Terms of Agreement for UnelmaPay Services

YOU AGREE THAT THIS USER AGREEMENT WILL BE EFFECTIVE AS TO ALL USERS ON 17 March 2018

Welcome to UnelmaPay!

This Agreement is a contract between you and Unelma Platforms , and governs your use of all UnelmaPay Services. Using the UnelmaPay Services means that you must accept all of the terms and conditions contained in this Agreement and the agreements on the  Legal Agreements  page including the Privacy Policy and the Acceptable Use Policy. You should read all of these terms carefully.

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We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website. All future changes set out in the Policy Update already published on the “Legal Agreements” page of the UnelmaPay website at the time you register for the UnelmaPay Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.

Consumer advisory - Copyright © 2020 UnelmaPay Limited and Unelma Pay Travels and Tours Private Limited. Unelma Pay is a part of Unelma Platforms Ltd. All rights reserved. UnelmaPay Limited is legally registered in Nepal and UK and Unelma Platforms Ltd. is registered in Nepal, Finland and US with company number 177255, FI28975862, DE7664450 and its registered office at Ratnanagar, Tandi, Chitwan, Nepal, Nuijavuori 1 D, Espoo, Finland and 19th ST Lot 43, Boulder CO 80304, United States. Unelma Platforms Inc. has Federal MSB Registration and license No. 31000169138565. Registered Money Services Business (MSB) and online digital wallet provider with Financial Crimes Enforcement Network (FinCEN). Unelma Platforms is a business entity registered at Global Legal Entity Identifier Foundation (GLEIF), with entity identifier is 7437001A4PTU07V33A97.

This is an important document which you must consider carefully when choosing whether to use the UnelmaPay Services. Please note the following risks of using the UnelmaPay Services:

Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.

If you are a Seller, you can lower the risk of a payment being reversed from your Account by following the criteria set out in the Seller Protection section and by following the other guidance provided in the "Security Center page" accessible via every page of the UnelmaPay website.

We may close, suspend, or limit your access to your Account or the unelma pay Services, and/or limit access to your funds if you violate this Agreement, the unelma pay Acceptable Use Policy, or any other agreement you enter into with UnelmaPay.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the UnelmaPay Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

This Agreement is not a solicitation of the  unelmaPay  Services and unelmaPay is not targeting any country or market through this Agreement.

1. Payment Services and Eligibility.

1.1 Payment Services. unelmaPay  is a payment services provider and acts as such by creating, hosting, maintaining and providing our unelmaPay Services to you via the Internet. Our services allow you to send payments to anyone with a unelmapay  Account, and, where available, to receive payments. Our service availability varies by country. We offer services in compliance with local laws and regulations.

unelmaPay is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties.

We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our unelmaPay  Service. We cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction.

unelmaPay is not a common carrier or public utility.

1.2 Eligibility. To be eligible to use the unelmaPay  Services, you must be at least 18 years old or higher based on the age of majority in your jurisdiction, and a resident of one of the countries listed on the  UnelmaPay Worldwide  page.

You must list your correct country of residence in your Account. This Agreement applies only to Users who are residents of one of the countries listed in Section 1.1 above. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.

1.3 Information. In order to open and maintain an Account, you must provide us with correct and updated Information.

  1. Your contact information. It is your responsibility to keep your primary email address up to date so that Unelmapay can communicate with you electronically. You understand and agree that if UnelmaPay  sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, unelmaPay  will be deemed to have provided the Communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add UnelmaPay  to your email address book so that you will be able to view the Communications we send to you.

    You can update your primary email address or street address at any time by logging into the Unelmapay website. If your email address becomes invalid such that electronic Communications sent to you by Unelmapay are returned, UnelmaPay may deem your Account to be inactive, and you will not be able to transact any activity using your UnelmaPay Account until we receive a valid, working primary email address from you.
  2. Identity Verification. You authorize UnelmaPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.
  3. Credit Report Authorization. If you open a Business Account, you are providing UnelmaPay with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing UnelmaPay to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time UnelmaPay reasonably believes there may be an increased level of risk associated with your Business Account.
  4. Updates to Information. If your credit card number or expiration date changes, we may acquire that information from our financial services partner and update your Account.

1.4 Beneficial Owner.

You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

2. Sending Payments.

2.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the UnelmaPay Services. You can view your sending limit, if any, by logging into your Account. If you have a Verified Account, we may increase your sending limits.

