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End User License Agreement

Please read all of this Agreement. 

This CellPay mobile Application is provided by Cellcom Private Limited ("CELLCOM"). This End User License Agreement ("Agreement") is an agreement between YOU and CELLCOM and applies to your use of the Mobile application and related technology provided by CELLCOM.

CELLCOM provides you with this Mobile application to enable you to access financial services offered under the CellPay (https://www.cellpay.com.np) service brand, and Cellcom partners (Banks, merchants, and other financial and government institutions) in Nepal. You will be able to link your bank accounts (“your account”) in partner banks (“your bank”) with your CellPay account. Your Bank may also provide you with terms and conditions that apply to your use of this Mobile application ("Bank Terms and Conditions") once you have accepted this Agreement. If the Bank Terms and Conditions and this Agreement conflict, the Bank Terms and Conditions will apply, and Your Bank will be responsible for enacting those terms and conditions as mentioned in their offer and policy. 

Before using this App, you should read this Agreement and the Bank Terms and Conditions carefully. 

1. By clicking "I Accept" you agree to the terms of this Agreement, and our Privacy Policy.
2. Cellcom Private Limited, and not Apple, or Google Inc. is responsible for the Mobile application and its content.
3. The financial services available through the Mobile application are provided by your Bank. Cellcom does not offer financial services or products and by providing you with this Mobile application. Cellcom does not offer you any financial products or services.
4. Data and SMS charges (including roaming charges) from your mobile service provider may apply. You are responsible for these charges.
5. You must not use this Mobile application on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that are "jail-broken" or "rooted". For the purposes of this Agreement, a jail-broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval.
6. You agree that neither Apple, Google Inc., are under any obligation to provide any maintenance and support services for the App.
7. No Guarantees 
   • This Mobile application is provided "as is" with no representation, guarantee or agreement of any kind as to its functionality. We cannot guarantee that access to the Mobile application will be uninterrupted or that there will be no delays or failures. We cannot also guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device. You are responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We are not responsible if you incur any loss as a result of any of the matters set out in this clause 7.
   • We are not responsible for any third party software that may be used in connection with the App. 

8. Links To Third Party Sites or Content 
   • By providing hyperlinks within the Mobile application we do not endorse and are not responsible for any linked websites. We recommend that you view the linked website's terms, privacy and cookie policy pages to understand how use of that website may affect you. We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party websites or pages linked to the App.
   • The Mobile application may offer access to news services, market analysis, financial planning tools or other information provided by third parties. We do not control, cannot guarantee, and are not responsible for, the accuracy, timeliness or even the continued availability or existence of such content.
   • Certain services may use information about your physical location sent from your mobile device (e.g. GPS signals), and permissions for access to your device’s camera function, contact list stored on your device, and access to SMS services.
   • If you use these services, you consent to us, our partners and licensees, and Google accessing, monitoring, transmitting, collecting, maintaining, disclosing, processing and using your data to enable us and Google to provide the relevant functionality in accordance with the terms and conditions and privacy policy of this Mobile application and those of Google.
   • You will be asked to consent to the use of location services when you download the App, or, for iOS devices, the first time you use any of these services.
   • You may withdraw this consent at any time by turning off the permission settings for these services on your mobile device. 

9. Trade Marks and Copyright 
   • "Cellcom", “CellPay”, are trademarks of Cellcom Private Limited. You may not use or reproduce the mentioned trademark, logo or brand name. Copyright in the pages, screens, information, and all material in their arrangement, included in the Mobile application is owned by or licensed to us unless otherwise noted.
   • You may not use the Mobile application for any purpose which is unlawful, abusive, libelous, obscene or threatening.
   • Apple, Google Inc., Microsoft Inc., Blackberry, any mobile telephone network provider and any intermediary making the Mobile application available for download will not have any responsibilities or obligations to you in relation to the App
   • Cellcom will be responsible for any claims from you or a third party relating to the Mobile application or its possession or use, including alleged breaches of a third party's intellectual property rights, product liability claims, compliance with legal or regulatory requirements and consumer protection claims. 

10. Responsibilities You are responsible for all claims, damages and costs arising from:  
    • Your use of the App,
    • Our reliance on information you have provided,
    • Any breach by you of this Agreement, of any intellectual property or other right of any person or entity.

11. Miscellaneous
    • You confirm that:
      1. you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
      2. you are not listed on any U.S. Government list of prohibited or restricted parties. Lists of these countries and parties may be found at www.state.gov and www.treasury.gov.
      3. We may occasionally allow you extra time to comply with your obligations or decide not to exercise some of our rights. However, we can still insist on the strict application of this Agreement later on.
      4. All notices to Cellcom, questions or complaints must be addressed to and sent in writing to support@cellcom.net.np
      5. We may transfer all or any of our rights under this Agreement to a company affiliated with us or to any other party. You may not transfer your rights or obligations under this Agreement to anyone else.
      6. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. 

