We hereby formulate the terms and conditions of Sparrow Pay Pvt Ltd. in order to provide you better online payment services, prevent any risk formulated and specify rights and duties obliged to you while providing services. Please note that these T&C will be incorporated and will be enforceable to the same extent as the terms of the physical contract. Therefore, as these “Terms and Conditions” constitute a legal agreement we request you to please carefully read these T&C applicable and additional T&C may be constituted in future. These terms and conditions including our privacy policy define the terms and conditions under which you are allowed to use the website and how we will treat your account while you are a user of Khalti Digital wallet. If you have any questions about our terms, feel free to contact us at legal@khalti.com

Eligibility

By accepting these terms and conditions or otherwise use the service or site, you represent that you are eligible to enter into payment services transactions as per the laws, policy and directives of Nepal Rastra Bank. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.Any person who is disqualified by law to make such financial transactions via payment service provider shall not be eligible to employ with our services. Any user who has been previously blocked or suspended from our services are not eligible to employ our services. Users abide by the terms that he/she shall not falsely represent any entity, person or body with false documents like citizenships, Id’s and similar documents if found to be involved in such action you will be liable for legal action according to prevailing laws of land.

About Sparrow Pay Pvt Ltd.

Sparrow Pay Pvt. Ltd. is a legal entity duly incorporated and licensed as payment service provider by Nepal Rastra Bank with registration number 144796/072/073 having its registered office located at Pulchowk-3, Lalitpur, Nepal operating its service product of digital wallet having obtained due license and registration from regulatory authority under brand named 'Khalti'. Khalti, being a reseller does not provide mobile service and is only a reseller of services provided by service providers or the providers of such services or other distributors or aggregators of such Services. Khalti is not a warrantor, insurer, or guarantor of the services to be provided by the Service Providers. Service sold by us to you is sold without recourse against us for any breach of contract by the Service Providers. Any disputes regarding the quality, cost, expiration, or other terms of the Service purchased must be handled directly between You (or the recipient of the Recharge) and the Service Provider.

Coupon Redemption

Coupon redemption is purely subjected to standard and specified terms and conditions mentioned by the respective retailer. Coupons are issued on behalf of the respective retailer. Hence, any damages, injuries, losses incurred by the end user by using the coupon is not the responsibility of Khalti.

Bill Payments

In order to use the Service, You may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such a connection to the World Wide Web. Khalti and/or the Khalti Business Partner reserve the right to charge and recover from the User, fees for availing the Services. These changes shall be effective from the time they are posted on to the Khalti Website or over the Khalti Business Partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Khalti Website or check with the Khalti Business Partner channel through which you are availing the Service to review the current fees from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, Khalti shall be entitled to charge and recover you and you shall be liable to pay such charges to the Bill Payment Service as may be decided by Khalti. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by Khalti. Khalti offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account. Depending upon the Khalti Business Partner through whom the Service is availed by you (i) the specific features of the Service may differ (ii) the number of Billers available over the Service can differ (iii) the type and range of Payment Accounts that can be used to issue a Payment Instructions can differ and (iv) the modes/devices over which the Service can be accessed can differ; and (v) the charges, fees for availing the Service or any aspect of the Service can differ. Specific details related to these aspects would be available with the Khalti Business Partner or the channel over which the Service is being availed. From time to time, Khalti, at its sole discretion, adds to or deletes from such a list of Billers or types of Payment Accounts that can be used in respect of making payments to a Biller. In any event (i) the type and range of Payment Accounts that can be used for making payments may differ for each Biller depending on Biller specifications (ii) there may be an additional fees/charge when using certain types of Payment Accounts in respect of a Biller; and (iii) the terms upon which a payment can be made to a Biller can differ depending on whether a Card or a Bank Account is used to issue the Payment Instruction. Further depending on the specific facilities allowed by a Khalti Business Partner, payments to a Biller can be made either (a) by issuing a Payment Instruction for an online debit/charge to a Payment Account; or (b) by scheduling an automated debit to a Payment Account. In using the Bill Payment Service, You agree to: (a) Provide true, accurate, current and complete information about yourself ("Registration Data"), Your Payment Account details ("Payment Data"), Your Biller details ("Biller Data") and (b) maintain and promptly update the Registration Data, Payment Data and Biller Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Khalti has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Khalti has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Khalti assumes no responsibility and shall incur no liability if it is unable to effect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances: - If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid or delayed. - If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s) - If the funds available in the Payment Account are under any encumbrance or charge - If your Bank or the NCC refuses or delays honoring the Payment Instruction(s) - If payment is not processed by biller upon receipt. - Circumstances beyond the control of Khalti(including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force) In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail

