- 1 INTRODUCTION
- 2 DEFINITIONS AND INTERPRETATIONS
- 3 ELECTRONIC CHANNELS
- 4 ELIGIBILITY
- 5 VISITOR REGISTRATION AND SECURITY
- 6 PERMITTED AND LIMITS TO ACCESS
- 7 DISCLAIMERS:
- 8 MOBILE AND OTHER DEVICES
- 9 ABOUT ADVERTISEMENTS
- 10 SPECIAL PROVISIONS APPLICABLE TO APPLICATION
- 11 OUTGOING LINKS
- 12 TERMS OF DELIVERY OF SERVICES
- 13 REFUNDS AND CANCELLATIONS
- 14 NOTICES AND ALERTS:
- 15 Transaction Status
- 16 REMITTANCE FACILITY
- 17 INTELLECTUAL PROPERTY RIGHTS
- 18 PRIVACY
- 19 NO AGENCY
- 20 DEMISE OF ORIGINAL USER
- 21 INDEMNITY
- 22 CLOSING ACCOUNT
- 23 TERMINATION
- 24 GOVERNING LAW & JURISDICTION
- 25 NO WAIVER
- 26 LIMITATION
- 27 NOTICES
- 28 MISCELLANEOUS
This agreement lists out various terms and conditions (T&Cs) which govern your access to eSewa account as well as the services which are offered by eSewa. Kindly read these terms and conditions carefully since they contain important and key provisions as to your access to eSewa services including delivery, contingent liabilities, chargebacks, and cancellations. You must accept and agree to abide by the Terms and Conditions before accessing or using the Electronic Channels or availing of any of the facilities, products or services offered on the Electronic Channels. 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.
In case you do not agree to accept and abide by the Terms and Conditions stated herein, please do not access or use this Electronic Channels or any pages thereof and please do not avail of any of the Facilities, products or services offered on or through the Electronic Channels.
DEFINITIONS AND INTERPRETATIONS
In these Terms and Conditions (including the Introduction above), unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them here under:
“eSewa” means Payment Service Provider (PSP) offering payment intermediation service between user and service provider through digital wallet based fund transfers.
“Account” means eSewa account.
“Registration” means registration of users mobile number or email ID as per registration procedure of eSewa.
“eSewa ID” means your Mobile phone number/e-mail address which is used during registration.
“eSewa Account” means digital wallet account maintained at eSewa by a customer.
“Visitor” means a customer, a registered merchant or any person who accesses or visits the eSewa’s website.
“Registered Merchant” means any business entity /organization having separate legal existence and identity which is registered as per companies act or similar legislation of Nepal, selling products or rendering services that are not prohibited under any applicable law of Nepal and willing to accept payments for sales through eSewa after undergoing merchant registration process as specified.
“Customer“, means a person or organization who applies to, or registers to use, or use the service to make Payment transactions using eSewa.
“Products“, means any merchandise, goods or services that are listed for sale for customers.
“Load” means transfer/deposit of money in eSewa wallet from financial institutions, via different electronic and over-the-counter channels.
“Cash-In” means deposit of money in eSewa wallet of user through authorized Cash-In agents appointed by eSewa.
“Withdraw” means withdrawing money from eSewa wallet through different electronic channels.
“eSewa Web Application” means the eSewa web portal which can be reached using web address www.esewa.com.np
“eSewa Mobile Application” means application developed for mobile devices based in all platforms.
“Notice” means any information (whether written or oral) issued/communicated by eSewa to the visitors, customers or the merchants from time to time.
“Service” means any present or future facility or service displayed or offered on or through the Electronic Channels of eSewa.
“Electronic Channels” means all the electronic media that can be used to access the services provided by eSewa (www.esewa.com.np) and its authorized mobile application.
The Electronic Channels facilitates the display and offering of payment services for customers and merchants registered for facilities by eSewa on a no-liability and no-obligation basis. Information and facilities on the electronic channels may be displayed and offered in a phased manner at the discretion of eSewa. eSewa have the right to introduce new information and facilities in its discretion and add, modify, suspend or withdraw any information or facility or the terms thereof in whole or in part with/without any prior notice.
