Terms & Conditions

USE OF THIS SERVICE IS TO THE FOLLOWING TERMS AND CONDITIONS OF SERVICE:

Introduction:

These are the Terms and Conditions of Service ("Terms") under which Lenden Sewa Pvt. Ltd. ("Hamro Pay" or "We" or "Us" or "Our") offers you access to this website and application (the "Service(s)"), which allows You (the "User" or "You" or "Your" or "Customer") to make digital payments and transfer money through Hamro Pay e-wallet application ("App"). Accessing, installing and registering yourself in the Hamro Pay application automatically indicates that you agree with the terms and conditions hereunder.

These Terms are effective as of the access date and are binding as between you and Hamro Pay and Lenden Sewa Pvt. Ltd. We may update these Terms from time to time, without notice to you, by posting the updated Terms on this website and app. Do not access or use the Service if you do not agree to be bound by the Terms and Conditions. By accessing and using the Service, You are agreeing to these Terms, You shall also be required to accept the Terms of Service of our partners when you sign up for the service.

Eligibility

By using this Hamro Pay e-wallet service, you confirm that you meet the legal requirements for engaging in payment transactions as outlined by Nepal Rastra Bank. You also confirm that you have the necessary authority and capability to abide by the terms of this agreement. Any individuals who are prohibited by law from participating in financial transactions through payment service providers will not be able to use our service. Users who have been previously banned or suspended from our service are also not eligible to use our service. In addition, you agree not to falsely represent yourself or any entity using fraudulent documents such as false identities or citizenships. If found to be in violation of this clause, you will be liable for legal action as per the Laws of Nepal.

Account Registration and Verification

To use the e-wallet service, Hamro Pay may collect information from you such as your full name, mobile number, email address, passwords, and other credentials as per the guidelines of Nepal Rastra Bank.
It is your responsibility to provide accurate and complete information, and to keep your information up-to-date. You agree to provide any additional proof that Hamro Pay may reasonably request.
Once you have successfully completed the registration process, Hamro Pay will provide you with a personal account that can be accessed using the password you set during registration, through our website or a compatible mobile application.
Assigning your account to any third party or authorizing others to use your identity or account for any malicious purposes is strictly prohibited.
You must keep your Hamro Pay account password and any other credentials secure and confidential at all times.
By using the Hamro Pay e-wallet service, you agree to provide us with accurate personal information and government-issued ID, Photograph, as well as proof of address. We may use third-party service providers to verify your information and to comply with applicable laws and regulations to detect and prevent fraud or money laundering. We reserve the right to terminate or suspend your account if you fail to provide the required information.

Customers Liability

The customer is solely responsible for maintaining the confidentiality of the PIN/Password associated with their e-wallet. The customer must not share or allow access to their PIN/Password or e-wallet to any other person. The customer also assumes full responsibility for any transactions made using the e-wallet, regardless of whether or not they were made with the customer's knowledge or authorization.
It is the responsibility of the customer to keep their 4-digit PIN/Password confidential and not share it with anyone. If the customer suspects that their PIN/Password has been compromised, they must immediately notify Hamro Pay-Lenden Sewa Pvt. Ltd. They can do this by requesting Lenden Sewa Pvt. Ltd. to block their account, cancel or reset their PIN through the Hamro Pay app or by contacting the customer support helplines at 9801308862 or 9801309554. Additionally, the customer must also submit a written application along with their Know your Customer (KYC) documents within 24 hours of making the verbal request though office visit or by mailing at [email protected] .
When a customer reports a compromise of their PIN/Password, our customer service unit will verify their identity by asking for personal information provided during registration. If the information provided is valid, the customer's request will be honored. In the case of a written request, our customer service unit may request additional information via email or phone to confirm the customer's identity. It is important to note that only the actual victim should report any issues to Hamro Pay-Lenden Sewa Pvt. Ltd., and we will not be held liable for not honoring any reports made by someone other than the actual victim.

Transactions and Fees

When using the Hamro Pay e-wallet service, you may be charged fees for certain transactions. These may include, but are not limited to:

Fees for loading funds into your e-wallet;
Fees for withdrawing funds from your e-wallet;
Fees for sending funds to other e-wallet users;
Fees for making purchases with merchants that accept Hamro Pay.

The specific fees for each type of transaction will be clearly disclosed to you before you complete the transaction. You are responsible for all fees and taxes associated with your use of the Hamro Pay e-wallet service. Hamro Pay reserves the right to change its fee structure at any time, with or without notice. Your continued use of the service following any changes to the fee structure will be deemed acceptance of those changes. We will not be responsible for any additional charges incurred by your bank or merchant or government department/authorities in connection with your use of the Hamro Pay e-wallet service. By using the Hamro Pay e-wallet service, you agree to pay all applicable fees and taxes associated with your use of the service.

Lenden Sewa Pvt. Ltd. reserves the right to collect any fees, expenses, commissions, mark-ups, penalties, and taxes imposed by government departments or authorities without prior notice to the customer.

The daily and monthly usage limit for the Wallet will be determined in accordance with Nepal Rastra Bank guidelines and Lenden Sewa Pvt. Ltd.'s policies. The charges and commissions associated with each type of transaction will be displayed in the Hamro Pay App at the time of the transaction.

Refunds and Cancellations

Refunds or cancellations for bookings and charges will be handled according to the terms of the merchant, and Hamro Pay will not be involved in determining these charges. As a payment gateway, Hamro Pay is not responsible for refunds or cancellations or any associated charges. Customers should contact the merchant directly for any inquiries related to this matter.

