Kumari Mobile Cash Terms & Conditions

These terms and conditions together with the application made by the Customer and as accepted by Kumari Bank shall form the contract between the Customer and Kumari Bank. These Terms and Conditions shall be in addition to and not in derogation of the terms and conditions governing Kumari Mobile Cash, and relating to any Account of the Customer and /or any other product/services provided by Kumari Bank.
By accepting these Terms and Conditions, the Customer  is deemed to expressly understand and agree that the use of the products and services of the Bank or its affiliates are provided on ‘as is’ and ‘as available’ basis. Except when they are explicitly specified, the Bank or its affiliates disclaims,  all guarantees and promises, whether expressed or implied, including but not limited to guarantees of merchantability, fitness for any particular purpose and non-infringement of proprietary rights.

1. Customer Requirements

Kumari Mobile Cash, the Kumari Mobile Cash Logo, are the brand name, registered trademarks, trademarks or copyright of Kumari Mobile Cash in Nepal and/or in other countries.

• Customer must be eligible to carry out banking transactions as per existing rules which may be  any individual , regardless of gender, race, ethnicity, or nationality.  A person becomes a member or customer upon receipt, approval and registration of his application.
• Each customer application shall be subjected to the Bank’s and/or its affiliates’ approval.

• The customer is expected to have either prepaid or postpaid mobile number registered with Mobile Network Operator  in his/her name. The bank is not liable to verify the mobile provider’s records regarding ownership of such mobile phone number.

• True, accurate, complete and current information must be provided in the application form. By submitting the application form as arranged, the applicant agrees to comply with all legal restrictions that may be applicable to him/her. In the event that after any period of time, all or any portion of the information submitted during application is changed, the customer must ensure that The Bank or its affiliate is informed of the changes.

 2. Definitions

In these Terms and Conditions, the following words and expression shall have the following meanings unless the context otherwise requires:

• “Kumari Mobile Cash” refers to the trade name of Kumari Bank's Mobile Banking Service established and maintained by Kumari Bank.
• “Customer” Means a customer who has been duly registered with Kumari Mobile Cash as a Customer of Kumari Mobile Cash.
• “Merchants” means merchants, vendors, persons, corporation or entity registered with Kumari Mobile Cash to provide goods, products and services to the Customer through the Kumari Mobile Cash System.
•  “Website” Means the website maintained and operated by Kumari Bank.
• “Mobile Phone” Means any mobile phone with the SIM (Subscriber Identification Module) card bearing the Mobile Phone Number;
• "Mobile Phone Number" shall mean the number registered/provided by the Customer to Kumari Bank, through Kumari Bank or its affiliates in writing (either through any form provided by Kumari Bank or otherwise), for the purpose of availing the Facility.
• “Security PIN” Means the four digit number relating specifically to the Mobile Phone Number, which may be changed by the Customer with prior notification to Kumari Mobile Cash through SMS Services or through the bank’s affiliates or counters.
• “SMS” shall mean Short Messaging Service, which is the transmission of short text messages to /from mobile phones.
• “Terms and Conditions” Means these Terms and Conditions governing the use of the Services by the Customers as may be amended at any time and from time to time as and when Kumari BANK shall in its absolute discretion deems necessary.
• “Redemption” means any redemption involving the use of the Kumari Mobile Cash by the customer to purchase goods, products or services from the merchants.

