The services are not available to persons under the age of 15 or to anyone previously suspended or removed from the services by Sparrow Pay. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 15 years of age and have not been previously suspended or removed from the Services. 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. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
We are a Reseller Only. Sparrow Pay 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. Sparrow Pay 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 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 Sparrow Pay.
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 connection to the World Wide Web.
Sparrow Pay and/or the Sparrow Pay 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 Sparrow Pay Website or over the Sparrow Pay Business Partner channel through which you are availing the Service. You are bound by such revisions and should therefore visit the Sparrow Pay Website or check with the Sparrow Pay 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, Sparrow Pay 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 Sparrow Pay. These charges shall be charged on to your designated Payment Account or in any other manner as may be decided by Sparrow Pay.
Sparrow Pay offers a convenient and secure way to make payments towards identified Biller(s) using a valid Payment Account.
Depending upon the Sparrow Pay 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 Sparrow Pay Business Partner or the channel over which the Service is being availed.
From time to time, Sparrow Pay, at its sole discretion, add to or delete from such 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 through a Sparrow Pay 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 Sparrow Pay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sparrow Pay 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).
Sparrow Pay 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:
By accepting the terms and conditions the customer accepts that Sparrow Pay 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.
Sparrow Pay will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Sparrow Pay as an alert on the mobile phone number provided during the course of ticket booking and Sparrow Pay shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Sparrow Pay liable for non-availability of the service in any manner whatsoever.
The customer acknowledges that the SMS service provided by Sparrow Pay 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, Sparrow Pay shall be immediately informed about the same by the customer and Sparrow Pay will make best possible efforts to rectify the error as early as possible. The customer shall not hold Sparrow Pay 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. Sparrow Pay 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 Sparrow Pay 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 Sparrow Pay 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 Sparrow Pay and/or the SMS service provider.
By accepting the terms and conditions the customer acknowledges and agrees that Sparrow Pay 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 Sparrow Pay support team within 10 days of transaction.
You understand that except for information, products or services clearly indicated as being supplied by the Sparrow Pay, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Sparrow Pay 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.
By using the Services you agree not to: use the Services for any purposes other than to purchase Services in accordance with these Terms and Conditions and as such services are offered by Sparrow Pay impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase Service with what we reasonably believe to be potentially fraudulent funds infringe our or any third party's intellectual property rights, rights of publicity or privacy use the Services if You are under the age of eighteen (15) without a parental sponsor or in any event use the Services in accordance with applicable law post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person post or transmit any message, data, image or program which is pornographic in nature refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Sparrow Pay remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation intentionally interfere with or damage operation of the Services or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission interfere or disrupt this Site or networks connected to this Site take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network use any device, software or routine to bypass the Site's robot exclusion headers, or interfere or attempt to interfere, with the Services forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site sell the Services, information, or software associated with or derived from it use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others breach this Agreement or any other Sparrow Pay agreement or policy provide false, inaccurate or misleading information use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site purchase Service with what Sparrow Pay reasonably believes to be potentially fraudulent funds use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Sparrow Pay, a third party or You use the Services in a manner that Sparrow Pay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules take any action that may cause Sparrow Pay to lose any of the Services from its service providers, Telcos, payment processors or other suppliers send automated request of any kind to the Site's system without express permission in advance from Sparrow Pay.
Sparrow Pay 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 "Sparrow Pay" will appear on your credit card statement for purchase of Service you may use from Sparrow Pay.
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. Sparrow Pay 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. Sparrow Pay 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.
You agree that Sparrow Pay, 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. Sparrow Pay 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 Sparrow Pay 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 Sparrow Pay may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.
In no event will Sparrow Pay 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 nonpecuniary 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 Sparrow Pay or a Sparrow Pay authorized representative has been advised of the possibility of such damages. In no event will Sparrow Pay 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 Sparrow Pay, 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 Sparrow Pay 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 Sparrow Pay, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Sparrow Pay. Sparrow Pay 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, Sparrow Pay's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold Sparrow Pay, 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. Sparrow Pay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Sparrow Pay, including rights to settle, and You agree to cooperate with Sparrow Pay’s defense and settlement of these claims. Sparrow Pay 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.
To the fullest extent permissible pursuant to applicable law, Sparrow Pay 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 Sparrow Pay 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 "Sparrow Pay" includes Sparrow Pay's officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that Sparrow Pay 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. Sparrow Pay, and its third party suppliers, licensors, and partners do not warrant that the data, Sparrow Pay 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. Sparrow Payand 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 Sparrow Pay 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.
The Services and the Site are owned and operated by Sparrow Pay 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 Sparrow Pay (the "Materials") are protected by copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Sparrow Pay, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Sparrow Pay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Sparrow Pay or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by Sparrow Pay, 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. Sparrow Pay reserves all rights not expressly granted in this Agreement. If You have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Sparrow Pay, and shall assign to Sparrow Pay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Sparrow Pay reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to the Sparrow Pay website khalti.com or otherwise communicating the notification to You. 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. For certain changes, Sparrow Pay may be required under applicable law to give You advance notice, and Sparrow Pay will comply with such requirements.
Sparrow Pay may provide You with notices and communications by email, regular mail or postings on the Sparrow Pay website khalti.com or via push notifications on the app or by any other reasonable means. Except as otherwise set forth herein, notice to Sparrow Pay must be sent by courier or registered mail to Sparrow Pay Pvt. Ltd, Hariharbhawan, Pulchowk, Lalitpur, Nepal, GPO Box : 8975, EPC: 1887.
The failure of Sparrow Pay 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 Sparrow Pay.
Sparrow Pay may elect to resolve any dispute, controversy or claim arising our of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. 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 New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or Sparrow Pay (or its agents, suppliers, and subcontractors), pending the completion of arbitration. 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 laws of Republic of Nepal. 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.
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.
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.
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.
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 relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between You and Sparrow Pay 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 Sparrow Pay in accordance with the terms of this Agreement.