Ticket Booking

  • Khalti is just a ticket seller. The travel service is not operated by Khalti.
  • Khalti will be responsible for issuing a valid ticket and to provide refund and support in cases of cancellations.
  • In cases when the merchant’s transport is late or cancelled due to unavoidable reasons, Khalti will not be responsible for this. Any refunds or claims due to non- functioning or unavailability of these services needs to be settled directly with the travel operator.
  • Our advice to the customers is to fill up their correct name, phone number, email ID and other details properly. This will be useful in cases while informing about the travel service being delayed or cancelled.
  • When an email or SMS is delayed or fails due to some technical problems or wrong Email ID or phone number provided by the user, the ticket will still be considered as booked.
  • Tickets will only be cancelled as per the cancellation policy mentioned in the ticket. The cancellation policy is determined by the service provider and not by Khalti. We have no role in determining the cancellation charges.
  • Cancellations will be done according to the actual fare of the tickets. However, in cases when the user uses any coupon code for ticket booking, the cancellations will be calculated according to the discounted value.
  • Passengers are required to take a copy of the ticket (a print out of the ticket or the print out of the ticket-email) and identity proof (Passport or Citizenship) at the time of boarding.

Communication Policy

  • By accepting the terms and conditions the customer accepts that Khalti may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the customer may not get / get after delay any alerts sent during such period.
  • Khalti will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Khalti as an alert on the mobile phone number provided during the course of ticket booking and Khalti shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Khalti liable for non-availability of the service in any manner whatsoever.
  • The customer acknowledges that the SMS service provided by Khalti is an additional facility provided for the customer's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Khalti shall be immediately informed about the same by the customer and Khalti will make best possible efforts to rectify the error as early as possible. The customer shall not hold Khalti liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
  • The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Khalti shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  • The customer agrees to indemnify and hold harmless Khalti and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Khalti and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Khalti and/or the SMS service provider.
  • By accepting the terms and conditions the customer acknowledges and agrees that Khalti may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel.
  • Grievances and claims related to the service should be reported to Khalti support team within 10 days of transaction.

Use of site

You understand that except for information, products or services clearly indicated as being supplied by the Khalti, we do not operate, control, or endorse any information, products or services on the Internet in any way. You also understand that Khalti cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

Billing and Payment

Khalti may in future provide a detailed billing summary in the format of its choice, which may change from time to time. This summary may be found by logging into your account (if you have registered and created an account) on the Site. All charges will be automatically placed to your credit card, debit card, prepaid cash card, paypal or netbanking account for the amount of Service successfully purchased at the time of purchase. No additional notice or consent will be required for charging Service use to your credit card, debit card, prepaid cash card, netbanking account or paypal account. The merchant name "Khalti" will appear on your credit card statement for purchase of Service you may use from Khalti.

All Sales are Final: Refund Policy

All sales of Service are final with no refund or exchange permitted. You are responsible for the mobile number or DTH account number you purchase Recharge for and all charges that result from those purchases. Khalti is not responsible for any purchase of Service for an incorrect mobile number or DTH account number. However, if in a transaction performed by you on the Site, money has been charged to your card or bank account and a Recharge is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page. Please include in the email the following details - the mobile number (or DTH account number), operator name, Recharge value, Transaction date and Order Number. Khalti shall investigate the incident and if it is found that money was indeed charged to your card or bank account without delivery of the Service then you will be refunded the money within 21 working days from the date of receipt of your email.