2.2 Default Payment Methods. When you make a payment, if you have not selected a Preferred Payment Method, UnelmaPay will fund your transaction in this order (subject to availability based on your Payment Methods and country of registration):

  1. Balance
  2. Wire Transfer from your bank account
  3. Debit card
  4. Credit card

Note: If you do not want to use your balance, you must withdraw it before making a payment.

2.3 Cards as Payment Methods. By adding a debit card or credit card as a Payment Method, you are providing UnelmaPay with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your Account Profile.

2.4 Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment or a No Log-In Payment.

For a Preapproved Payment and, in most instances, a No Log-In Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and through the My Preapproved Payments section of your Account Profile.

If you select a Preferred Payment Method but have available balance in your Account, your balance will be used to fund your payment. If eCheck is your Preferred Payment Method, it will be used to fund your UnelmaPay payment, even if you have a balance.UnelmaPay may limit the Payment Methods available for a transaction.

2.5 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.

2.6 Merchant Processing Delay. When you send a payment to certain Merchants, you are providing an Authorization to the Merchant to process your payment and complete the transaction. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time the Merchant processes your payment and completes the transaction.

2.7 Preapproved Payments. A Preapproved Payment is a payment in which you Authorize a Merchant to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments”, “preauthorized transfers” or "automatic payments". Within two (2) Business Days of any Preapproved Payment made from your Account, you will receive a confirmation of this transaction by email.

  1. Notice for Certain Preapproved Payments. If a Preapproved Payment will vary in amount and is made using an Instant Transfer, eCheck, debit card Payment Method or your UnelmaPay balance, you have the right to advance notice of the amount and date of the transfer from the Merchant at least 10 Days before the transfer is made. If the Merchant provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Merchant. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.

2.8 Stopping a Preapproved Payment. You may stop a Preapproved Payment at any time up to 3 Business Days prior to the date the next payment is scheduled to be made by notifying UnelmaPay. To stop a Preapproved Payment, access the "My Preapproved Payments" section of your Account Profile and follow the links to stop the payment. You may also stop a Preapproved Payment by calling UnelmaPay at +97756562130 . Once you contact UnelmaPay stop a Preapproved Payment, all future payments under your agreement with the Merchant will be stopped. If you stop a Preapproved Payment you may still be liable to the Merchant for the payment or for other penalties under the terms of your agreement with the Merchant and you may be required to pay the Merchant through alternative means. We will be liable for your losses or damages directly caused by our failure to stop any Preapproved Payment if you have followed the instructions in this section to notify us.

3. Eligibility for Use.

3.1 Ability to Receive Payments. The ability to receive payments varies by country. To determine whether you have the ability to receive payments.

3.2 Automatic Transfer Countries. If you are a resident of an Automatic Transfer Country, then you have the ability to receive payments but you must withdraw the full amount of your payment through an available withdrawal method. If you do not do so, the amounts will be automatically withdrawn from your Account to your withdrawal method on a regular basis. For additional terms regarding Automatic Transfer, please contact us.

3.3 Liability for Invalidated Payments. When you receive a payment, you are liable to UnelmaPay for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in Exhibit A (Fees) of this Agreement if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.

You agree to allow UnelmaPay to recover any amounts due to UnelmaPay by debiting your balance. If there are insufficient funds in your balance to cover your liability, you must reimburse UnelmaPay through other means. If a sender of a payment files a Chargeback, the card issuer, not UnelmaPay, will determine who wins the Chargeback.

3.4 No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting UnelmaPay as a payment method without our prior written consent. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-UnelmaPay transactions.

3.5 Receiving Personal Payments. If you are selling goods or services, you may not ask the buyer to send you a Personal Payment for the purchase.

3.6 Preapproved Payments and/or No Log-In Payments. If you receive Preapproved Payments and/or No Log-In Payments you must receive your buyer’s Authorization to the payment amount, frequency and duration prior to submitting the payment.

3.7 Micropayments for Digital Goods. To qualify to receive Micropayments for Digital Goods, you must submit an application, be approved by us, and have an Account in good standing. By applying for Micropayments for Digital Goods, you agree that for Digital Goods transactions you receive up to the amounts in the table below, then if a buyer opens a Dispute, UnelmaPay may reverse the transaction, and remove the funds from your Account without requiring the buyer to escalate the Dispute to a Claim.

