Terms of Use

1. INTRODUCTION
  1. This agreement lists out various terms and conditions which govern your access to esewa.com.np 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, chargeback's 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 that you agree to accept and abide by the Terms and Conditions.
  2. Please read the Terms and Conditions carefully. The access and use of the Electronic Channels means that you agree to accept and abide by the Terms and Conditions. In case you do not agree to accept and abide by the Terms and Conditions, 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.
2. 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
  1. "Notice" means notices issued by eSewa, to the visitor, the registered user or the merchant from time to time.
  2. "Service" means any present or future product, service or facility displayed or offered on or through the Electronic Channels and including remittance facilities.
  3. "Terms and Conditions" means the terms and conditions set out on this page and also all other terms and conditions contained elsewhere on the Electronic Channels from time to time. This also specifically includes the documentation and the specific terms agreed by the merchants under the Merchants Agreement as well as the terms set out in the Privacy Policy and any other agreement made separately with the involved parties.
  4. "The Merchant" means any person/organization selling goods online and willing to accept payments for the products sold through the eSewa account.
  5. "Visitor" means any person who accesses or visits the Website, whether or not such person has registered himself as a Registered Merchant. The term "Visitor" includes every Registered Merchant and even Customers.
  6. "eSewa" means the payment gateway aggregator exclusively for electronic businesses.
  7. "Electronic Channels" means all the electronic media that can be used to access the services provided by eSewa such as www.esewa.com.np and authorized by eSewa.
3. ELECTRONIC CHANNELS
  1. 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 shall have the right to from time to time in its discretion to introduce new information and facilities and add to, modify, suspend or withdraw any information or Facility or the terms thereof in whole or in part without any prior notice.
  2. If any of the Terms and Conditions is 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.
4. ELIGIBLE VISITORS
  1. In order to access and use the Electronic Channels and avail of any Service the visitor must be an individual of at least 16 years of age, who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons, or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the Website and the Services.
  2. The Electronic Channels is intended for the access of Nepali Citizens and residents of Nepal only. These Electronic Channels are compliant and its services are governed by the Nepalese Law.
  3. Over and above the present Terms and Service, Merchants must agree and qualify as per the conditions of the Merchant Agreement. eSewa reserves the right to terminate the access to any visitor at its discretion.
5. VISITOR REGISTRATION
  1. Limited access is provided to the Electronic Channels to non-registered visitors and they may not access several portions of the Electronic Channels which have been marked only for registered users and merchants who have gone through a merchant sign-up and verification process.
  2. For the registration visitors and merchants agree to the following conditions specifically:
    1. To provide complete and true information about you in the information fields contained in the registration form or the merchant sign up form and to keep this information updated and accurate in cases of any changes.
    2. In case of any default in submitting such information, the registered visitor shall be wholly responsible for any liability flowing from such breach. The registered visitor or the merchant shall also be liable for indemnifying any losses suffered by eSewa in this regard.
  3. 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; and upon registration as a Customer the Electronic Channels will register your Customer ID and Customer Password.
  4. 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.
  5. There is a presumption that a person utilizing the Customer ID and the Customer Password is the competent and the true 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. Also eSewa will not be liable for any mistake or unintentional error in keying the transaction or activity with respect to any figures or digits.
  6. In case of loss or reset request for password a request may be sent to support@esewa.com.np. eSewa may apply reasonable verification procedures to ascertain the identity of the registered user and may only send communication to the email registered and linked with the account.
  7. 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 offline and/or additional written or other confirmation from you of any instruction, transaction or activity as eSewa may deem fit.
6. PERMITTED AND LIMITS TO ACCESS
  1. Visitors, Registered Users and Merchants are specifically prohibited from the following:
    1. Accessing Electronic Channels for any purpose which is unlawful in Nepal;
    2. Attempt to decompile or reverse engineer any of the software available on eSewa.
    3. 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 holder thereof.
    4. Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
    5. 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).
    6. Publish any advertisements, solicitations, chain letters, ponzi schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding.
    7. Restrict or inhibit any other person from accessing, using and enjoying the services of Electronic Channels.
    8. 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 holder thereof, the Electronic Channels being copyrighted under the relevant laws.
    9. Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Electronic Channels which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof.
    10. You will not make any attempt to hack into the Electronic Channels or otherwise attempt to subvert any firewall or other security measure 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.
  2. Registered Users and Merchants are also prohibited from using eSewa services to enable payments for the services and goods deemed illegal by the prevalent laws of Nepal.
  3. 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.
  4. 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.
7. DISCLAIMERS
  1. Access and use of Electronic Channels and the services are entirely at your own risk. Electronic Channels, including any content or information on it, any related or linked site and all Facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via Electronic Channels are provided "as is," without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness.
  2. Specifically, eSewa disclaims any and all warranties including, but not limited to - any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, Facilities, products or services and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
  3. eSewa has not verified and shall not be liable or responsible for any content or other information on Electronic Channels and does not, in any way, certify or warrant the performance, operation, content or availability of Electronic Channels.
  4. Although eSewa adopts security measures and best industry practices for the Electronic Channels, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Electronic Channels or any Customer Accounts. 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; and you shall be liable and responsible for the same.
