Terms and Conditions

1. OVERVIEW

The “Terms and conditions” is the document that explains the terms and conditions of our service when you use our service through our website and App. When you register and use our service you must be agreed to bound by the terms and conditions of Nepal Pay. You do not have a standing arrangement to make transactions. We reserve all the rights to whether permit or not any transaction you have made. By accepting our terms and conditions you will be legally bound by Nepal Pay terms and conditions.

In these Terms and Conditions, the terms “Nepal Pay”, 'we', 'us', 'our' refers to SHAH & BROTHERS PTY LTD, its employees, directors, affiliates and assigns. Nepal Pay is trading business name of Shah & Brothers Pty Ltd, which is registered in Australia with (ABN 600292804 ). Its corporate office address is 17 Morgan Ct, Glenroy vic 3046, Australia. The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website and Application.

These Terms and Conditions are effective from the date on which you first access, register or use the Service. Terms and conditions may change time to time, but it is only applicable when you use our service, if you use the service before the change has been made that won’t be applicable for you. Any changes to these Terms and Conditions will be communicated to you. To continue to use the service after the amendment of the new Terms and conditions, you need to accept the changes.

The Service is to send money to family and friends, who you know well. This is not the service to send money to third parties such as sellers of the goods and so on.

2. TERMS AND IT’S DEFINITIONS

“Website” and application on ios and android name Nepal Pay and website namasteexpress.com.au respectively, where you can register and request a money transfer order.

“System” refers to the website and app of Nepal Pay and integrated software of partner banks in Nepal.

“Registration” refers to the account creation of the customer in our portal, where you need to update your personal details.

“Payment method” refers to the way you wish to transfer the money in our account. You can choose the method of payment as we have bank transfer, PAY ID/OSKO and POLI. We don’t receive any cash deposit in our bank account. If you deposit cash in our account, We will refund your amount with a 10% total cash deposit charge and it might take up to 5-7 business days to receive in your accounts.

"Transaction" refers to the money transfer request you made through the website.

"Transaction Amount” refers to the amount of money or the value that the Sender wishes to send to the receiver , excluding any applicable Service Fee and prior to any foreign exchange conversion.

"Transaction History" refers to the record of your Transactions on our website and app which you may access using your email and password registration details.

“Sender” refers who use the service to send the money

“Recipient” refers who receives the money in Nepal

"Service Provider" means a local bank, money exchange house, or other third party service providers.

“Purpose of transfer” refers to the reason you wish to send money to the recipient.

“Real time payment” refers to instant payment to the beneficiary or beneficiary account.

“Service Charge” refers to the charge you need to pay against using our service.

“Exchange rate” refers to current exchange rate that published on our website and app as per international standard

“KYC” refers to knowing your customer, which means personal details you provide to us while registering to use our service.

“Profile” refers to your registered account with us.

“Rewards and benefits” refers to our various kinds of offers and schemes we bring in on different occasions.

“Referer” refers to our existing customers who can refer their family and friends to use our service.

“Referee” refers to a new customer who used our service in reference to existing customers. In return both will be awarded with some kind of rewards. Rewards may vary time to time

“Promo code” refers to different kinds of code we use for promotion with some benefits and fixed validation period.

“Delivery method” refers to the payment mode in Nepal to your beneficiary. We provide different ways of delivery method (bank deposit and Cash-Pickup etc ).

Bank deposit- this method refers to the direct credit system to your beneficiary bank account in Nepal.

Cash Pickup- Your recipient can receive cash in Nepal from our 10000+ paying agents. Your receivers should go to agents with valid ID and control number provided by Nepal Pay. Information about agents can be found on our website.

“Delivery time” refers to the time that your beneficiary receives the money in Nepal. Delivery time mentioned in our website and app is “average standard time” it might vary due to various reasons.