If any of the Terms and Conditions are not acceptable to you or you disagree with any material on the electronic channels, your sole and exclusive remedy is to discontinue using the electronic channels.
eSewa services are not available to persons under the age of 16 or to anyone previously suspended or removed by eSewa from availing the eSewa Services or accessing the eSewa platform.
In case of a corporation, trust, association of persons or a firm, which can enter into legally binding contracts under applicable law and shall be authorized to agree to the Terms and Conditions and to access, use and avail the Website and the Services.
Thus, by accepting the T&Cs or by otherwise using the eSewa Services on the Platform, 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. Further, documents and information provided to us are true and complete in all respect. You shall not impersonate any person or entity or mislead or otherwise misrepresent your identity, age or affiliation with any person or entity.
Over and above the present Terms and Service, Merchants shall agree and qualify all the requirements, and provisions as specified under Merchant Agreement.
Furthermore, in the event of any violation of the T&Cs, eSewa reserves the right to suspend or permanently preclude such user from availing eSewa Services or using the eSewa Platform. Such suspension may be with or without prior notice, at discretion of eSewa. Further, eSewa also reserves the right to block (whether debit block, or credit block or both debit and credit block, as the case may be) users’ ID if necessitated by circumstances thereunder.
Apart from suspension and blocking of ID, eSewa has right to debit or credit the wallet if the circumstances required it to do so. Such debit/credit of wallet may be with or without prior information to the concerned user. However, eSewa is liable to produce the supporting document of such action if the user demands for the same.
VISITOR REGISTRATION AND SECURITY
As required by the NRB policy, a user must provide their real name and information. Being the first online payment gateway of Nepal, it is our responsibly towards our users, and nation to be bound by the relevant law of the land. We strive for your continuous support and suggestions in order to be complied with all such requirements.
Here are some commitments we seek from your side in respect of registration and maintenance of security of your account:
We collect and process your personal information, such as your name, e-mail address, mobile telephone number and few other legal documents when you sign up and later. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for.
If any changes have to be made in the information that you have provided, for example; if you change your telephone number, or if you wish to cancel your account, please update your details by sending your request at [email protected]. We will, to the best of our abilities, effect such changes as requested within fifteen (15) business days of receipt of the notice of the change.
You can only use eSewa once you have registered/signed up for it. Upon successfully registering/signing up, eSewa will provide you with a personal account that can be accessed with a password from website and MPIN (Mobile Personal Identification Number) from a compatible mobile application.
Only the user whose name is registered as the user is allowed to access the account and transact. Assigning your accounts to any third party and authorizing others to use your identity or account is strictly prohibited. You must keep your account password and any identification that eSewa provides you, secured and confidential.
Limited access is provided to the Electronic Channels to non-registered visitors and they may not access several services which have been marked only for registered users and merchants who have gone through a merchant sign-up and verification process.
You agree to provide complete and true information in the information fields contained in the registration form or the merchant sign up form and to be timely updated and accurate in cases of any changes. In case of any default in submitting such information, the registered visitor shall be wholly responsible for any liability flowing from such breach. Further, the registered visitor or the merchant shall also be liable for indemnifying eSewa in case of any losses suffered by eSewa on account of such breach on part of users/merchant.
Subject to the other Merchant Agreement, upon registration as a registered user, the Electronic Channels will register your Registered User ID and Registered User Password; upon registration as a Customer, the Electronic Channels will register your Customer ID and Customer Password.Upon issuing the Customer ID and the Customer Password the Customer will be solely and wholly responsible for maintaining the secrecy and confidentiality. This clause specifically comprehends that any loss out borne from unauthorized use of the Customer ID and the Customer Password shall be at the risk and consequence of the Registered User or the Merchant. eSewa will not be liable in any case for such unauthorized transactions arising from the negligence of the Registered User or the Merchant.