Currency

Amount

U.S. Dollar:

3.99

Nepalese Rupees:

15.00

4. Account Balances.

4.1 Balances. If you hold a balance, UnelmaPay  will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. UnelmaPay  will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. UnelmaPay may receive interest on amounts that UnelmaPay  holds on your behalf. You agree to assign your rights to UnelmaPay  for any interest derived from your funds.

4.2 Setoff of Past Due Amounts. If you have a past due amount owed to UnelmaPay , an Affiliate UnelmaPay may debit your Account to pay any amounts that are more than 180 Days past due.

4.3 Negative Balances and Multiple Currencies. If your Account has a negative balance, UnelmaPay may set-off the negative balance with any funds that you subsequently add or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, UnelmaPay may set-off the negative balance by using funds you maintain in a different currency balance. If you open more than one Account, UnelmaPay may set off the negative balance in one Account by using any balance that you maintain in your other Account(s). In the event that a negative balance is offset by UnelmaPay  pursuant to this paragraph, it may be bundled with another debit coming out of your Account.

5. Withdrawing Money.

5.1 How to Withdraw Money. For new users All payments that you receive will be subject to an initial 30 day hold. Depending on the country in which your Account is registered, you may withdraw funds from your Account in any of these methods: (a) by electronically transferring them to your Nepal bank account or to your local bank account, (b) by electronically transferring them to your Visa branded card, (c) through a UnelmaPay initiated Automatic Transfer to your linked financial instrument, or (d) by requesting a physical check through the mail. In certain countries, your ability to withdraw to a local bank account may require the use of UnelmaPay  Retiros. Different currency rules may apply to UnelmaPay  Retiros. Please see terms and conditions for additional information regarding the service. Depending on the country in which your Account is registered, the currencies in which you may withdraw your funds to your local bank account may be limited. With the exception of Users with Accounts registered in the People’s Republic of China or unless otherwise specified, when withdrawing your funds to your local bank account, funds may only be withdrawn in your local currency. If you are holding a balance in Nepal Rupees, you may be able to withdraw the funds to your linked Nepal bank account. If you are holding a balance in a foreign currency, you may only withdraw that balance (or part thereof) after it has been converted to (a) the local currency if you are withdrawing your funds to your local bank account or (b) Nepal Rupees if you are withdrawing your funds to your linked Nepal bank account. Depending on the country in which your Account is registered, you may be able to withdraw your funds through a third party service provider. Please see terms of such third party for information regarding currency conversions.

Generally, we will send checks only to confirmed addresses, unless you have a Verified Account. We will not send checks to post office boxes. If you would like us to send a check to an address that does not meet these criteria, you must contact Customer Service and provide the documentation that we request to verify your association with the address. If you fail to cash a check within 180 Days of the date of issuance, we will return the funds to your balance (minus a Fee).

5.2 Withdrawal Limits. Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account. In addition, we may delay withdrawals of large sums of money while we perform a risk review. Please see terms and conditions of the UnelmaPay Retiros service for information regarding the limits applicable to such service. 

5.3 Withdrawal Fees. When withdrawing your balance, you will be charged the Withdrawing your Balance Fee as set out in Exhibit A (Fees) depending on the method of withdrawal. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will additionally be charged Currency Conversion Fees as set out in Exhibit A (Fees).

5.4 Payment Hold Period:

  1. All payments that you receive will be subject to an initial 30 day hold period and will be placed in a pending balance. This means that you will not have access to your funds for at least 30 days.
  2. After the initial 30 day hold period, your funds will be released to your available balance unless UnelmaPay is holding the amounts for another reason as specified in the UnelmaPay  User Agreement, or other agreement that you have entered into with UnelmaPay.
  3. UnelmaPay , in its sole discretion, may determine that you are no longer subject to an initial 30 day hold period. In such an event, payments you receive into your UnelmaPay account will appear in your available balance soon after you receive the payment. UnelmaPay  will base its decision to remove the 30 day hold period on a number of factors including but not limited to the following: the length of time you have been a UnelmaPay  customer, the type of goods or services that you sell, and the number of customer complaints that you receive.

6. Closing Your Account.

6.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited. You must withdraw your balance prior to closing your Account.