• Working hours- In Australia, you can process to send money 24/7 through our website and app however it will be delivered in Nepal only in banking hours. Our service time will be depend on the bank’s opening hours in Nepal.
• Public Holidays and weekends- you can send money through our website and app even on public holidays and weekends, however, your money will be delivered 1-3 business days depending on the amount you send and when your fund is available to our account.
• Reversal of payment- For bank transfer, if your beneficiary account detail is wrong, the transaction will be rejected. We need to amend the correct account details in the system again. So in this scenario delivery time could be longer.
• ID verification- Until your details are verified, your money will not be delivered.
• Your money order will be processed only after your money received in our account.
• For the cash pick-up, the receiver should have a valid ID used in Nepal such as driving license, citizenship of Nepal, voting ID and Pan Card. Name of the receiver should be accurately matched with the ID, otherwise it cannot receive the money.

3. Rights and Responsibilities

By accepting terms and conditions, you agreed on following terms and conditions;

You agreed that

• You will provide accurate and true personal information and evidence of your identification information by providing identification documents.
• You will not provide any false or misleading information.
• You will provide any additional information or documents if we request.
• When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submitting. Once a Transaction Request has been received it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm the Transaction Request before submission and you must check the details carefully.
• Nepal Pay reserves all rights on your transaction and validation of your profile. We reserve the rights to review your profile for the validation process, while doing so, we can ask further details such as bank statements, and utility bills/Employment letter/payslip for address proof if needed. You are required to provide accurate details to complete your profile. If we think information you provide is not enough or right, we may refuse to provide the service you have requested and we will refund your amount.
• We may refuse or cancel Transaction Requests or Transactions from certain Senders or to certain receivers, including but not limited to entities and individuals on restricted or prohibited lists issued by any government authorities to comply with anti-money laundering or counter-terrorism financing laws and regulations.We may refuse to process a transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorized or fraudulent use of the Payment Instrument.
• Regular KYC update- Clients must update their KYC when their ID expires, if they migrate in a new place and contact details changed.Clients must use only one email and one phone number in an account. Type of identification document- we accept passport, Australian driver license, and we can ask additional documents such as bank card, Medicare card utility bills, bank statement, employment letter and so on.
• Validation of ID- Date of expiry on your ID should be at least a week at the time of transaction, but you need to update your valid ID again for the next transaction.
• Transaction submission for payment- Once your funds are received in our bank account, your transaction will be eligible for payment in Nepal. Receiver’s details- Sender must provide the correct address, relationship and contact number of the receiver and the purpose of the transfer.
• If there is any issue in a portal of Nepal Pay and its partner banks, we may not be able to deliver your money on a real time basis. Sometimes real time payment systems might be down because of maintenance and upgrade of their system in banks in Nepal, so, we may use alternative payment gateways, which don't comply with the real time delivery service.
• Due to some system errors in some banks, they might reject some transactions, in this scenario we ask customers to provide other bank details if they got another option. In this scenario, we may not provide real time delivery service.
• Service charges- Nepal Pay charge per transaction as a standard service charge. However, it might vary due to offers and rewards and other promotional activities.
• Exchange rate- We reserve the right on exchange rate. We update the exchange rate on a real time basis as per international standards.
• Promo code- We generate random codes for many promotional plans and activities with certain rewards, which will be valid for a certain period. Customers can use one promo code for one transaction only.
• Referrer and referee- When the referrer refers to a new customer, the referee will be awarded with rewards in his/her first transaction. When the referee's money is delivered, the referrer will be notified about their rewards and its validity period. The information can be found in “refers and rewards” section in profile for all rewards and benefits you have.

4. Intellectual Property Rights

The Nepal Pay Website and the Nepal Pay Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third parties. All right, title, and interest in and to the Nepal Pay Website and the Service shall remain our property and/or the property of such other third parties.

• The Nepal Pay Website and all its products must be used only for the purposes permitted by these Terms and Conditions or described on the website. You must not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Nepal Pay Website and all its assets for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper, or other automated device to access the Nepal Pay Website or the Nepal Pay Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Nepal Pay Website (or printed pages of the website). The name “Nepal Pay” and other names and indicia of ownership of Namaste Express's products and/or services referred to on the Nepal Pay Website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy, or reproduce them in any way.