In case of loss or reset request for the password, a written request shall be sent to [email protected] eSewa may apply reasonable verification procedures to ascertain the identity of the registered user and may only send a communication to the email registered
Notwithstanding anything stated elsewhere in the Terms and Conditions, and despite correct use of your ID and password, eSewa shall be entitled in its sole discretion (but shall not be bound) to seek additional written/oral confirmation from you of any instruction, transaction or activity as eSewa may deem fit.
The information provided by the eSewa must not be construed as an advice or an offer; the decision to use the Service Provider is entirely yours.
- You are not permitted to use eSewa 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 eSewa, or create an account for anyone other than of yourself without permission.
- You undertake that you will use the eSewa only for its intended use to obtain the Service. You may not abuse or use the eSewa 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 eSewa.
- You will deploy services without engaging in any unlawful, threatening or harassing behavior or activities whilst using eSewa services.
- You will not create more than one personal account.
- If we disable your account for any of your activity causing disrepute to eSewa 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 eSewa wallet. If wallet balance is found beyond the permissible limit , such ID will be blocked by eSewa with/without prior information of any nature(either oral/written) and eSewa 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.
PERMITTED AND LIMITS TO ACCESS
Visitors, Registered Users, and Merchants are specifically prohibited from the following:
- Attempt to decompile or reverse engineer the working modality of the eSewa and its electronic channels, disassemble or otherwise attempt to discover the source code as regards eSewa Services or eSewa Platform or any part thereof, except expressly permissible by applicable law.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the eSewa services and the eSewa Platform or features that enforce limitations on the use of the eSewa Services or the eSewa Platform
- Deliberately interfere with or damage operation of the eSewa Services or the eSewa Platform by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features
- modify,copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, services obtained on or through esewa.com.np, except as permitted by the copyright owner or other right holders thereof.
- Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful components;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Electronic Channels for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
- Restrict or inhibit any other person from accessing, using and enjoying the services of Electronic Channels.
- Publish any advertisements, solicitations, chain letters, Ponzi schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding.
Upload, post, publish, reproduce, transmit or distribute in any way any component of the Electronic Channels itself or derivative works with respect thereto, except as permitted by eSewa or the copyright owner or other right holders thereof, the Electronic Channels being copyrighted under the relevant laws.
- You will not make any attempt to hack into the Electronic Channels or otherwise attempt to subvert any firewall or other security measures of the Electronic Channels and if you become aware of any shortcoming in the security on the Electronic Channels you shall forthwith inform eSewa of the same in writing.
- Sending, Receiving or transacting on eSewa for the exchange of goods and services that are prohibited, restricted or otherwise deemed illegal according to Prevailing Laws of Nepal is strictly prohibited.
- Registered Users and Merchants are also prohibited from using eSewa services to enable payments for the services and goods deemed illegal by the prevailing laws of Nepal.
- If the Electronic Channels contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities(collectively, “Forums”), you agree to use the forums only to send and receive messages and material that are proper and related to the particular Forum.
- You shall use any software provided on, by or through esewa.com.np only for the purposes for which it has been provided to you and for no other purpose.
- Using Send Money service for the purpose of buying/selling goods and services, foreign currencies, gift cards, gaming coins/cards/utilities, remittance and other deemed illegal by prevailing laws of Nepal Government.
- Registered Merchants are authorized to sell goods and services that are stated in merchant agreement only.
eSewa is an intermediary and merely facilitates as a payment gateway between the merchants and customers. eSewa does not, at any point of time during any transaction between the customers and the merchants, take the ownership of any of the products/services provided by merchant. Thus, eSewa is not a warrantor/guranteer of the any products/services being offered on eSewa by various Merchant. eSewa just acknowledges the payments.
It is strictly prohibited to transact and depict your eSewa ID as eSewa merchant, unless you are registered merchant of eSewa. If any such case has been found, then eSewa can immediately block such wallet with/without any prior notice (either oral/written) and can take necessary action as required. Nature of the action taken, may vary depending upon the circumstances and cases.