3. Interpretation

In these Terms and Conditions, unless the context otherwise requires:-

• Words importing the singular include the plural and vice versa;
• Words importing a gender include any gender;
• A reference to a party to a document includes that party's successors and permitted assigns;
• A warranty, representation, undertaking, indemnity, covenant or agreement on the part of two or more persons binds them jointly and severally;
• Reference to clauses, schedules, paragraphs, annexure or appendices are references to the clauses or schedules in or paragraphs, annexure or appendices to these Terms and Conditions;
• No rule for the construction or interpretation of contracts shall apply to the disadvantage of either party for the reason that the party was responsible for the preparation of these Terms and Conditions or any part of it
• Any reference to the provisions of any legislation made there under includes any statutory modification, amendment, revision, replacement or reenactment thereof
• Any reference to a date or time is a reference to that date or time at Nepal

4. Use of Services

• During the period where the Customer is registered with Kumari Mobile Cash as its Customer, the Customer shall be entitled to purchase or transact products, goods or services from any registered customer, agent, or merchant, through the Kumari Mobile Cash System by using a mobile phone bearing the Mobile Phone Number and the Security PIN in accordance with these Terms and Conditions
• The Customer shall ensure that he is acquainted with the guidelines and procedures for the use of the Services. Kumari Mobile Cash shall not be liable for any errors caused by the Customer and Member’s use of the Services.
• The Customer acknowledges that Kumari Mobile Cash may at its absolute discretion refuse or permit the Customer to use the Services without giving any reason or notice thereof
• If the Customer has reason to believe that the Mobile Phone Number is / has been allotted to another person and / or there has been an unauthorized transaction in the Account and / or his mobile phone handset is lost, he shall immediately inform Kumari Bank  

5. Security Pin

• The Customer shall be provided with Security PIN by the Bank or its affiliates or through SMS at the time of registration.
• It is the Customer’s responsibility to keep the Security PIN confidential. The Customer shall not at any time and under any circumstances reveal or disclose the Customer’s PIN to any unauthorized party and shall take all steps to prevent the disclosure of the Security PIN to any unauthorized party. As a security precaution, the Customer should not save or store the Security PIN in the mobile phone with the Mobile Phone Number.
• The Security PIN is confidential and constitutes the Customer’s signature when using the Services as Kumari Mobile Cash. The Security PIN used in conjunction with the Mobile Phone Number is the method by which Kumari Mobile Cash can identify the Customer. The Customer and Member acknowledges and confirms that monetary value stored in the Kumari Mobile Cash can be transferred to other persons by using the Security PIN in conjunction with the Mobile Phone Number.
• Any notification or confirmation received by Kumari Mobile Cash sent by the Mobile Phone Number together with the Security PIN shall be deemed to have been issued by the Customer notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and the Customer shall be bound by such notification or confirmation.
• Kumari Mobile Cash shall not be liable for acting on the notification or confirmation sent by the Mobile Phone Number together with the Security PIN. Kumari Mobile Cash shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on the Customer upon receipt by Kumari Mobile Cash notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. The Customer shall immediately notify Kumari Mobile Cash upon receipt of incomplete, garbled or inaccurate data or information from Kumari Mobile Cash. The Customer shall be responsible to immediately notify Kumari Mobile Cash upon receipt of any data or information which is not intended for the Customer shall delete such data or information from the Mobile Phone.
• The Customer shall immediately delete all SMS or other source of information containing the Security PIN stored in the Mobile Phone.

6. Registration of Customer, Utilization of Account Services

• The Customer must register with Kumari Mobile Cash prior to carrying out the any Kumari Mobile Cash transaction
• As part of the registration procedures, the Customer must fill out the Kumari Mobile Cash application form with required documents

7. Authorization by the Customer

• The customer hereby agrees that he/she authorizes the Bank to act on any instruction given by the customer and that the bank shall not be liable for any loss and damage which the customer and /or any third party may sustain from the Bank acting on such instructions(s), whether given by the customer or someone purporting to be the customer, authorized or unauthorized.
• The Bank shall not be bound by or obliged to take any action on any instructions which do not properly comply with the procedures of Kumari Mobile Cash and the Bank may reject such non-compliant Instructions.

• The Customer hereby irrevocably and unconditionally authorizes Kumari Mobile Cash to forward the Customer’s contact information to the relevant Merchant upon receipt of a notification from the Customer that he intends to purchase the relevant goods, products or services.
• The Customer irrevocably and unconditionally allows and permits Kumari Mobile Cash to send SMS to the Customer in respect of:
  • Updates on services and events offered or provided by Kumari Mobile Cash
  • Notification of promotions, events or services offered or provided by the Merchants that have prior redemptions with the Customer
  • Any other notifications, events etc. as Kumari Bank deems appropriate on its sole discretion.