  5. This disclaimer of liability applies also to any damage or injury caused by any failure of performance, communication line failure, computer virus, defect, delay in operation or transmission, deletion, error, interruption, omission, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
  6. Though we take reasonable care in displaying products and services on the Electronic Channels, eSewa does not warrant or makes any representations regarding the use or the results of the use of any product, service and /or Facility in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Electronic Channels, all site-related services and all Facilities, products and services mentioned or advertised on or accessed or availed on or through the Electronic Channels.
  7. 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 of fees paid by you to eSewa for that service only.
  8. 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.
  9. eSewa shall not be responsible for any unauthorized interception of e-mail to or from you or esewa.com.np.
  10. 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. Although eSewa and its Service Providers attempt to ensure the integrity of the Electronic Channels, they make no guarantee whatsoever as to its sequence, timeliness, completeness, correctness or accuracy. In the event that such an inaccuracy or incompleteness arises, please inform eSewa so that it can be corrected.
8. OUTGOING LINKS
  1. 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.
  2. eSewa, also does not represent or warrant that these links shall operate satisfactorily. eSewa only provides these links only as a convenience and links to external web sites do not constitute an endorsement by us.
9. TERMS OF DELIVERY OF SERVICES
  1. 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.
  2. The users relationship is bilateral and extends to only inter-se the merchant. Here the merchant may put into place its own agreements, terms and conditions 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.
  3. In order to avail of 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.
  4. 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.
  5. eSewa in offering any service sets its own prices and terms and may change prices or terms or institute new prices or terms at any time. However, these will be subject to prior notice.
  6. Registered users and Merchants also agree to pay all charges incurred by users of your merchant/customer ID and password or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes, and shipping/transportation and handling charges relating to purchases through the Electronic Channels.
  7. 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 on tape 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.
  8. eSewa services are offered only to persons who are citizens or residents of Nepal. By offering services on this Electronic Channels, are not attempting to offer or provide facilities outside Nepal.
10. REFUNDS AND CANCELLATIONS
  1. If you feel that eSewa has violated this Statement on Privacy in any way, please contact us at contact@esewa.com.np that we may address this issue.
  2. No Refund will be given for orders placed with eSewa. Refund will be only processed if eSewa accepts an application, when it meets the qualification criteria. eSewa reserves the right to reject the application without providing any explanation.
  3. In case of cancellation of an order placed with eSewa the full amount is forfeited and no money is refunded back.
  4. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the customer having exceeded the preset limit mutually agreed by us with our partner bank from time to time.
11. NOTICES AND ALERTS
  1. eSewa and/or its Service Providers shall endeavor to ensure that Notices and Alerts are communicated to you in accordance with your instructions in this regard. However, neither eSewa nor the Service Providers would be responsible or liable for non-dispatch or delay in dispatch of the Alerts by eSewa and/or the Service Providers or any delay in receipt or non-receipt of the Alerts for any reason whatsoever. Under no circumstances shall eSewa and/or the Service Providers 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 in the event of proper receipt of the Notices or Alerts.
  2. The actual funds corresponding to the user's eSewa balance is in the custody of our settlement bank.
12. REMITTANCE FACILITY
  1. Subject to the relevant regulatory approvals, 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.
  2. 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.
  3. 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.
13. INTELLECTUAL PROPERTY RIGHTS
  1. eSewa is the owner and/or authorized user of any trademark, registered trademark 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 and screens appearing on the Electronic Channels. All 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.
  2. 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, you may violate copyright and other laws of Nepal and other countries, and may be subject to penalties. eSewa and/or the Service Providers do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Electronic Channels.
14. PRIVACY
  1. The visitor, registered user or the merchant hereby grants authority to eSewa to collect information in keeping with the terms and the principles of the privacy policy.
15. NO AGENCY
  1. Access to the Electronic Channels, its Services and 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.
16. INDEMNITY
  1. 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 of your ID and password, and any claims dispute or differences between you and any Supplier.
17. TERMINATION
  1. 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 violate any of the Terms and Conditions, violate the rights of eSewa, or is otherwise inappropriate for continued access, or if eSewa learns of your death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of eSewa) or for any other reason which eSewa thinks fit and proper.
  2. 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.
  3. Registered Users and Merchants may request for termination of this Facility at any time by giving a written notice of at least 90 days to eSewa. The termination shall take effect on the completion of the fifteenth 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.
18. GOVERNING LAW & JURISDICTION
  1. 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.
  2. 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.
  3. 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.
  4. Subject to the other Terms and Conditions and applicable law, the Electronic Channels and the Facilities are offered to residents of Nepal.
19. NO WAIVER
  1. Access to the Electronic Channels, its Services and 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.
  2. 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.
20. SEVERABILITY
  1. Access to the Electronic Channels, its Services and 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.
  2. If any provision of the Terms and Conditions shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, eSewa, the court, tribunal or regulatory or self-regulatory agency or body should endeavor to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.
21. LIMITATION
  1. 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.
22. NOTICES
  1. eSewa may give notice to you 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.
  2. 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).
  3. 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.
23. MISCELLANEOUS
  1. 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.
  2. 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.
  3. You must at your own cost:
    1. 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
    2. provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
  4. In the case of joint accounts which are held by you along with one or more others, 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.
  5. The content presented at the Electronic Channels may vary depending upon your browser limitations.
  6. 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.