Refunds will only be processed if Hamro Pay accepts the application and it meets the necessary requirements. Hamro Pay reserves the right to reject the application without providing an explanation.

Account Closure

To close a Hamro Pay account, the customer must send a written request to Hamro Pay-Lenden Sewa Pvt. Ltd. or email [email protected] at any time. Hamro Pay will verify the request and proceed with closing the account. This process will be completed within 15 days of receiving the request. To close the account, the customer must provide the following information and documents in the written application:

Hamro Pay ID
Username
Date of Birth
Recent transaction
Reason for deletion
KYC (Know Your Customer) documents.

Additionally, the customer must withdraw all funds from the account, leaving the balance at zero.

Termination

Your account may be terminated or suspended without prior notice or liability for any reason, including a violation of the terms. We will make an effort to explain the reason for termination/suspension, but this is not always possible. Once your account is terminated/suspended, you will no longer have access to the service. If you wish to close your account, you may do so by simply stopping use of the service.

Governing Law

These terms will be interpreted and enforced in accordance with the Laws of Nepal, regardless of any conflicting laws. Not enforcing any provision of these terms does not constitute a waiver of those rights. If a court finds any provision of these terms to be invalid or unenforceable, the remaining provisions will still be in effect. These terms are the entire agreement between the parties regarding the service, and replace any prior agreements regarding the service.

TradeMarks and Copyright

"Hamro Pay” is a trademark of Lenden Sewa Pvt. Ltd. You may not use or reproduce the mentioned trademark, logo or brand name. Copyright in the pages, screens, information, and all material in their arrangement, included in the Mobile application is owned by or licensed to us unless otherwise quoted.
You may not use the Mobile application for any purpose unlawfully.
Apple, Google Inc., and any mobile telephone network provider will not have any responsibilities or obligations to you in relation to this App.
Hamro Pay will be responsible for any claims from you or a third party relating to the Mobile application or its possession or use, including alleged breaches of a third party's intellectual property rights, product liability claims, compliance with legal or regulatory requirements and consumer protection claims.

General Disclaimer

Any guarantees, warranties, representations or conditions implied or imposed by law, including Nepal's Consumer Law, and any liability under them that cannot be limited or excluded by law, are not limited or excluded by the terms of this agreement.

This Mobile application is provided "as is" with no representation, guarantee or agreement of any kind as to its functionality. Hamro Pay cannot guarantee that access to the Mobile application will be uninterrupted or that there will be no delays or failures. Hamro Pay cannot also guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. You are responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Hamro Pay is not responsible if you incur any loss as a result of any of the matters.

Hamro Pay is not responsible for any third-party software that may be used in connection with the App.

Subject to this clause and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions that are not explicitly stated in the terms are excluded; and
Hamro Pay will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee.

By using the website and services provided by Hamro Pay, you assume all risks. Everything on the website and services are provided "as is" and "as available" without any warranties or conditions. Hamro Pay, its affiliates, directors, officers, employees, agents, contributors, and licensors do not make any express or implied representation or warranty about the services or any products or services (including those of Hamro Pay) referred to on the website, including but not limited to any loss or damage you may incur as a result of any failures, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, harmful components, loss of data, communication line failures, third-party misconduct, theft, destruction, alteration, or unauthorized access to records. Additionally, Hamro Pay does not warrant the accuracy, suitability, or currency of any information on the website, services, or any related products (including third-party materials and advertisements on the website), or any costs incurred as a result of using the website, services, or Hamro Pay products, or the services or operation of any links provided for your convenience.

Indemnity

You agree to hold Hamro Pay and its affiliates, employees, officers, directors, and partners free from any claims, losses, damages, and liabilities, including legal fees and expenses, that may arise from

a violation of these terms and conditions by you,
your use or misuse of the Hamro Pay Services or Platform,
your negligence or willful misconduct,
any dispute between you and a third party, including any Hamro Pay Merchant or financial institution, or
Your violation of any third party’s rights, including any intellectual property rights.

Waiver

If Hamro Pay chooses not to enforce or exercise any right or provision outlined in this Agreement, it does not mean they have forfeited that right or provision.

Demise of Original User

The title in property held in the user's wallet shall be transmitted to the account of the legal heir(s), as defined by the law of Nepal. However, the claim has to be done within 5 years from the date of demise. Hamro Pay processes the request based on submission of necessary documents evidencing such a 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 Hamro Pay and utilization of the fund shall be as per the guidelines provided by the concerned regulatory body.

Dispute and Settlement

In the event of a disagreement, argument, or claim arising from this Agreement or in connection to any Hamro Pay Service or the Hamro Patro Platform, including questions about the existence, validity, or termination of this Agreement or T&Cs, both parties will make every effort to resolve it amicably. If a resolution cannot be reached within 30 days of being notified of the disagreement, Lenden Sewa Pvt. Ltd. may choose to settle the dispute through binding arbitration in accordance with the laws of Nepal. All related expenses will be the responsibility of the individual parties. We will not be held liable for any costs incurred during the dispute resolution process.

Force Majeure

Hamro Pay will not be held responsible for any failure to perform, mistakes, interruptions or delays in fulfilling our obligations under these Terms and Conditions, or for any inaccuracies, unreliability or unsuitability of the Hamro Pay Wallet if it is caused, in whole or in part, directly or indirectly, by an event or failure that is beyond our control.

Declaration

By agreeing to these terms, you confirm that the information provided in your KYC is true and accurate, and you will promptly notify us in writing of any changes or as requested by us. If any of the information is found to be false, untrue, misleading, or misrepresenting, you understand that you may be held liable for it under applicable laws.