Terms and Conditions for Moru Users
Pay Nep Pvt. Ltd. (Brand Name: Moru) (hereinafter referred to as “Moru”) – a private limited company duly incorporated under the Office of the Company Registrar with Registration No. 174235/074/075 on date 31/08/2017, having registered office located at Bhagbatibahal, Naxal-1, Kathmandu, Nepal, and a license to operate as a Payment Service Provider from Nepal Rastra Bank on date 01/08/2019, And, a User of the Services provided by Pay Nep Pvt. Ltd. through its flagship product “Moru”, have agreed to be aware and abide by the terms and conditions detailed herein .
1. SUBJECT OF THE CONTRACT
- This contract represents the list of various terms and conditions (T&Cs) which govern your (user of the service) access to Moru account as well as the services which are offered by Moru.
- Moru is a digital wallet application (called app, here onwards) developed by Pay Nep Private Limited. Moru is envisioned “to be the most trusted digital payment service provider, across Nepal and become a household name for mobile rupee.”
- By installing the app or creating an account with this app or making use of any of the services provided by the app, a User agrees to be aware and bound by the terms and conditions of use of the services.
- Words and phrases used in this contract shall have the following meaning.
“Paynep” means Payment Service Provider (PSP) offering payment intermediation service between user and service provider through digital wallet-based fund transfers.
“MoRu” is the brand name for commercial purpose.
“MoRu ID” means your Mobile phone number/e-mail address which is used during registration.
“MoRu Account” means digital wallet account maintained at Moru by a customer.
“Visitor” means a customer, a registered merchant or any person who accesses or visits the MoRu’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 MoRu 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 MoRu.
- Moru Services are available to any person, eligible to enter into financial transactions as per the relevant rules of Nepal Rastra Bank, after complying to such rules as the case may be. Any person disqualified, debarred or suspended from entering into financial transactions in Nepal, shall not be eligible to avail Moru Services. Moru Services are not available to anyone previously suspended or removed by Moru from availing the Moru services or accessing the Moru platform.
- User represent and warrant that they have the right, authority, and capacity and/or have complied to relevant rules, in-order to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
- User undertakes to not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
- Moru can collect relevant information associated with the user including, Full Name, Mobile Number, Email ID, Passwords, other Credentials, allowed as per the norms of Nepal Rastra Bank, at the time of registration.
- User must provide accurate and complete information, keep the information up to date and agree to provide whatever proof Moru may reasonably ask for.
- Upon successfully registering/signing up, Moru will provide you with a personal Moru Account that can be accessed with the password set at the time of registration, from website or a compatible mobile application.
- Assigning your accounts to any third party and authorizing others to use your identity or account, for any mala fide reason, is strictly prohibited.
- User must keep its Moru account password along with any other credentials, secured and confidential.
6. Bill Payments
- Pay Nep Pvt. Ltd. and/or the Pay Nep Pvt. Ltd.’s business partner/ associates reserve the right to charge and recover from the User, fees for availing the Services. These charges shall be effective from the time they are posted on to the Pay Nep Website or over the Pay Nep Business Partner’s channel through which you are availing the Service.
- In the event that the user stops or seek a reversal of the Payment transactions as may have been entered, Pay Nep Pvt. Ltd. shall be entitled to charge and recover from the user and user shall be liable to pay such charges to the Bill Payment Service as may be declared by Pay Nep Pvt. Ltd.
- These charges shall be charged on to User’s designated Moru Account or in any other manner as may be decided by Pay Nep Pvt. Ltd.
Pay Nep Pvt. Ltd. assumes no responsibility and shall incur no liability if it is unable to affect any Payment Transactions(s) on the Payment Date owing to any circumstances, originating beyond the control of Pay Nep. However, Pay Nep acknowledges to provide necessary support to resolve the issue.
- In case the bill payment is not affected for any reason, User will be intimated about the failed payment by an e-mail/ by notification in the Moru Account, and the amount if deducted shall be rollbacked to the Moru Account.
- Details regarding the limitations, and the charges applicable shall be available at all time in Pay Nep’s Website or at relevant section in the Moru App.
- Pay Nep Pvt Ltd is a payment service provider, hence is not liable to issue any invoice(s) for such bill payments, the relevant merchant is liable/ to be contacted for the same. However, Pay Nep acknowledges to provide necessary support to facilitate the user with the invoice(s).
Pay Nep Pvt. Ltd. assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid or delayed.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s).
- If the funds available in the Payment Account are under any encumbrance or charge.
- If your Bank or the NCC refuses or delays honoring the Payment Instruction(s).
- If payment is not processed by biller upon receipt.
- Circumstances beyond the control of Pay Nep Pvt. Ltd. (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
- In case the bill payment is not affected for any reason, you will be intimated about the failed payment by an e-mail.