8. Fees and Charges:

• The Bank shall be entitled to levy or impose service charges or transaction fees and /or to vary such fees from time to time upon prior written, public notice or through the means the Bank deems appropriate of such variation in respect of the Kumari Mobile Cash rendered to the customer. The customer’s continued use of Kumari Mobile Cash to which such charges and fees relate to shall be deemed to be acceptance of the same.
• The customer hereby authorizes the Bank to debit his/her Bank account or Mobile account maintained at the Bank for such fees, commissions and charges.
• Notwithstanding the service charges or transaction fees imposed by the Bank, the customer is further liable for any charges levied by Mobile Network Operator as a result of the use of mobile service by the customer.

9. Quality of Products, Goods or Services

• The Customer agrees and confirms that Kumari Mobile Cash makes no representations or warranties in respect of the products, goods and services offered by the Merchants, including, without limitation, the quality, accuracy, adequacy, timeliness, fitness for any purposes or completeness of any of the products, goods or services.
• The Customer shall hold the relevant Merchant liable and shall claim or bring an action against the relevant Merchant for any defective or bad quality products, goods or services redemption.

10. Disclaimer of Liability

The Customer agrees that Kumari Mobile Cash shall not be liable if:

• The Customer has breached any of the terms and conditions, contained herein or
• The Customer has contributed to or the loss is a result of failure on part of the Customer to advise Kumari Mobile Cash within a reasonable time about unauthorized access of or erroneous transactions in the Account by use of the Facility; or
• As a result of failure on part of the Customer to advise Kumari Mobile Cash of a change in or termination of the Customer's Mobile Phone Numbers.

Kumari Mobile Cash shall endeavor to provide the Facility on a best effort basis and the Customer shall not hold Kumari Mobile Cash liable for non-availability of the Facility or non-performance by service providers, if any, engaged by Kumari Mobile Cash or any loss or damage caused to the Customer as a result of use of the Facility for causes which are not attributable to Kumari Mobile Cash. Kumari Mobile Cash shall not be liable in any manner to the Customer in connection with the use of the Facility.
The Customer accepts that each Alert may contain certain Account information relating to the Customer. The Customer authorizes Kumari Mobile Cash to send Account related information, though not specifically requested, if Kumari Mobile Cash deems that the same is relevant.
Kumari Mobile Cash shall not be held responsible for the confidentiality, secrecy and security of the personal or Account information being sent through the Facility.

11. Liability on Availability of Service

Kumari Mobile Cash shall not be responsible for any failure on the part of the Customer to utilize the Facility due to the Customer not being within the geographical range within which the Facility is offered and which forms part of the roaming network of such cellular service provider, providing services to the Customer availing such roaming facility from the respective cellular service provider.
Under no circumstance, shall Kumari Mobile Cash be held liable if the Facility is not available for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of Kumari Mobile Cash. Kumari Mobile Cash shall not be liable under any circumstances for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person. Illegal or improper use of the Facility shall render the Customer liable for payment of financial charges as decided by Kumari Mobile Cash or will result in suspension of the Facility for the Customer.
Kumari Mobile Cash is in no way liable for any error or omission in the services provided by any cellular or any third party service provider  to the Customer, which may affect the Facility.
Kumari Mobile Cash, does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Facility. Kumari Mobile Cash makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the Customer or by any person resulting from or in connection with the Facility.
Without limitation to the other provisions of this terms and conditions, Kumari Mobile Cash, its employees, agents or contractors, shall not be liable for and in respect of any loss or damage
whether direct, indirect or consequential, including but not limited to loss of revenue, profit, business, contracts, anticipated savings or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by the Customer or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error of Kumari Mobile Cash in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from the telecommunication equipment of the Customer and the network of any cellular service provider and Kumari Mobile Cash's system or any breakdown, interruption, suspension or failure of the telecommunication equipment of the Customer, Kumari Mobile Cash's system or the network of any cellular service provider and/or any third party who provides such services as is necessary to provide the Facility.
Notwithstanding anything in the contrary provided in this terms and conditions, Kumari Mobile Cash shall not be involved in or in any way liable to the Customer for any dispute between the Customer and a cellular service provider or any third party service provider (whether appointed by Kumari Mobile Cash for such purpose or otherwise).