6.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect UnelmaPay, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

7. UnelmaPay Buyer Protection.

7.1 Types of Problems Covered. UnelmaPay  Buyer Protection helps you if you encounter either of these problems:

  • "Item Not Received" (INR): You did not receive the item you paid for with UnelmaPay ; or
  • "Significantly Not as Described" (SNAD) You received an item you paid for with UnelmaPay but it is Significantly Not as Described (SNAD).

If your problem is a transaction that you did not authorize, please see section 8 below.

An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing. Here are some examples:

  • You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
  • The condition of the item was misrepresented. For example, the description when you bought the item said “new” and the item was used.
  • The item was advertised as authentic but is not authentic.
  • The item is missing major parts or features which were not disclosed in its description when you bought the item.
  • You purchased three items from a Seller but only received two.
  • The item was materially damaged during shipment.

An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description. Here are some examples:

  • The defect in the item was correctly described by the Seller.
  • The item was properly described but you didn't want it after you received it.
  • The item was properly described but did not meet your expectations.
  • The item has minor scratches and was listed as used condition.
  • The item was listed as used condition and you picked it up in person after examining the item.

7.2 Eligibility Requirements.

a. To be eligible for UnelmaPay  Buyer Protection you must meet all of the following requirements:

  • Your payment must be for an eligible item and made from your UnelmaPay  Account (see Section 7.3 for further details on item eligibility)
  • Open a Dispute within 180 Days of the date you sent the payment – then follow the online dispute resolution process described below under "Dispute Resolution"
  • You must respond to UnelmaPay’s request for documentation and other information in a timely manner
  • Have an Account in good standing
  • You have not received a recovery related to such purchase from another source

7.3 Ineligible Items. Payments for the following are not eligible for reimbursement under UnelmaPay Buyer Protection:

  • Real estate
  • Businesses (when you buy all or part of a business)
  • Vehicles, including motorcycles, caravans, aircrafts and boats
  • Significantly Not As Described Claims for custom made items
  • Items that violate UnelmaPay's Acceptable Use Policy
  • For Item Not Received (INR) items which you collect in person, or arrange to be collected on your behalf, including at a retail point of sale
  • Industrial machinery used in manufacturing
  • Stored value items such as gift cards and pre-paid cards
  • Gold Bullion
  • Gambling, gaming and other activity with an entry fee and a prize
  • Anything purchased from or an amount paid to a government agency
  • Mass Payments / Payouts
  • Donations
  • Financial products or investments
  • Send money transactions where the sender pays the UnelmaPay transaction fee

Even if your payment is not eligible for UnelmaPay  Buyer Protection, you can file a Dispute and resolve the issue directly with the Seller, however, UnelmaPay will not find in your favor if you escalate a Dispute to a Claim when an item is not eligible for UnelmaPay Buyer Protection.

7.4 Coverage Amount. If you are eligible for UnelmaPay  Buyer Protection and UnelmaPay  finds in your favor on your Claim, UnelmaPay will reimburse you for the full purchase price of the item and original shipping costs.

UnelmaPay will not reimburse you for the return shipping costs that you incur to return a Significantly Not as Described (SNAD) item to the Seller or other party specified by UnelmaPay . If the Seller presents evidence that they delivered the goods to your address, UnelmaPay may find in favor of the Seller for an Item Not Received (INR) Claim even if you did not receive the goods.

7.5 Dispute Resolution. If you are unable to resolve a problem directly with a Seller, you can go to the transaction details and open a dispute.

Open a Dispute. Open a Dispute within 180 Days of the date you made the payment to negotiate with the Seller for resolution of the Dispute.

  • Escalate the Dispute to a Claim. If you and the Seller are unable to come to an agreement, you can escalate the Dispute to a Claim within 20 Days after opening the Dispute.

You must wait at least 7 Days from the date of payment to escalate a Dispute for an Item Not Received (INR) Claim. If you do not escalate the Dispute to a Claim within 20 Days, UnelmaPay  will permanently close the Dispute.

  • Respond to UnelmaPay 's requests for information in a timely manner. During the Claim process, UnelmaPay may require you to provide documentation or other information. You may be asked to provide receipts, third party evaluations, police reports, or anything else that UnelmaPay  specifies.
  • Comply with UnelmaPay's shipping requests in a timely manner. For Significantly Not as Described (SNAD) Claims, UnelmaPay will generally require you, at your expense, to ship the item back to the Seller, or to UnelmaPay , or to a third party and to provide proof of delivery.