Registered Merchants are authorized to sell goods and services that are stated in merchant agreement only. Selling of goods and services other than stated in Merchant agreement is strictly prohibited. If such cases are found, eSewa shall block the Merchant account and prevent the merchant from receiving any further payment of the goods and services and freeze the amount available in the account.
You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed as per the terms and conditions of the Merchant and you agree to handle such issues and disputes directly between you and the merchant. You acknowledge that eSewa gives no guarantee, either expressed or implied, regarding the use or availability of services or bookings made by you through our channel.
eSewa makes available general Third Party Content. The provision of third party content is for general informational purposes only.You hereby acknowledge that the third Party content provided to you is obtained from sources believed to be reliable on. eSewa does not provide any guarantee with respect to any the third party content and eSewa shall not be held liable for any loss suffered by you based on its reliance or use of such third party content.
Access and use of Electronic Channels and the services are entirely at your own risk. eSewa and its authorized agents disclaim all warranties or guarantees – whether statutory, expressed or implied warranties concerning the availability, accuracy, usefulness, correctness and completeness of information, Facilities, products or services and any warranties of title, warranty of non-infringement of proprietary rights, freedom from computer virus, warranties of merchantability or fitness for a particular purpose.
The eSewa services and 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”, basis and without warranties or representations of any kind either expressed or implied.
You expressly agree that use of the eSewa Services on the eSewa Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all services, merchandise, opinions, advice, and other information provided on our official site or on the internet generally.
By opening and using eSewa account, you agree to comply with all the terms and conditions in this user agreement. Agreeing with terms and conditions stipulated herein allows you to own a user account. User account is for general purpose use only. Using your user account for business purpose is out of scope of this agreement and hence regarded as breach of agreement terms. This covers activities including but not limited to use of user account to collect/disburse payment for business activities, carrying logo/ registered trademark of eSewa, publishing user account details for payment collection, using for over-the-counter payments etc.
eSewa does not warrant that the eSewa services will be uninterrupted or error-free or that defects in the site will be corrected.
We strictly prohibit anyone to make any warranty on our behalf hence, you should not rely on any such statement. eSewa will not be liable in any way for any incidental, consequential, or indirect damages arising out of the use of or inability to use the eSewa Platform. No advice or information, whether oral or written, obtained by you from eSewa or through the eSewa Services or the eSewa Platform will create any warranty or guarantee other than those expressly stated herein.
Although eSewa attempt to ensure the integrity of the Electronic Channels by adopting security measures and best industry practices for the electronic channels, however they do not assure or guarantee in any way, that no person will overcome or subvert the security measures and gain unauthorized access to the electronic channels or any customer’s eSewa account ,eSewa shall not be responsible or liable if any unauthorized person hacks into or gains access to the Electronic Channels, any facility or your accounts. A possibility exists that the Electronic Channels could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions or alterations could be made by third parties to the Electronic Channels. Thus, you assume total responsibility and risk for your access and use of the Electronic Channels, all site-related services and all Facilities, products, services mentioned or advertised on or accessed or availed on or through the Electronic Channels. eSewa shall not be responsible for any unauthorized interception of e-mail to/from you or eSewa.com.np.
If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of eSewa shall not exceed the amount paid by you to eSewa for that service only.
While eSewa shall endeavor that your instructions and your transactions pursuant to services provided by eSewa are communicated, carried out and/or performed promptly, we do not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed eSewa in any case shall not be responsible for any delay in communicating, carrying out or performance of any instructions or transactions due to any reason whatsoever, including by reason of failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other natural disasters, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labor problem, strike or any other reason beyond the control of eSewa.
MOBILE AND OTHER DEVICES
Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, may apply to some carrier and can change from time to time.
In the event, you change, lost or deactivate your mobile number, you have to update your account information on our customer support division within 48 hours of such event, to ensure that your balance or services are not misused by any means.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on eSewa.
Our goal is to deliver notification and alerts through advertising content that is valuable to our eSewa users. Advertising Program enables to promote eSewa services or products, through eSewa-hosted banners and buttons on your websites or in customer emails. eSewa may change the content provided through this program at any time for any reason.
