conditions may be given to Namaste Pay by you in writing by delivering them by hand or by sending them by post to Namaste Pay’s address mentioned on the Namaste Pay platforms.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
20. Force Majeure
Namaste Pay shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of Namaste Pay Wallet if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
You hereby agree to declare that the details furnished in the KYC are true and correct and undertake to inform us in writing of any changes therein, immediately or as requested by us. In case any of the above information is found to be false or untrue or misleading or misrepresenting, you are aware that you shall be held liable for it as per the prevailing law.