For transactions that total less than $250 USD (or the equivalent in other currencies as listed below), proof of delivery is confirmation that can be viewed online and includes the delivery address showing at least city/state or postal code, delivery date, and the URL to the shipping company’s website if you’ve selected “Other” in the shipping drop down menu. For transactions that total $250 USD or more (or the equivalent in other currencies as listed in the table below), you must also get a signature confirmation of the delivery (except for buyers having a UnelmaPay  Account registered: in Albania, Andorra, Bosnia and Herzegovina, Croatia, Iceland, or Ukraine to whom such requirement won’t apply)

 

$250 USD signature confirmation requirement – other currencies equivalents:

Currency

Amount

Nepal Rupees:

NPR 900

U.S. Dollar:

$250.00 USD

  • Claim Resolution Process. Once a Dispute has been escalated to a Claim, UnelmaPay will make a final decision in favor of the buyer or the Seller. You may be asked to provide receipts, third party evaluations, police reports, or anything else that UnelmaPay  specifies. UnelmaPay retains full discretion to make a final decision in favor of the buyer or the Seller. In the event that UnelmaPay makes a final decision in favor of the buyer or Seller, each party must comply with UnelmaPay ’s decision. UnelmaPay  will generally require the buyer to ship an item that the buyer claims is SNAD back to the Seller (at the buyer’s expense), and UnelmaPay  will generally require a Seller to accept the item back and refund the buyer the full purchase price plus original shipping costs. In the event a Seller loses a Claim, the Seller will not receive a refund on his or her UnelmaPay fees associated with the transaction. If you are a Seller and you lose a SNAD Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back.

7.6 Digital Goods Micropayment Disputes and Claims. If you file a Dispute for a Digital Goods purchase of up to the amounts in the table below, UnelmaPay may, at its sole discretion, refund the transaction without requiring you to escalate the Dispute to a Claim.

UnelmaPay may limit the number of Digital Goods refunds that you may receive. If these are limited or if your purchase is not eligible for coverage, you will still be able to follow UnelmaPay’s standard dispute resolution processes described in this Section 7 to attempt to resolve the issue with the Seller directly.

7.7 Relationship between Unelmapay's protection programs and Chargebacks. Credit card Chargeback rights, if they apply, may be broader than Unelmapay’s protection programs. Chargebacks may cover unsatisfactory items even if they do not qualify as SNAD. You may pursue a Dispute/Claim with UnelmaPay , or you may contact your credit card company and pursue your Chargeback rights. You may not pursue both at the same time or seek a double recovery. If you have an open Dispute or Claim with UnelmaPay , and also file a Chargeback with your credit card company, UnelmaPay will close your Dispute or Claim, and you will have to rely solely on your Chargeback rights.

Before contacting your card issuer or filing a Dispute with UnelmaPay , you should contact the Seller to resolve your issue in accordance with the Seller’s return policy as stated on their auction or website.

7.8 Claims filed with Seller or other third parties. You may not file a Dispute/Claim under UnelmaPay  Buyer Protection if you have already filed a claim with the Seller or another third party .

7.9 No Double Recovery. You may not receive a recovery for a purchase under UnelmaPay  Buyer Protection if you have already received a recovery for that purchase directly from the Seller or another third party.

8. Errors and Unauthorized Transactions.

8.1 Protection for Unauthorized Transactions and Errors. When an Unauthorized Transaction or an Error occurs in your Account, Unelmapay will cover you for the full amount of every eligible Unauthorized Transaction or Error so long as you follow the procedures discussed below.

An Unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.

The 2 Step Verification Must be Activated on Your Account to be Eligible for Protection.

8.2 Notification Requirements.

a. You should immediately notify UnelmaPay  if you believe:

  • there has been an Unauthorized Transaction or unauthorized access to your Account;
  • there is an Error in your Account history statement (you can access your Account history statement by logging into your Account and clicking on a link to “View all of my transactions” ) or in your transaction confirmation sent to you by email;
  • your password or UnelmaPay  Mobile PIN has been compromised;
  • your UnelmaPay Mobile-activated phone has been lost, stolen or deactivated; or
  • you need more information about a transaction listed on the statement or transaction confirmation.

b. To be eligible for protection for Unauthorized Transactions, you must notify us within 60 Days after any Unauthorized Transaction first appears in your Account history statement. We will extend the 60 Day time period if a good and demonstrable reason, such as a hospital stay, kept you from notifying us within 60 Days.