SPECIAL PROVISIONS APPLICABLE TO APPLICATION
If you download eSewa application, you agree that from time to time, the application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the software.
10.2. You are not permitted to modify, create derivative works, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or unless we provide you with expressed written permission for the same.
Clicking on certain portions or links within the Electronic Channels might take you to other websites without any intimation or indication of doing or having done so. The linked Websites are not under the control of eSewa and we assume no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise.
eSewa also does not represent or warrant that these links operate satisfactorily. eSewa provides these links only as a convenience and links to external web sites do not constitute an endorsement by us.
TERMS OF DELIVERY OF SERVICES
The Electronic Channels primarily facilities the display and offering of Services by Merchants and eSewa on a no-liability and no-obligation basis as regards to eSewa. Though eSewa has conducted its own diligence in selecting the merchants it is not responsible for the conduct of these Merchants. These Merchants are independent third-parties outside our control.
The merchant may put into place its own agreements and terms and condition for the delivery of goods and services. We are not governed by these agreements and are independent third parties to your transaction with the Merchant.
In order to avail specific services of eSewa, merchants have to agree with these terms and conditions as well as the merchant’s agreement and the merchant sign-up and verification process. If you wish to avail of a service, you may be asked by eSewa to supply certain information, including but not limited to Bank Account No. or other payment mechanism information. You agree that all information you provide will be accurate, complete and current. You agree not to hold eSewa liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant.
eSewa in offering any service sets its own prices and terms may change from time to time. However, these will be subject to prior notice.
The records of access, instructions, transactions and other activities maintained or caused to be maintained by eSewa through its or a third party’s computer systems or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.
REFUNDS AND CANCELLATIONS
The cancellation/refund in respect of the bookings and charges, if any, will be governed as per the terms and conditions of the Merchant. eSewa has no role in governing refund/cancellation charges. eSewa, being merely a payment gateway will not be responsible for refund/cancellation including any charges arising therefrom. The merchant is solely responsible for the content/listings/bookings made available by it through the eSewa Platform and you should contact the respective Merchant directly in relation to the above mentioned queries.
Refund will be only processed if eSewa accepts an application and when it meets the qualification criteria. eSewa reserves the right to reject the application without providing any explanation.
NOTICES AND ALERTS:
eSewa continuously endeavor to ensure that ‘Notices and Alerts’ are communicated to users in accordance with your instructions in this regard. However, eSewa shall not be held responsible or liable for non-dispatch or delay in dispatch of the alerts for any reason whatsoever.
Under no circumstances eSewa shall be liable for any costs, damages or other amount whatsoever for such non-dispatch or delay in dispatch or any non-receipt or delay in receipt of the Notices or Alerts. Non- receipt of Notices or Alerts will not discharge or reduce your liability to pay any amount to eSewa which would have been payable otherwise in the event of proper receipt of the Notices or Alerts.
The actual funds corresponding to the user’s eSewa balance is in the custody of our settlement bank.
“Transaction Status” means an indicator of stages in relation to the payment transaction. Transaction status can be Success, Pending, or Cancelled.
Success status means the transaction has been completed, and Beneficiary Merchants or Bank account or eSewa account has received the transaction amount.
Canceled status means the transaction has been canceled, and the transaction amount has been reverted or refunded back to the respective eSewa account.
Pending status means the transaction is yet to be completed. Due to some technical or other issues at eSewa or Merchant or Bank, the transaction could be in a pending state. At pending state, the Beneficiary Merchants or Bank account or eSewa account might or might not receive the transaction amount. If a transaction status is indicated as “pending”, we advise the customer to contact eSewa as soon as possible to take further action. After analyzing the issue, eSewa will then change the status of the transaction to either success or canceled after verification.
eSewa shall not be held liable for any liabilities resulted thereafter for the transaction in a pending state.