12. Variation
    • We may change the terms of this Agreement and will provide you with notice before the changes take effect as follows: i. if Your Bank is located within Nepal, personally (for example by e-mail, SMS, by a message within the App), at least 1 months before the changes take effect
    • We may end this Agreement immediately if:
      1. You have seriously or persistently broken any of the terms of this Agreement or the Bank Terms including where you are, or we reasonably suspect you have committed fraud; you were not entitled to download the App; we have reasonable grounds for believing you have committed or are about to commit a crime in connection with your bank account; or if you have not satisfied any anti-money laundering requirements.
      2. If the Mobile application is withdrawn by Apple, and/or Google Inc.
      3. If we reasonably consider that by continuing the contract: a. we may break a law, regulation, code, court order or other duty; or b. we, or another Cellcom group company, may be exposed to action or censure from any government, regulator or law enforcement agency.
      4. We will notify you personally immediately after we have terminated the Agreement. This can include SMS, a message when you log onto the App, by post, by e-mail, by secure e-message, by a message on your statement, or in any other way that will be sent to you individually.
      5. We may end this Agreement for any other reason by giving you at least 15 days’ personal notice. This may happen if, for example, we replace the App.
      6. You can end this Agreement at any time by deleting the Mobile application from your mobile device.

13. Jurisdiction

    This Agreement is governed by the same laws as the terms and conditions that apply to the financial products you access using this App. Glossary 

    • "App" means an application that runs on a mobile operating system including, for example, Apple iOS or Android.
    • "CellPay", or "Cellcom Private Limited", or “Cellcom” means Cellcom Private Limited, its subsidiaries and affiliated companies.
    • "we," "us" or "our" means Cellcom.
    • “you", "your" and "yours" mean the person(s) downloading the App.
    • "Your Bank" means the financial institution that you bank with, whose financial services you can access through the App. Cellcom Privacy Policy The purpose of this Mobile application is to provide you a mechanism which will enable you to access the payment services offered by your Bank. To help us determine whether you have accepted this Agreement, we use "cookies." Cookies are small files that our web server places on your mobile device that allow us to identify your acceptance of this Agreement. Cellcom does not gather any information from you, store any information related to you or provide any information about you to non-affiliated third parties. Please review your Bank’s Privacy Policy with regard to its collection and use of information.

 End Of Document

PRIVACY POLICY

We at CellPay (www.cellpay.com.np), a mobile financial service operated by Cellcom Pvt Ltd (www.cellcom.net.np) committed towards protecting privacy of our customers using policies regarding the collection, usage and disclosure of the information provided by the customer. By agreeing to use the CellPay services you accept the terms as mentioned in this policy.

Personally identifiable information includes all information that can be used to identify a specific individual user.

Information collection/ what information do we collect? On registering for the CellPay services yourself as a Semi-KYC User, and/or to access services available to Semi-KYC users, you will only need to provide your Mobile Number and Full Name.

If you are being enrolled as a full-KYC User your complete KYC, as mentioned in the enrollment form on our mobile app or website needs to be filled up. This form is as per the guidelines of the NRB (Nepal Rastra Bank) and may change from time to time based on directives issued by the NRB. Personal information collected and held by us may include your name, father’s name, spouse’s name, date of birth, current and previous addresses, mobile phone number, email address, occupation and information contained in the documents used as proof of identity. CellPay will collect, store, process sensitive personal information such as password, financial information (including details of bank account details), and physiological information for providing our products, services via Mobile phone and for use of our website for the purpose of delivering services in a timely and orderly manner.

We may also hold information related to your utilization of our services by the use of our mobile app, website, or agent which may include following:
User Camera / Gallery Photo
This information is used to obtain a locally stored image of the logged in user to be set as Profile Picture within app.
Network State and Internet Access
The application connects to a dedicated API to complete transactions services provided within. It uses these permissions to check if there is any connection to internet as well as to connect to the internet if not connected.

Read Contact
The application accesses user’s phone contacts to select a contact so that the phone number of contact could be populated in the app using which user can choose to make transactions with ease instead of tying the phone number every time they want to make a transaction.

User SMS
App is able to send and received SMS through user’s device to forward transaction request and confirm transaction status respectively whenever there is no internet available. The user bears sent SMS charge based on the tariff of network provider. Receiving SMS is however free of cost to the user.

Information usage/ what do we use customer’s information for?

The information that we collect from you are used in order to;

• Verify your identity
• Complete transaction effectively as per your request
• Communicate about changes to our services
• Respond to your queries in relation
• Protect from unauthorized use of the wallet
• Promote and market our products and services which we think could be of interest to you and may benefit you.
• Safeguard against fraud, money laundering, and misuse of account by incorporating necessary identity verification

Disclosure of information: All personally identifiable information will be kept confidential and will not be disclosed to other party except in cases required by regulator or by legal intervention as per the laws of Nepal.

We may keep a log of the activities performed by you and websites by using various internet techniques such as web cookies, server log files, etc. for analytical purposes and for analysis of the amiability of various features on our site. This information may be used to provide you with a better experience with our platform along with evidentiary purposes.

In case you do not provide your information or consent for usage of personal information or later on withdraw your consent for usage of the personal information so collected, CellPay reserves the right to not provide the services or to withdraw the services for which the said information was sought.

Updates and changes to privacy policy: Our Privacy Policy may change from time to time. Any changes on our privacy policy will be revised and the updated date will be posted at the bottom of this page. However, if there is significant change in the policy, we will provide a more prominent notice through SMS, push notifications, email etc. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications time and again. “Your consent to use CellPay services will adhere to above mentioned privacy policy”.