You should regularly log into your Account and review your Account history statement to ensure that there has not been an Unauthorized Transaction or Error. UnelmaPay will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.

For Unauthorized Transactions or Errors in your Account, notify us as follows:

  • Your name and email address registered to your Account;
  • A description of any suspected Unauthorized Transaction or Error and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and
  • The amount of any suspected Unauthorized Transaction or Error.

If you notify us orally, we may require that you send us your complaint or question in writing within 10 Business Days. During the course of our investigation, we may request additional information from you.

8.3 UnelmaPay Actions after Receipt of Your Notification. Once you notify us of any suspected Unauthorized Transaction or Error, or we otherwise learn of one, we will do the following:

  • We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Error that is eligible for protection.
  • We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transactions or Error. If your Account is new (the first transaction from your Account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 Days to complete our investigation (or up to 90 Days for new Accounts, or if your transaction was at a point of sale where you were physically present, or a foreign initiated transaction).
  • If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected Unauthorized Transaction or Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new Accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days (or 20 Business Days for new Accounts), we will not provisionally credit your Account.
  • We will inform you of our decision within 3 Business Days after completing our investigation.

If we determine that there was an Unauthorized Transaction or Error, we will promptly credit the full amount into your Account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

If we decide that there was not an Unauthorized Transaction or Error, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.

8.4 UnelmaPay  Errors. We will rectify any Error that we discover. If the Error results in your receipt of less than the correct amount to which you are entitled, UnelmaPay will credit your Account for the difference. If the Error results in your receipt of more than the correct amount to which you are entitled, UnelmaPay  will debit the extra funds from your Account.

8.5 Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. UnelmaPay will not reimburse you or reverse a payment that you have made in error.

9. UnelmaPay  Seller Protection.

9.1 UnelmaPay  Seller Protection.

UnelmaPay Seller Protection is protection we provide to Sellers from Claims, Chargebacks, or Reversals that are based on

  • Unauthorized Transaction; or
  • Item Not Received.

UnelmaPay Seller Protection is available for eligible payments from buyers in any country. If you sell or market to buyers in other countries, you should read the UnelmaPay  Buyer Protection policies of the countries in which your target buyers are based (the relevant UnelmaPay Buyer Protection policies are available . as these policies will apply to you as a Payment Recipient or Seller.

9.2 Scope of Protection. UnelmaPay will protect you for the full amount of the eligible payment and waive the Chargeback Fee, if applicable.

9.3 Eligibility Requirements. To be eligible for UnelmaPay  Seller Protection, you must meet all of the basic requirements listed below under (a) Basic Requirements. To be covered for Item Not Received protection you must meet both the Basic Requirements and the Item Not Received Additional Requirements listed below under (b). To be covered for Unauthorized Transactions protection you must meet both the Basic Requirements and the Unauthorized Transactions Additional Requirements listed below under (c)

a. Basic Requirements:

  • You must ship the item to the shipping address on the Transaction Details Page.
  • You must respond to UnelmaPay 's requests for documentation and other information in a timely manner.
  • The item must be a physical, tangible good that can be shipped.
  • You must accept payment from one UnelmaPay  account for the purchase (partial payment and/or payment in installments are excluded).

b. Item Not Received Additional Requirements:

  • The payment must be marked "eligible" or "partially eligible" for UnelmaPay Seller Protection on the Transaction Details Page.
  • You must have a Proof of Delivery as described below in Section 9.4.
  • You must ship the item within 7 Days of receipt of payment. Or, if the payment is for pre-ordered or made-to-order goods, shipment is required within the timeframe specified in your item listing.

c. Unauthorized Transactions Additional Requirements:

  • The payment must be marked "eligible" for UnelmaPay  Seller Protection on the Transaction Details Page.
  • You must have a Proof of Shipment or a Proof of Delivery as described below in Section 9.4.

9.4 Proof of Shipment, Proof of Delivery, and Signature Confirmation Requirements:

"Proof of Shipment" is online or physical documentation from a shipping company that includes all of the following:

  • The date the item is shipped.
  • The recipient's address, showing at least the city/state or postal code (or international equivalent).