Subject to the relevant regulatory approvals and terms and conditions imposed while granting the necessary approvals and other terms of these Services, on it being made available, will allow purchases of goods & services online.This facility is a technology platform for a facility that enables remitting services within Nepal.
eSewa shall in no way be held responsible and/or be liable for any queries, errors, disputes or delays in messaging, money transmission, payment to the beneficiaries of the remittances or any other query, claim or dispute.
eSewa will, however, assist users in contacting the Bank/Merchant to facilitate resolution of such queries, claims and disputes to the best of eSewa’s ability. The above terms and conditions are in addition to the additional terms and conditions relating to the services appearing elsewhere on this Electronic Channels or otherwise now or hereafter agreed or deemed to be agreed by you.
INTELLECTUAL PROPERTY RIGHTS
eSewa is the only owner and authorized user of its registered trademark (tradename “eSewa” with label and logo) and/or service mark appearing on the Electronic Channels, and is the copyright owner or licensee of the content and/or information on the Electronic Channels including but not limited to any text, images, illustrations, audio clips, video clips appearing on the Electronic Channels. All the rights on the Electronic Channels are reserved and you may not download and/or save a copy of the Electronic Channels or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means – electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of eSewa(except as otherwise provided on the Electronic Channels or in the Terms and Conditions for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits eSewa. If any violation of the same has been found then eSewa can take legal action as per “The Patent, Design and Trademark Act, 2022 (1965)”.
However, you may print a copy of the information on this Site for your personal use or records. This site is for your personal use. If you make other use of this Site, except as otherwise provided above, or violate copyright and other laws of Nepal, then shall be liable to penalties and/or fines and/or imprisonment as the case may be. eSewa do not grant any license or other authorization to the user of its trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Electronic Channels.
Access to the Electronic Channels, its services, and agreement with the “Terms and Conditions” do not create an agency, partnership, joint-venture or employer-employee relationship between user and eSewa except where otherwise specifically agreed or appointed.
DEMISE OF ORIGINAL USER
The title in property held in user’s wallet shall be transmitted to the account of legal heir(s), as defined by the law of Nepal. However, claim has to be done within 5 years from the date of demise. eSewa process the request based on submission of necessary documents evidencing such legal relationship.
In case the claim is not made within the period as described above, the amount shall be transferred to the Separate Fund created by eSewa and utilization of the fund shall be as per the guidelines provided by the concerned regulatory body.
You agree to defend, indemnify and hold eSewa, its directors, advisors, officers, employees, Affiliates Partners, and Content and Service Providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys’ fees, arising in any way from your use of the Electronic Channels or the placement or transmission of any message, information, software or other materials through the Electronic Channels by you or users of your ID and password or related to any violation of the Terms and Conditions by you or users of your ID and password, and any claims dispute or differences between you and any Supplier.
If anyone brings a claim against us related to your actions, content or information on eSewa, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on eSewa and are not responsible for the content or information users transmit or share on eSewa. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on eSewa. We are not responsible for the conduct, whether online or offline, of any user of eSewa.
We try to keep eSewa, Error-Free, and safe, but you shall use it at your own risk. We are providing eSewa “as is” without any express or implied warranties including, but not limited to implied warranties.
eSewa account user must email us regarding closing account and withdraw any eSewa balance from eSewa account prior closing it.
In certain cases, you cannot close your eSewa account. Some of those cases are:
- Suspicious transaction
- Pending transaction
- Blocked account
If so stated by government agencies or authorized personnel from eSewa.
You acknowledge and agree that eSewa may, with notice, suspend or terminate your ID, password or account or deny you access to all or part of the Electronic Channels or any Services if you engage in any conduct or activities that eSewa in its sole discretion believes not in line with Terms and Conditions, violate the rights of eSewa, or is otherwise inappropriate for continued access. Further, if eSewa gets knowledge of the death of a user, bankruptcy or lack of legal capacity or of circumstances which has a material impact on the credit worthiness of user(which shall be determined at the sole discretion of eSewa) or for any other reason which eSewa thinks fit and proper. Such suspension or termination may be for the entire service or part thereof.