12. Loss of Mobile Phone

• The Customer shall immediately notify Kumari Mobile Cash of the loss of Mobile Phone.
• The Customer shall be liable for all redemptions conducted through Kumari Mobile Cash System from the Mobile Phone together with the Security PIN at any time prior to the receipt by Kumari Mobile Cash of the Customer’s notification of the loss of Mobile Phone.

13. Account Statement / Transaction History

The Customer acknowledges and agrees that Kumari Mobile Cash is not under any obligation whatsoever to issue monthly statements to the Customer detailing the transactions conducted by the Customer through the Kumari Mobile Cash System.  The bank will provide account statement as usual and transaction history on the frequency and up to the time limit as decided by the Bank.  The Bank can levy charges for providing transaction history beyond a certain time limit determined by the Bank.

14. Disclosure of Information

Kumari Mobile Cash shall be entitled and the Customer irrevocably and unconditionally consents and authorizes Kumari Mobile Cash to the extent permitted by law, to disclose or release any information pertaining to the Customer or the Customer’s redemption through Kumari Mobile Cash System to such extent that Kumari Mobile Cash may at its absolute discretion deem fit to:

• the relevant Merchants
• such other persons as Kumari Mobile Cash may be required to disclose under the applicable law
• such other persons or entity pursuant to any governmental directive or order of the court; or
• any other party whomsoever as Kumari Mobile Cash may at its absolute discretion deems fit

15. Applicable Laws and Regulations

• The Customer’s use of the Services shall be governed by the laws of Nepal.
• Where required, the Customer shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.
• Any dispute or differences arising out of or in connection with the Facility shall be subject to the exclusive jurisdiction of the Courts at Kathmandu.
• Kumari Bank 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 Facility can be accessed by a Customer in a country other than Nepal does not imply that the laws of the said country govern these terms and conditions and / or the operations in the Account/s of the Customer and / or the use of the facility.

16. Indemnity

In consideration of Kumari Bank providing the Facility, the Customer, at his own expense, agrees to indemnify, defend and hold harmless, Kumari Bank, its directors and employees, representatives, agents and/or the Affiliates, as the case may be, against all losses, damages, expenses, actions, claims, demands and proceedings whatsoever, that Kumari Bank may incur, sustain, suffer or be put to at any time as a consequence of acting on or omitting or refusing to act on any instructions given by the Customer or otherwise for use of the Facility.
The Customer agrees to indemnify, defend and hold harmless Kumari Bank, against any loss incurred by the Customer due to failure to provide the services offered under the Facility or any delay in providing the services due to any failure or discrepancy in the network of the cellular service provider.
The Customer agrees to indemnify, defend and hold harmless, Kumari Bank from any losses occurring as a result of the:

• Customer permitting any third parties to use the Facility.
• Customer permitting any other person to have access to his mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone.

17. Notices

Kumari Bank may give notice under these Terms and Conditions electronically as short messaging service (“SMS”) of the Customer (which will be regarded as being in writing) or in writing by delivering them by hand or by sending them by post to the registered address of the Customer, last recorded with Kumari Bank.  Kumari Bank shall also provide notice of a general nature regarding the Facility and the Terms and Conditions, which are applicable to all Customers using the Facility, on its website or also by means the customized messages sent to the Customer over his mobile phone as SMS or other mode as may be deemed fit by Kumari Bank. Such notice will be deemed to have been served individually to each Customer.
 