Restricted Activities

In connection with your use of our websites, your Khalti account, the Khalti services, or in the course of your interactions with Khalti, other Khalti customers, or third parties, you will not: - Breach this user agreement, Khalti's Terms and Conditions, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and Khalti. - Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, false advertising, Anti Money Laundering). - Infringe Khalti's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. - Sell counterfeit goods. - Act in a manner that is defamatory, trade libelous, threatening or harassing. - Provide false, inaccurate or misleading information. - Send or receive what we reasonably believe to be potentially fraudulent funds. - Engage in potentially fraudulent or suspicious activity and/or transactions. - Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us. - Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Khalti and the seller, bank or card issuer for the same transaction. - Conduct your business or use the Khalti services in a manner that results in or may result in: - Unresolved complaints; - fees, fines, penalties or other liability or losses to Khalti, other Khalti customers, third parties or you. - Circumvent any Khalti policy or determinations about your Khalti account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the actions like opening new or additional Khalti accounts using information that is not your own (e.g. name, address, email address, citizenship, photo, etc.); or using someone else's Khalti account; - Harass and/or threaten our employees, agents, or other users. - Disclose or distribute another user's information to a third party, or use such information for marketing purposes unless you receive the user's consent to do so. - Reveal your account password(s) to anyone else, nor use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your account by any person other than you, arising as the result of misuse of passwords.Carrying out any unauthorized use of Khalti accounts. Users can only carry out Khalti accounts solely for personal use rather than any commercial purpose. If any wishes to use a Khalti account for commercial purposes, one must take written consent or agreement with Khalti abiding with prevailing laws. - Any misuse of Khalti A/C, use of Khalti logo & trademark legally or illegally that results in a bad impression of Khalti brand value and reputation is strictly provided.

Actions We May Take if You Engage in Any Restricted Activities

Khalti has the right to determine whether your behavior complies with the provisions of the Agreement. If you are considered to have violated relevant laws and rules, Khalti has the right to, according to the severity of your violation, terminate your access to the services, take any legal actions. You shall bear full responsibility for causing any loss incurred to Khalti by performing any action against this agreement.If we believe that you've engaged in any of these activities, we may take a number of actions to protect Khalti, its customers and others at any time at our sole discretion. The actions we may take include, but are not limited to, the following: - Terminate this user agreement, limit your Khalti account, and/or close or suspend your Khalti account, immediately and without penalty to us; - Refuse to provide the Khalti services to you now and in the future; - Hold your Khalti balance if reasonably needed to protect against the risk of liability to Khalti or a third party, or if you have violated our terms and conditions. - Contact law enforcement about your actions; - Update inaccurate information you provided us; - Take legal action against you; - If you've violated our Terms and Condition, then you're also responsible for damages to Khalti caused by your violation of this T&C; or

Advertisement policy

Certain regulatory disclosures are required for almost all Khalti Digital advertising. Some forms of advertising and marketing considered illegal activities by Nepalese laws are legally restricted. Proper approval or agreement must be obtained from the Khalti before running any promotion. The compliance department after ensuring that all regulatory and disclosure requirements have been met and will maintain copies of all advertising for review. Approval from management is required for content and cost. Marketing efforts will be reviewed to ensure that target markets are not selected using a prohibited basis but in good faith under rights of the Consumer Protection Act, 2075. Users cannot use their Khalti account or advertise their Khalti account with the motive of asking various people to transfer any amount of money in their own account for commercial purposes without written approval from Khalti.Any advertisement which might result in defamation of Khalti will not be acceptable. Whereas use of Khalti logo and trademark without approval from Khalti and resulting in illegal activities or unauthorized services are considered to be legally void and Khalti might take certain damages in event of such breach of action. Some mediums which can be used for advertising and marketing are television, radio, commercials, signs and banners, ads in magazines, newspapers, social media and so on.

Dispute and Grievances Policy

The procedure relating to any Disputes and Grievances and its resolution will be according to the Dispute and Grievances Policy published and available on our website. All the procedure must be read thoroughly and only disputes which have been aroused and meet the requirement of Dispute Policy will be entertained from our side.

Breach on T&C

If you violate the T&C or fail to meet your obligations and duties, then in addition to being subject to the above actions you will be liable to Khalti for the amount of Khalti's damages caused by your violation of the Terms and Conditions. You acknowledge and agree to pay the NRP. 50,000/- per violation of the Terms and Conditions is presently a reasonable minimum estimate of Khalti's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Khalti that reasonably could be anticipated because, due to the nature of the violations of the Terms and Conditions, actual damages would be impractical or extremely difficult to calculate. Khalti may deduct such damages directly from any existing Khalti balance in any Khalti account you control. If we close your Khalti account or terminate your use of the Khalti services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in your Khalti account available for withdrawal. You are responsible for all claims, fees, fines, penalties and other liability incurred by Khalti, any Khalti customer, or a third party caused by or arising out of your breach of this user agreement, and/or your use of the Khalti services.

