Terms and Conditions

The Electronic Channels facilitates the display and offering of payment services for customers and merchants registered for facilities by iCash on a no-liability and noobligation basis. Information and facilities on the electronic channels may be displayed and offered in a phased manner at the discretion of iCash. iCash have the right to introduce new information and facilities in its discretion and add, modify, suspend or withdraw any information or facility or the terms thereof in whole or in part with/without any prior notice.

If any of the Terms and Conditions are 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.

iCash services are not available to persons under the age of 16 or to anyone previously suspended or removed by iCash from availing the iCash Services or accessing the iCash platform.

In case of a corporation, trust, association of persons or a firm, which can enter into legally binding contracts under applicable law and shall be authorized to agree to the Terms and Conditions and to access, use and avail the Website and the Services.

Thus, by accepting the T&Cs or by otherwise using the iCash Services on the Platform, you represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by all the T&Cs as part of this agreement. Further, documents and information provided to us are true and complete in all respect. You shall not impersonate any person or entity or mislead or otherwise misrepresent your identity, age or affiliation with any person or entity.

Over and above the present Terms and Service, Merchants shall agree and qualify all the requirements, and provisions as specified under Merchant Agreement.

Furthermore, in the event of any violation of the T&Cs, iCash reserves the right to suspend or permanently preclude such user from availing iCash Services or using the iCash Platform. Such suspension may be with or without prior notice, at discretion of iCash. Further, iCash also reserves the right to block (whether debit block, or credit block or both debit and credit block, as the case may be) users’ ID if necessitated by circumstances thereunder.

Apart from suspension and blocking of ID, iCash has right to debit or credit the wallet if the circumstances required it to do so. Such debit/credit of wallet may be with or without prior information to the concerned user. However, iCash is liable to produce the supporting document of such action if the user demands for the same.

As required by the NRB policy, a user must provide their real name and information. Being the first online payment gateway of Nepal, it is our responsibly towards our users, and nation to be bound by the relevant law of the land. We strive for your continuous support and suggestions in order to be complied with all such requirements.

Here are some commitments we seek from your side in respect of registration and maintenance of security of your account:

Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, may apply to some carrier and can change from time to time.

In the event, you change, lost or deactivate your mobile number, you have to update your account information on our customer support division within 48 hours of such event, to ensure that your balance or services are not misused by any means. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on iCash.

If you download iCash application, you agree that from time to time, the application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the software.

You are not permitted to modify, create derivative works, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or unless we provide you with expressed written permission for the same.

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 iCash and we assume no responsibility whatsoever for such other websites whether as to content, availability, performance or otherwise.

iCash also does not represent or warrant that these links operate satisfactorily. iCash provides these links only as a convenience and links to external web sites do not constitute an endorsement by us.

The Electronic Channels primarily facilities the display and offering of Services by Merchants and iCash on a no-liability and no-obligation basis as regards to iCash. Though iCash 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.

The merchant may put into place its own agreements and terms and condition 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.

In order to avail specific services of iCash, merchants have to agree with these terms and conditions as well as the merchant’s agreement and the merchant sign-up and verification process. If you wish to avail of a service, you may be asked by iCash 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 iCash liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant. iCash in offering any service sets its own prices and terms may change from time to time. However, these will be subject to prior notice.

The records of access, instructions, transactions and other activities maintained or caused to be maintained by iCash through its or a third party’s computer systems 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.

The cancellation/refund in respect of the bookings and charges, if any, will be governed as per the terms and conditions of the Merchant. iCash has no role in governing refund/cancellation charges. iCash, being merely a payment gateway will not be responsible for refund/cancellation including any charges arising therefrom. The merchant is solely responsible for the content/listings/bookings made available by it through the iCash Platform and you should contact the respective Merchant directly in relation to the above mentioned queries.

Refund will be only processed if iCash accepts an application and when it meets the qualification criteria. iCash reserves the right to reject the application without providing any explanation.

iCash continuously endeavor to ensure that ‘Notices and Alerts’ are communicated to users in accordance with your instructions in this regard. However, iCash shall not be held responsible or liable for non-dispatch or delay in dispatch of the alerts for any reason whatsoever.

Under no circumstances iCash shall 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 iCash which would have been payable otherwise in the event of proper receipt of the Notices or Alerts. The actual funds corresponding to the user’s iCash balance is in the custody of our settlement bank.

“Transaction Status” means an indicator of stages in relation to the payment transaction. Transaction status can be Success, Pending, or Cancelled.

Success status means the transaction has been completed, and Beneficiary Merchants or Bank account or iCash account has received the transaction amount.

Canceled status means the transaction has been canceled, and the transaction amount has been reverted or refunded back to the respective iCash account.