Any notice or document sent by the Customer to Kumari Mobile Cash shall be deemed served when such notice or document is received by Kumari Mobile Cash.

18. Waiver and Severance

• Any failure by Kumari Mobile Cash to enforce at any time or for any period any one or more of these Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce these Terms and Conditions.
• In the event that any provisions of these Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable Kumari Mobile Cash shall amend that provision in such reasonable manner as would achieve the intention of Kumari Mobile Cash or at the discretion of Kumari Mobile Cash it may be severed from these Terms and Conditions and the remaining provisions remain in full force and effect.

19. Modification

Kumari Bank shall have the absolute discretion to amend or supplement any of the Terms and Conditions, features and benefits in relation to the Facility. Kumari Bank may communicate the amended Terms and Conditions by hosting the same on its website or in any other manner as decided by Kumari Bank. The Customer shall be responsible for regularly reviewing these Terms and Conditions, including amendments thereto as may be posted on Bank’s website and shall be deemed to have accepted the amended Terms and Conditions by continuing to use the Facility. Any change in the Terms and Conditions shall be communicated to the Customer, in the manner as aforesaid, prior to their implementation.

20. Termination

The Customer may request for termination of the Facility at any time by giving a written notice to Kumari Bank. The Customer will continue to be responsible for any transactions that may have been effected through the Mobile Phone Number in relation to the Facility prior to such cancellation of the Facility.
Kumari Bank may, at its discretion, withdraw temporarily or terminate the Facility, either wholly or in part, at any time without giving prior notice to the Customer. Kumari Bank may, without prior notice, suspend the Facility at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons, which require the suspension of the Facility. Kumari Bank shall endeavor to give a reasonable notice for withdrawal or termination of the Facility.
The closure of all Account/s of the Customer will automatically terminate the Facility.
Kumari Bank may suspend or terminate Facility without prior notice if the Customer has breached these Terms and Conditions or Kumari Bank learns of the death, bankruptcy or lack of legal capacity of the Customer.

21. Set-Off

• KUMARI Bank and or its affiliates shall have the paramount right of set-off and lien, irrespective of any other lien or charge, present as well as future on the deposits of any kind and nature (including fixed deposits) held/ balances lying in any other Account/s of the Customer maintained with KUMARI Bank and / whether in single name or joint name(s) and on any monies, securities, bonds and all other assets, documents and properties held by/ under the control of KUMARI Bank (whether by way of security or otherwise pursuant to any contract entered/ to be entered into by the User in any capacity) towards the satisfaction of the Customer’s liability under the Facility. KUMARI Bank is entitled without any notice to the Customer, to settle any indebtedness whatsoever owed by the User to KUMARI Bank, (whether actual or contingent, or whether primary or collateral, or whether joint and/or several) hereunder or under any other document/ agreement, by adjusting, setting-off any deposit(s) and/or transferring monies lying to the balance of any Account/s held by the Customer with KUMARI Bank notwithstanding that the deposit(s)/ balances lying in such account/s may not be expressed in the same currency as such indebtedness. KUMARI Bank's rights hereunder shall not be affected by the Customer’s bankruptcy, death or winding-up. It shall be the Customer’s sole responsibility and liability to settle all disputes/ objections with any such joint account holders.
• In addition to the above mentioned right or any other right which KUMARI Bank may at any time be entitled whether by operation of law, contract or otherwise, KUMARI Bank is authorized / will be entitled to sell or otherwise dispose off any of the Customers’ securities or properties held by KUMARI Bank by way of public or private sale or otherwise without having to institute any judicial proceeding whatsoever and retain/appropriate from the proceeds derived there from the total amounts outstanding to KUMARI Bank from the Customer, including costs and expenses in connection with such sale or disposal.

22. Binding Effect

These Terms and Conditions shall be binding on the heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) of the Customer and Kumari Mobile Cash.