You acknowledge and agree that eSewa may in its sole discretion deny you access through the Electronic Channels or to any materials stored on the Internet, or to access third-party services, Facilities, merchandise, or information on the Internet through the Electronic Channels, and eSewa shall have no responsibility to notify you or third-party providers of Facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
Registered Users and Merchants may request for termination of this Facility at any time by giving written notice of at least ninety (90) days to eSewa. The termination shall take effect on the completion of the fifteenth (15th) day from the date of receipt of the notice by eSewa. Provided however that you will remain responsible for any transactions entered into by you and all obligations incurred by you until the time of such termination.
Upon termination for any reason, users agree to immediately stop using the eSewa Services/eSewa Platform.
GOVERNING LAW & JURISDICTION
The Electronic Channels, the Terms and Conditions, all transactions entered into on or through the Electronic Channels, and the relationship between you and eSewa shall be governed by and construed in accordance with the laws of Nepal and no other nation, without regard to the laws relating to conflicts of law.
You and eSewa agree that all claims, differences, and disputes arising under or in connection with or pursuant to the Electronic Channels, the Terms and Conditions, any transactions entered into on or through the Electronic Channels or the relationship between you and eSewa shall be subject to the exclusive jurisdiction of the competent courts located in Kathmandu, Nepal and you hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if eSewa so thinks fit eSewa may institute proceedings against you in any other court or tribunal having jurisdiction.
eSewa accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of Nepal. The mere fact that the Electronic Channels can be accessed or used or any facility can be availed of in a country other than Nepal would not mean that the laws of such country would be applicable.
Subject to the other Terms and Conditions and applicable law, the Electronic Channels and the Facilities are offered to residents of Nepal.
Access to the Electronic Channels, its service, agreement with the Terms and Conditions does not create an agency, partnership, joint-venture, or employer-employee relationship between you and eSewa or any Service Provider, except where otherwise specifically agreed or appointed.
The failure or delay of eSewa to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. No waiver on the part of eSewa shall be valid unless it is in writing signed by or on behalf of eSewa. A waiver of any right or provision by eSewa on a particular occasion shall not prevent eSewa from enforcing such right or provision on a subsequent occasion.
Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the Electronic Channels or any Facility or the Terms and Conditions must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.
eSewa may provide you notices and communications by e-mail, letter, telephone or any other means as eSewa may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to eSewa by you in writing by delivering them by hand or by sending them by post to eSewa’s address mentioned on the Electronic Channels. eSewa may, but shall not be bound to, act upon notices and instructions given by you to eSewa by e-mail, letter, telephone or any other means as eSewa may deem fit.
In addition, eSewa may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Merchants in a newspaper circulating in Nepal or on its Electronic Channels. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).
Documents which may be sent by electronic communication between the parties may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Electronic Channels shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by you to eSewa. eSewa shall also be entitled to act on the basis of any instructions received or purported to be received by eSewa from you by e-mail or other electronic means or via the internet. eSewa shall also be entitled (but not bound) to act upon fax instructions and communications.
The clause headings in the Terms and Conditions are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the Terms and the Conditions.
eSewa may sub-contract or employ agents to carry out any functions or services relating to the Electronic Channels or any of its obligations under the Terms and Conditions.
You must at your own cost: provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
In case of joint accounts, each account holder may not be authorized to act independently. For the joint accounts, you must be the first joint account holder and the Customer ID and the Customer Password may be issued only to you. The other joint account holders shall be deemed to have given his/her/their consent to such arrangement. All correspondence will be addressed to you as the first joint account holder only. All the Terms and Conditions and all transactions arising in the joint accounts from the use of any Facility shall be binding on all the joint account holders, jointly and severally.
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The conditions stated in these Terms and Conditions are in addition to the other terms and conditions stated elsewhere in the Electronic Channels. In particular, and without prejudice to the above, these Terms and Conditions are in addition to the terms, conditions, procedures and agreements applicable in respect of each services which are stated at the appropriate places in respect of each service or in the agreements to be entered into between eSewa and you / the concerned parties in respect of each Facility.