Pending status means the transaction is yet to be completed. Due to some technical or other issues at iCash or Merchant or Bank, the transaction could be in a pending state. At pending state, the Beneficiary Merchants or Bank account or iCash account might or might not receive the transaction amount. If a transaction status is indicated as “pending”, we advise the customer to contact iCash as soon as possible to take further action. After analyzing the issue, iCash will then change the status of the transaction to either success or canceled after verification.

iCash shall not be held liable for any liabilities resulted thereafter for the transaction in a pending state.

Subject to the relevant regulatory approvals and 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.

iCash 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.

iCash will, however, assist users in contacting the Bank/Merchant to facilitate resolution of such queries, claims and disputes to the best of iCash’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.

iCash is the only owner and authorized user of its registered trademark (tradename “iCash” with label and logo) 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 appearing on the Electronic Channels. All the 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 iCash(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 iCash. If any violation of the same has been found then iCash can take legal action as per “The Patent, Design and Trademark Act, 2022 (1965)”.

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, or violate copyright and other laws of Nepal, then shall be liable to penalties and/or fines and/or imprisonment as the case may be. iCash do not grant any license or other authorization to the user of its trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the Electronic Channels.

The title in property held in user’s wallet shall be transmitted to the account of legal heir(s), as defined by the law of Nepal. However, claim has to be done within 5 years from the date of demise. iCash process the request based on submission of necessary documents evidencing such legal relationship.

In case the claim is not made within the period as described above, the amount shall be transferred to the Separate Fund created by iCash and utilization of the fund shall be as per the guidelines provided by the concerned regulatory body.

You agree to defend, indemnify and hold iCash, 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 ID and password, and any claims dispute or differences between you and any Supplier.

If anyone brings a claim against us related to your actions, content or information on iCash, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on iCash and are not responsible for the content or information users transmit or share on iCash. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on iCash. We are not responsible for the conduct, whether online or offline, of any user of iCash.

We try to keep iCash, Error-Free, and safe, but you shall use it at your own risk. We are providing iCash “as is” without any express or implied warranties including, but not limited to implied warranties.

You acknowledge and agree that iCash 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 iCash in its sole discretion believes not in line with Terms and Conditions, violate the rights of iCash, or is otherwise inappropriate for continued access. Further, if iCash gets knowledge of the death of a user, bankruptcy or lack of legal capacity or of circumstances which has a material impact on the credit worthiness of user(which shall be determined at the sole discretion of iCash) or for any other reason which iCash thinks fit and proper. Such suspension or termination may be for the entire service or part thereof.

You acknowledge and agree that iCash 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 iCash shall have no responsibility to notify you or thirdparty providers of Facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

Registered Users and Merchants may request for termination of this Facility at any time by giving written notice of at least ninety (90) days to iCash. The termination shall take effect on the completion of the fifteenth (15th) day from the date of receipt of the notice by iCash. 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.

Upon termination for any reason, users agree to immediately stop using the iCash Services/iCash Platform.

The Electronic Channels, the Terms and Conditions, all transactions entered into on or through the Electronic Channels, and the relationship between you and iCash 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.

You and iCash 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 iCash 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 iCash so thinks fit iCash may institute proceedings against you in any other court or tribunal having jurisdiction.

iCash 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. Subject to the other Terms and Conditions and applicable law, the Electronic Channels and the Facilities are offered to residents of Nepal.

Access to the Electronic Channels, its service, agreement with the Terms and Conditions does not create an agency, partnership, joint-venture, or employeremployee relationship between you and iCash or any Service Provider, except where otherwise specifically agreed or appointed.

The failure or delay of iCash 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 iCash shall be valid unless it is in writing signed by or on behalf of iCash. A waiver of any right or provision by iCash on a particular occasion shall not prevent iCash from enforcing such right or provision on a subsequent occasion.

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.

iCash may provide you notices and communications by e-mail, letter, telephone or any other means as iCash may deem fit to the address last given by you. Notices under the Terms and Conditions may be given to iCash by you in writing by delivering them by hand or by sending them by post to iCash’s address mentioned on the Electronic Channels. iCash may, but shall not be bound to, act upon notices and instructions given by you to iCash by e-mail, letter, telephone or any other means as iCash may deem fit.

In addition, iCash 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).

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 iCash. iCash shall also be entitled to act on the basis of any instructions received or purported to be received by iCash from you by e-mail or other electronic means or via the internet. iCash shall also be entitled (but not bound) to act upon fax instructions and communications.

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.

iCash 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.

You must at your own cost: 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 provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.

In case of joint accounts, 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.

The content presented at the Electronic Channels may vary depending upon your browser limitations.

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 iCash and you / the concerned parties in respect of each Facility.