TERMS & CONDITIONS

Terms we offer!

Disclaimer

Please read the Terms and Conditions carefully. Your use of our web platform and app services will indicate that you have read and understood them and have acknowledged abiding by them.

Statement of Rights and Responsibilities


DEFINITIONS

In this Terms and Condition Agreement, the following expressions shall, except where the context otherwise requires, have the following meanings

  1. "Notice" means notices issued by AIS to our members from time to time.
  2. "Service" means any present or future products and/ or services offered via the Web platform and app.
  3. "Terms and Conditions" means the terms and conditions set out that specifically includes the documentation and the specific terms agreed by members as the terms set out in the Privacy Policy and any other agreement made separately with the involved parties.
  4.  "Members" means any registered user - individual, merchant or organization in AIS Web and app platform.
  5. "AIS" means the payment gateway aggregator exclusively for electronic businesses.
  6. "Web platform" means the electronic media that can be used to access the services provided by AIS such as www.ais.net.np and authorized by AIS.
  7. “App” means mobile app, developed by AIS for android and ios and others, that allows our members to access our services via their mobile phone.

WEB PLATFORM

  1. The Web platform and App facilitates the payment services for our Members on a no-liability and no-obligation basis. Information and services on the web platform and App may be displayed in a manner at the discretion of AIS. AIS shall have the right, in its prudence, to introduce products and/or services and to add, modify, suspend or withdraw thereof in whole or in part without any prior notice.
  2. Credits earned for using our services will be accumulated in your bonus wallet. Please be informed that you will not receive further bonus on transactions initiated from bonus wallet.

ELIGIBLITY

  1. In order to access and use the web platform and app and avail of any services, the member must be an individual of at least 18 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 of Nepal. 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 and use our web platform and app for our services.
  2. The web platform and app is intended for the access of Nepalese citizens, businesses and residents of Nepal only. The web platform and app are compliant and its services are governed by the laws of Nepal.
    1. REGISTRATION
      1. For the registration, members must agree to the following conditions specifically:
        1. Provide complete and valid information during the registration process and to keep this information updated and accurate in cases of any changes.
        2. In case of any default in submitting such information, members shall be wholly responsible for any liability following such breach. The member shall also be liable for indemnifying any losses suffered by AIS in this regard.
        3. Any documents required for verification of the member, should be in the form of government issued identification and identified as a valid document by the laws of Nepal, should also be provided to AIS at the time of registration.
      2. Upon registration as a member, the web platform and app will register the username, customer password and pin. The username for the log in process, may it be web platform or app, will be the email of the member provided at the time of registration and the password selected by the member. In order to proceed with the transaction in our dual step verification, the member will also receive system generated pin in their email with further instructions. You will require changing your pin for security purpose.
      3. Upon issuing the username, password and pin, the member will be solely and wholly responsible for maintaining the secrecy and confidentiality. Any loss borne from unauthorized use of the username, password and pin shall be the corollary of the member mishandling the confidential information and AIS will not be liable for such unauthorized transactions arising from the negligence of the member. In addition AIS will not be liable for any mistake or unintentional error in keying the transaction or activity with respect to any figures or digits.
      4. In case of loss or reset request for password, forgot password request may be sent via AIS web platform. AIS may apply reasonable verification procedures to ascertain the identity of the member and will send the reset link to the registered email linked with the account with further instructions.
    2. PROHIBITION
      1. Members are specifically prohibited from the following:
        1. Accessing web platform and for any purpose which is unlawful in Nepal;
        2. Attempt to decompile or reverse engineer part and whole of the software available on AIS.
        3. Any information that has been in the Web platform and app is the intellectual property of AIS and any intent or redistribution or malicious use of the product, service and/or content of the Web platform and app is prohibited. If found guilty of such acts, the member will be have their account terminated with AIS with immediate effect and any losses to AIS and our network of members by this malicious act will be subject to and dealt with as per the governing laws of Nepal.
      2. Members are also prohibited from using AIS services to enable payments for the services and goods deemed illegal by the prevalent laws of Nepal.
    3. DISCLAIMERS
      1. While AIS adopts security measures and best industry practices for web platform and app, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the web platform and app and on to any customer accounts. AIS shall not be responsible or liable if any unauthorized person hacks into or gains access to the database.
      2. 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.
      3. If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of AIS shall not exceed the amount of fees paid by you to AIS for that service only.
      4. AIS 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 AIS.
      5. Any unsuccessful transaction, where the money is already deducted from the bank account of our members , the amount deducted will be placed in form of credit in their AIS wallet and can be used later for any services offered by AIS. The actual funds corresponding to the member's AIS wallet will be in the custody of our settlement bank until used.
      6. If members feel that AIS has violated this Statement on Privacy in any way, please contact us at info@ais.net.np that will allow us to address this issue.