"Proof of Delivery (for tangible items)" is online documentation from a shipping company that includes all of the following:

  • The date the item is delivered.
  • The recipient's address, showing at least the city/state or postal code (or international equivalent).
  • Signature Confirmation as described below for payments of $750 USD or more (or the following equivalents), save for Sellers having a UnelmaPay  Account registered in Albania, Andorra, Bosnia and Herzegovina, Croatia, and Ukraine to whom such requirement won’t apply):

Currency

Amount

Nepal Rupees:

NPR 2750

U.S. Dollar

$750 USD

"Signature Confirmation" is online documentation that can be viewed at the shipping company's website and indicates that the item was signed for on delivery.

“Proof of Delivery (for intangible or virtual items or services)” means any compelling evidence to show the purchase order was fulfilled and includes all of the following:

a. The date the item or service was provided;

b. The recipient’s address (email/IP, etc) where applicable.

NOTE: Although Buyer Protection extends coverage to buyers for intangible items, Seller Protection does not apply to intangible items.

9.5 Items/Transactions not Eligible for UnelmaPay  Seller Protection.

The following are examples of items/transactions not eligible for UnelmaPay Seller Protection:

  • Claims or Chargebacks for Significantly Not as Described.
  • Items that you deliver in person, including at a point of sale.
  • Intangible items, including Digital Goods and services.
  • Items equivalent to cash (including, without limitation, gift cards or vouchers).
  • Gold Bullion.
    • UnelmaPay  Direct Payments (including Virtual Terminal Payments and Website Payments Pro/Plus payments).
  • Mass Payment / Payouts.
  • Counterfeit goods.
  • Items that are not shipped to the recipient address. If you originally ship the item to the recipient address but the item is later redirected to a different address, you will not be eligible for UnelmaPay  Seller Protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid proof of shipping and delivery.
  • Donations.
  • Financial products and investments.

10. Restricted Activities.

10.1 Restricted Activities. In connection with your use of our website, your Account, the UnelmaPay Services, or in the course of your interactions with UnelmaPay , other Users, or third parties, you will not:

  1. Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other Policy that you have agreed to with UnelmaPay ;
  2. Violate any law, statute, ordinance, or regulation;
    1. Infringe UnelmaPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  3. Sell counterfeit goods;
  4. Act in a manner that is defamatory, trade libelous, threatening or harassing to our employees, agents or other Users;
  5. Provide false, inaccurate or misleading Information;
  6. Engage in potentially fraudulent or suspicious activity and/or transactions;
  7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  8. Receive or attempt to receive funds from both UnelmaPay  and the Seller, bank or card issuer for the same transaction during the course of a Dispute;
  9. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  10. Conduct your business or use the UnelmaPay Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to UnelmaPay , other Users, third parties or you;
  11. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the UnelmaPay  Services;
  12. Use your Account or the UnelmaPay  Services in a manner that UnelmaPay , Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  13. Allow your Account to have a negative balance;
  14. Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
  15. Access the UnelmaPay Services from a country that is not listed on UnelmaPay's Worldwide page.
  16. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
  17. Send unsolicited email to a User or use the UnelmaPay Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  18. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  19. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  20. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  21. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the UnelmaPayServices;
  22. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; or
  23. Abuse (as either a buyer or seller) our online Dispute Resolution process and/or UnelmaPay Buyer Protection.

11. Your Liability - Actions We May Take.

11.1 Your Liability.

a. General. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by UnelmaPay, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the UnelmaPay Services. You agree to reimburse UnelmaPay , a User, or a third party for any and all such liability.

b. Liability for Claims under UnelmaPay  Buyer Protection. If you are a Seller and you lose a Claim filed directly with , you will be required to reimburse UnelmaPay  for your liability. Where you receive payment from a UnelmaPay Account holder in another country and we determine under the Buyer Protection policy of that country that the funds received should be returned or reversed, you will be required to reimburse UnelmaPay  for your liability (before receiving payment from a UnelmaPay  Account holder in another country, you should review the relevant UnelmaPay Buyer Protection policies available . Your liability will include the full purchase price of the item plus the original shipping cost (and in some cases you may not receive the item back), and the UnelmaPay  Fees that you were charged for the transaction. UnelmaPay Seller Protection will cover your liability for eligible Claims based on Item not Received, and eligible Unauthorized Transactions - see Section 9 (UnelmaPay Seller Protection) above. If a buyer files a Significantly Not as Described (SNAD) Claim for an item he or she purchased from you, you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your UnelmaPay  Fees. 

c. Liability for instructions given by you on your Account. Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by UnelmaPay . UnelmaPay  will not be liable for any loss or damage you or anyone else suffers where UnelmaPay acts on those instructions in good faith, unless it was proved that UnelmaPay  was negligent.

