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. 
  1. 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. 
  1. 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. 
  1. 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.
  1. 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. 
  1. 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.
  1. 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.

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