 

INTELLECTUAL PROPERTY RIGHTS

  1. AIS is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the web platform and app, and is the copyright owner or licensee of the content and/or information on the web platform and app including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the web platform and app. All rights on the web platform and app are reserved and members may not download and/or save a copy of the web platform and app 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 AIS (except as otherwise provided on the web platform and app 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 AIS.
  2. However, members may print a copy of the information on this site for their personal use or records. If members make other use of this site, except as otherwise provided above, they may violate copyright and other laws of Nepal and other countries, and may be subject to penalties. AIS and/or the service providers do not grant any license or other authorization for the use of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the web platform and app.

PRIVACY

  1. The Member hereby grants authority to AIS to collect information in keeping with the terms and the principles of the privacy policy.

INDEMNITY

  1. Members agree to defend, indemnify and hold AIS, its directors, advisors, officers, employees, affiliated partners, and contents and service providers harmless from any and all claims, liabilities, damages, costs, expenses and proceedings, including reasonable attorneys' fees, arising in any way from the use of the web platform and app or the placement or transmission of any message, information, software or other materials through the web platform and app by members or authorized users of member's ID, password and pin or related to any violation of the Terms and Conditions by members or authorized users of your ID, password and pin, and any claims dispute or differences between members and any suppliers.

TERMINATION

  1. Members acknowledge and agree that AIS may, with notice, suspend or terminate your ID, password or account or deny members access to all or part of the web platform and app or any services if you engage in any conduct or activities that AIS in its sole discretion believes that it violates any of the Terms and Conditions, violates the rights of AIS, or is otherwise inappropriate for continued access, or if AIS learns of member's death, bankruptcy or lack of legal capacity or of circumstances which impact your credit worthiness (which shall be determined at the sole discretion of AIS) or for any other reason that AIS thinks fit and proper.
  2. Members may request for termination of this facility at any time by giving a written notice of at least 60 days to AIS. The termination shall take effect on the complete usage of credits in member's bonus wallet and any credits available in member's AIS wallet as no cash refund will be provided by AIS. Members are required to use up all credits in their bonus wallet or any credits available in their wallet as is the requirement of the laws of Nepal. Upon using up the balance with AIS and leading to member's request, the account will be closed with AIS provided that members will remain responsible for any and all transactions entered into and all obligations incurred by the member until the time of such termination.

GOVERNING LAW & JURISDICTION

  1. The web platform and app, the Terms and Conditions, all transactions entered into on or through the Web platform and app and the relationship between member and AIS 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. Member and AIS agree that all claims, differences and disputes arising under or in connection with or pursuant to the web platform and app, the Terms and Conditions, any transactions entered into on or through the web platform and app or the relationship between member and AIS shall be subject to the exclusive jurisdiction of the competent courts located in Kathmandu, Nepal and member hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if AIS so thinks fit AIS may institute proceedings against any member in any other court or tribunal having jurisdiction.
  3. AIS 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 web platform and app 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 web platform, app and the facilities are offered to residents of Nepal.

NOTICES

  1. AIS may give notice to its members by e-mail, letter, telephone or any other means as AIS may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to AIS by you in writing by delivering them by hand or by sending them by post to AIS's address mentioned on the web platform and app. AIS may, but shall not be bound to, act upon notices and instructions given by you to AIS by e-mail, letter, telephone or any other means as AIS may deem fit.
  2. In addition, AIS may (but shall not be bound to) also publish notices of general nature, which are applicable to all members in a newspaper circulating in Nepal or on its web platform and app. Such notices will have the same effect as a notice served individually to each member.
  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 web platform shall be deemed to have duly communicated and delivered any communication or document to members if such communication or document is sent via electronic mail (e-mail) to the e-mail address provided by the member to AIS. AIS shall also be entitled to act on the basis of any instructions received or purported to be received by AIS from members via e-mail or other electronic means or via the internet.