Fraud or Unauthorized Use

All Transactions made through your Khalti account shall be deemed to be made by you. You will be solely responsible for any unauthorized use of your personal or financial information through your Khalti account. Any kind of activities or transaction which has been stated illegal by the Government of Nepal is strictly prevented or prohibited to be performed through your Khalti account. performed To help prevent unauthorized use of your Khalti account, you should comply with the Term and Conditions. If you believe your Khalti account has been accessed or used in an unauthorized manner, please contact Customer Service immediately. support@khalti.com / 01-5970017 / 1660..

Risk Monitoring: Unusual or Suspicious Transactions

We may monitor your Transactions for high-risk practices or for fraudulent or suspicious transactions. If we have reasons to believe that there is suspicious or unusual activity being carried out through your Khalti account, we may temporarily or permanently block your access to Khalti account and may report to government authorities like Central Cyber Bureau and others as required for further investigations. Khalti may reject a Transaction and/or settlement of payments for various reasons, including but not limited to risk management, suspicion of fraudulent, illegal or doubtful Transactions, transactions for use of illegal betting or gaming sites, selling of prohibited items. In the event that a Transaction is rejected or is unable to be completed, we will either transfer the funds back to the Sender’s Funding Account or will handle the funds in accordance with Applicable Laws.

Ownership: Proprietary Rights

The Services and the Site are owned and operated by Khalti and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by Khalti (the "Materials") are protected by copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. If any violation of the same has been found then Khalti can take legal action as per “The Patent, Design and Trademark Act, 2022 (1965)”

Termination: Agreement Violation

You agree that Khalti, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Services and remove and discard all or any part of Your account, Your user profile, or Your recipient profile, at any time. Khalti may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion thereof may be effected without prior notice, and You agree that Khalti will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Khalti may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.

Limitation of Liability and Damages

In no event will Khalti or its contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Khalti or a Khalti authorized representative has been advised of the possibility of such damages. In no event will Khalti or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) Your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Khalti, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that Khalti has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Khalti, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Khalti. Khalti would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, Khalti's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

Indemnification

You agree to indemnify, save, and hold Khalti, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Site, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Khalti reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Khalti, including rights to settle, and You agree to cooperate with Khalti’s defense and settlement of these claims. Khalti will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Disclaimer: No Warranties

To the fullest extent permissible pursuant to applicable law, Khalti and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Khalti or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term "Khalti" includes Khalti's officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Khalti is a reseller and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco's subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied. Khalti, and its third party suppliers, licensors, and partners do not warrant that the data, Khalti software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Khalti and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will Khalti be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

Amendment of this Agreement

Khalti has the sole discretion to change, modify, add, or remove portions of these Terms and Conditions. Khalti may modify, terminate and/or suspend its Services to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services. Any amendment of these Terms and Conditions proposed by the Customer shall not be effective unless it shall be reduced to writing through an amendment form and accepted by Khalti. Amendments made under this clause shall be deemed to be a part of these Terms and Conditions and in case of any contradiction the amendment form accepted by the Khalti shall prevail. Provided that, Khalti may be required under applicable law to give You advance notice, and Khalti will comply with such requirements.

Notice

Khalti may provide You with notices and communications by email, regular mail or postings on the Khalti website khalti.com or via push notifications on the app or by any other reasonable means. Except as otherwise set forth herein, notice to Khalti must be sent by courier or registered mail to Khalti Pvt. Ltd, Hariharbhawan, Pulchowk, Lalitpur, Nepal GPO Box : 8975, EPC: 1887.

Waiver

The failure of Khalti to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Khalti.

Governing Laws and Jurisdictions

Khalti may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Arbitration Act, 2055. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Kathmandu, Nepal and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English. This Agreement shall be governed by and interpreted in accordance with The National Civil Code,2017. In case of conflict of the provision of this Agreement with the Laws of Nepal, the contradicting provision of this Agreement shall become automatically invalid to the extent of contradiction.

Indemnification

Both the Parties agrees to defend, indemnify, save, and free their officers, agents and employees against any or all losses, injuries, claims, actions, causes of action judgments or liens arising from or alleged to have arisen from the misconduct, negligence or willful default or breach of this Agreement by its officers, agents, or employees.

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationships prior to such termination or expiration.

Entire Agreement

This is the entire agreement between You and Khalti relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by Khalti in accordance with the terms of this Agreement