11.2 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to UnelmaPay, UnelmaPay may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your UnelmaPay balance or reimburse UnelmaPay  through an alternative method. If you do not do so, UnelmaPay may engage in collection efforts to recover such amounts from you.

11.3 Actions by UnelmaPay – Restricted Activities. If UnelmaPay , in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect UnelmaPay , Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liabili

11.2 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to UnelmaPay, UnelmaPay  may immediately remove such amounts from your balance. If you do not have a balance that is sufficient to cover your liability, your remaining balance (if any) will be removed, your Account will have negative balance up to the amount of your liability, and you will be required to immediately Add Money to your UnelmaPay  balance or reimburse UnelmaPay through an alternative method. If you do not do so, UnelmaPay  may engage in collection efforts to recover such amounts from you.

11.3 Actions by UnelmaPay – Restricted Activities. If UnelmaPay , in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect UnelmaPay , Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  1. We may close, suspend, or limit your access to your Account or the UnelmaPay  Services;
  2. We may suspend your eligibility for UnelmaPay  Buyer Protection and/or UnelmaPay  Seller Protection;
  3. We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Nepal or elsewhere and directed to UnelmaPay or its Affiliates;
  4. We may refuse to provide the UnelmaPay Services to you now and in the future; and
    1. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to  Unelmapay or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

11.4 Actions by UnelmaPay  - Holds.

  1. Risk-Based Holds. UnelmaPay , in its sole discretion, may place a hold on any or all of the payments you receive when UnelmaPay  believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. UnelmaPay ’s determination may be based on different factors and UnelmaPay may rely on information it receives from third parties. If UnelmaPay  places a hold on a payment, the funds will appear as pending balance or withheld and the payment status will indicate the hold. If UnelmaPay  places a hold on any or all of the payments you receive, UnelmaPay  will provide you with notice of our actions. UnelmaPay will release the hold on any payment after 30 Days from the date the payment was received into your Account unless UnelmaPay has a reason to continue to hold the payment such as (a) the receipt of a Dispute, Claim, Chargeback, or Reversal, (b) UnelmaPay believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) UnelmaPay  believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, UnelmaPay  may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. UnelmaPay , in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
    1. Disputed Transaction Holds. If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, UnelmaPay may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute or the transaction is eligible for UnelmaPay  Seller Protection, UnelmaPay will lift the temporary hold. If you lose the dispute, UnelmaPay will remove the funds from your Account.11.5 Actions by UnelmaPay  - Reserves.

UnelmaPay , in its sole discretion, may place a Reserve on funds held in your Business Account when UnelmaPay  believes there may be a high level of risk associated with your Account or your use of any of the products and/or services offered by UnelmaPay  and/or its Affiliates. If UnelmaPay places a Reserve in your Account, transactions will be shown as "pending" in your UnelmaPay balance, and you will not have access to funds in a “pending” status until they are cleared. If your Account is subject to a Reserve, UnelmaPay will provide you with notice specifying the terms of the Reserve. The terms may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that UnelmaPay  determines is necessary to protect against the risk associated with your Account. UnelmaPay may change the terms of the Reserve at any time by providing you with notice of the new terms.

11.6 Actions by UnelmaPay  - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria. UnelmaPay  in its sole discretion, reserves the right to terminate this Agreement and/or access to the UnelmaPay  Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that UnelmaPay’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the UnelmaPay system. You agree that UnelmaPay is under no obligation to disclose the details of its risk management or its security procedures to you.

11.7 Acceptable Use Policy Violations. If you violate the Acceptable Use Policy then in addition to the above actions you will be liable to UnelmaPay for the amount of UnelmaPay’s damages for each violation of the Acceptable Use Policy. You agree that $50,000.00 USD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of UnelmaPay’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to UnelmaPay  that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. UnelmaPay  may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.

Disputes with UnelmaPay .

12.1 Contact UnelmaPay First. If a dispute arises between you and UnelmaPay , our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and UnelmaPay regarding the UnelmaPay Services may be reported to Customer Service online through the UnelmaPay Help Center at any time, or by calling +97756562130

12.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Nepal International Arbitration Centre or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.