7. Bank Transfer
Pay Nep Pvt. Ltd. and/or the Pay Nep Pvt. Ltd.’s business partner/ associates reserve the right to charge and recover from the User, fees for availing the Service for transferring the Money from Moru Account to a destination bank account. These charges shall be effective from the time they are posted on to the Pay Nep Website or over the Pay Nep Business Partner’s channel through which you are availing such service.
- Pay Nep Pvt. Ltd, makes the user aware about the risk associated with the amount of transfer not reaching to the designated destination bank account, in the event of any mismatch in the details asked during such process. Pay Nep Pvt. Ltd. bears not responsibility for any incorrect destination bank account provided.
- In the event that user stop or seek a reversal of the Bank Transfer transactions as may have been entered, Pay Nep Pvt. Ltd. shall be entitled to charge and recover from the user and user shall be liable to pay such charges as may be declared by Pay Nep Pvt. Ltd.
These charges shall be charged on the user’s designated Moru Account or in any other manner as may be decided by Pay Nep Pvt. Ltd.
- Pay Nep Pvt. Ltd. assumes no responsibility and shall incur no liability if it is unable to affect any Bank Transfers, owing to any circumstances, originating beyond the control of Pay Nep. However, Pay Nep acknowledges to provide necessary support to resolve the issue.
In case the Bank transfer is not affected for any reason, User will be intimated about the failed payment by an e-mail/ by notification in the Moru Account, and the amount if deducted shall be rollbacked to the Moru Account.
- Details regarding the limitations and, the charges applicable shall be available at all time in Pay Nep’s Website or at relevant section in the Moru App.
- You (users) are not permitted to use Moru and its electronic channels for any purpose which is unlawful as per the constitution of Nepal. You (users) will undertake Moru only for its intended purpose to obtain the service. You may not abuse or use the Moru for fraudulent purposes or to cause any inconvenience to others. Creating more than one personal account will be strictly prohibited. Contact information should be accurate and up-to-date. You will deploy services without engaging in any unlawful, threatening or harassing behavior or activities whilst using Moru services. You are not allowed to hold more balance than permitted ceiling in Moru wallet. If wallet balance is found beyond the permissible limit, such ID will be blocked by Moru with/without prior information of any nature (either oral/written) and Moru 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.
9. Prohibition and Limitations
- By using the services, you agree not to use the services for any purpose other than to purchase services in accordance with these Terms and Conditions and as such services provided by the Moru. 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 moru.com.np is strictly prohibited. Attempt to decompile or reverse engineer the working modality of the Moru and its electronic channels, disassemble or otherwise attempt to discover the source code as regards Moru Services or Moru Platform or any part thereof, except expressly permissible by applicable law are forbidden. Sending, Receiving or transacting on Moru 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 Moru services to enable payments for the services and goods deemed illegal by the prevailing laws of Nepal.
- Moru is a conciliator and entirely accelerate as a payment gateway between the merchants and customers. Moru 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, Moru is not a warrantor/granter of the any products/services being offered on Moru by various Merchant. Moru just acknowledges the
payments. 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 Moru gives no guarantee, either expressed or implied, regarding the use or availability of services or bookings made by you through our channel. Moru 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. Moru does not provide any guarantee with respect to any the third-party content and Moru 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. Moru 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. You expressly agree that use of the Moru Services on the Moru 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. This paragraph shall survive termination of this agreement. In no event will Moru be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
11. Proprietary Rights
- All Materials, trademarks, service marks, and trade names contained on the Site are the property of Moru and/or third-party licensors or suppliers. You agree not to remove, obscure, or alter Moru or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. If any violation of the same has been found then Pay Nep Pvt. Ltd. can take legal action as per “The Patent, Design and Trademark Act, 2022 (1965)”.
12. Refunds and Cancellations Policy
- The cancellation/refund in respect of the bookings and charges, if any, will be governed as per the terms and conditions of the Merchant. Moru has no role in governing refund/cancellation charges. Moru, 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 Moru Platform and you should contact the respective Merchant directly in relation to the above-mentioned queries. Refund will be only processed if Moru accepts an application and when it meets the qualification criteria. Moru reserves the right to reject the application without providing any explanation.
- We always try to keep Moru, error free and secure, however you shall use it at your own risk. You agree to defend, indemnify and hold Moru, 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 Moru, 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 Moru and are not responsible for the content or information users transmit or share on Moru. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Moru. We are not responsible for the conduct, whether online or offline, of any user of the Moru.
- This Agreement shall be governed by and interpreted in accordance with the laws of Republic of Nepal. In case of conflict of the provision of this Agreement with the Laws of Nepal, the contradicting provision of this Agreement shall become automatically invalid to the extent of contradiction.
15. Entire Agreement
- This is the entire agreement between You and Pay Nep Pvt. Ltd. relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Pay Nep Pvt Ltd in accordance with the terms of this Agreement.