MAW HIRE PURCHASE PVT. LTD. (MHPL) - TERMS & CONDITIONS

MAW Hire Purchase (MHPL) shall provide, subject to Terms & Conditions set out herein, mobile application facilities (‘Services’)

Definitions: In this document the following words & phrases have the meaning set below unless the context indicate otherwise:
- Account shall mean loan account and/or any other type of related account so maintained by the Customer with the MHPL or may be offered in future.
- Customer shall mean a customer of the MHPL or any person who has applied for the Services.
- Mobile Payment Services include but not limited to transfer of funds from Primary account to destination account, EMI payments (mobile post-paid, pre paid, PSTN lines), etc. and any other payments that may be added in future.
- Primary Account is the Customer account maintained with the MHPL. Customer instruction(s) for mobile payment facilities shall be debited to Primary account in settlement. Mobile payment service is available only on Primary account.
- Destination account is the account of beneficiary maintained with the MHPL and where fund is transferred to.
- Mobile Number shall mean the mobile phone number specified by the Customer for the purpose of availing the Services.
- Service Provider shall mean an entity that provides services to other entities, individuals, etc.
- Nepal Telecom, Ncell, SmartCell, etc. are Service Providers and/or mobile network operators.
Enforceability of Terms & Conditions: These terms & conditions together with the application made by the Customer and as accepted by the MHPL form the contract between the Customer and the MHPL, and shall be further subject to such terms as the MHPL may agree with the other service providers.
Application for the Services: The Customer shall apply to the MHPL for use of the Services by filing up the prescribed Mobile Application form provided by the MHPL.
Eligibility for Application for the Services: The Services is available only to sole account holders of the MHPL. Mobile Application works in most but not in all Mobile Devices. The MHPL shall not be responsible for unavailability of Services for reasons including incompatibility of Customer’s Mobile Phone with the Service Platform, or for any loss or damage to the Customer’s Mobile device resulting from use or attempted access or use of the Services.
Communication Mode: At present, Short Message Service (SMS) will be used as a mode of communications for the Services. The SMS will be sent to and from the Customer’s nominated mobile phone number and the MHPL’s designated number. However, the MHPL shall not be liable for any loss or damage the Customer may suffer as a result of any person other than the Customer accessing the SMS with respect to the Services.
PIN: The customer acknowledge that use of PIN provides sufficient authority for the MHPL to process transactions on designated accounts. The MHPL may act on this authority and is not obliged to make further enquiries. Further, the Customer acknowledges that SMS is not the safest mode of communication due to its inherent risks and dependence on Service Providers. Following are the measures Customers shall adopt to protect themselves: a) don’t keep any record of your PIN, in written or electronic form; and don’t disclose the PIN to anyone

Always keep you mobile phone alongside and not allow others to use it
Delete all SMS messages to and from the MHPL
Inform the MHPL immediately if the Mobile Phone is lost or stolen, or if the Mobile number is changed.
Ensure that no unauthorized access is made to you mobile phone and/or the Services.
Change the PIN on a regular basis.
The MHPL upon receipt of subscription confirmation of SMS from your mobile number, will immediately activate the Services.

Availability & Disclosure: The MHPL shall endeavor to provide the Services to the Customer. The MHPL may alter the Services availed to the Customer with or without giving prior notice. The MHPL reserves the right to offer the Services for those Customers who are using the specific mobile network operator(s) only. Access of the Customer to the Services shall be restricted the designated Mobile Phone Number only. Instructions of the Customer shall be effected only after authentication of the Customer by means of verification of the Mobile Phone Number and the allotted PIN or through any other mode of verification as may be stipulated at the discretion of the MHPL. MHPL shall not be responsible for the delay in carrying out the instructions due to any reason beyond its control whatsoever including failure of third party service provider, operational system or due to any requirement of law.
Disclaimer of Liability: The MHPL shall not be responsible for any failure on the part of the Customer to utilize the services due to the Customer not being with the geographical range within which the Services are offered. If the Customer has reasons to believe that his Mobile Phone Number is/has been allotted to another person and/or there has been an unauthorized transaction in his/her account and/or his/her mobile phone is lost, he/she shall immediately inform the MHPL. The Customer agrees that MHPL shall not be liable on following conditions:

The Customer knowingly or unknowingly share the PIN with third parties
The Customer has breached any of the terms and conditions herein
The Customer fails to advise MHPL within a reasonable time about unauthorized access or erroneous transactions in their Account
The Customer fails to advise the MHPL about the change in/ termination of the Customer’s Mobile Phone Number.

The Customer agrees that the access to the services shall be only through the Mobile Phone Number and any transaction which originates from the same, whether initiated by the Customer or not, shall be deemed to have originated from the Customer. Under no circumstance, the MHPL shall be held liable if the Services are not available for reasons including but not limited to natural calamities, legal restraints, error & omission by the mobile network provider, network failure, third party service provider or any other reason beyond the control of the MHPL. The MHPL 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 services shall make the Customer liable for payment of financial charges as decided by the MHPL or will result in suspension of the Services to the Customer.

Indemnity: In consideration of MHPL providing the Services, the Customer agrees to indemnify and keep safe, harmless and indemnify the MHPL from and against all actions, claims, demands, proceedings, loss, damages, costs, charges, and expenses whatsoever the MHPL may incur, sustain, suffer or be put to at any times as a consequence of acting on or omitting or refusing to act on any instructions given by use of the services. The Customer holds the MHPL, harmless against any loss incurred by the Customer due to failure to provide the Services or any delay in providing the services due to any failure or discrepancy on part of the mobile network provider. The Customer agrees to indemnify and hold the MHPL harmless for any losses occurring as a result of:

The Customer permitting any third parties to use the services
The Customer permitting any other person to have access to his/her mobile phone or as a consequence of leaving the mobile phone unattended or loss of mobile phone
In the event of change in mobile number specified herein this application, the customer shall inform the MHPL immediately. Failure to do so shall not make the MHPL liable and responsible for any consequence of whatsoever nature arising there from.

Fees: The MHPL shall have the sole discretion to set specific fees chargeable on the Services on may revise the same from time to time as and when deemed necessary with or without prior notice to the Customer. Further, it is the sole liability of the Customer to pay for all the fees charged to them by the Mobile Network providers.
Amendment: The MHPL has the absolute discretion to amend or supplement any of the terms & conditions at any time and such amended terms & conditions will thereupon apply to an be binding on the Customer.
Termination: To terminate the Services, the Customer shall notify the MHPL through a written notice. The Customer will remain responsible for any transactions made through his Mobile Phone Number prior to the time of such cancellations of Services. The MHPL may, at its discretion, withdraw temporarily or terminate the services, either wholly or in part, at any time with or without giving prior notice to the Customer. The MHPL may, without prior notice, suspend the services at any time for reasons including maintenance work or repair or in case of any emergency or for security reasons. The closure of accounts of the Customer will automatically terminate the Services. The MHPL may suspend or terminate services without prior notice if the Customer has breached these terms and conditions or if the MHPL learns of the death, bankruptcy, or lack of legal capacity of the Customer or any other situation as the MHPL may deem fit.