USER AGREEMENT AND TERMS OF SERVICE

This User Agreement ("Agreement") is a contract between you and Muncha Money Transfer Pvt. Ltd. If you do not agree to be bound by the terms and conditions of this User Agreement, you may not use this website and the services. By accessing and using the Service, you are agreeing to the User Agreement.

These are the terms and conditions you must agree to prior to using our services:

Muncha may amend this Agreement at any time by posting a revised version on the website. All amendments will be effective immediately after they are posted on the website.

In this Agreement, "you" or "your" means any person or entity ("Users") using the Service. Unless otherwise stated. "Muncha", "we", “money.muncha.com” or "our" will refer collectively to Muncha Money Transfer Pvt. Ltd., its officers, directors, Alliance Partners, agents, subsidiaries, joint ventures, employees and suppliers.

By clicking on "I Agree" during registration in our website, it will be deemed that you have read and understood the Terms and Conditions and that you agree to accept and abide by the Terms and Conditions of this user agreement. 

 

 DEFINITIONS

1. “Alliance Partner” or “Partner” means Lalit Money Transfer or any third party service provider who provides their services to enable the service.
2. "Customer" or “User” or “Users” means a Registered User who avails or seeks to avail of any Service.
3. "Customer ID" means the user identification chosen by the Customer and registered by the website which, along with the Customer Password, will enable the Customer to:
4. "Customer Password" means the password chosen by the Customer and registered by the website which, along with the Customer ID, will enable the Customer to:
• Avail of services and enter into transactions in respect of the services offered on the website,
• Do such other acts as the website may permit.
• "Service” means any product, service displayed or offered on or through the website (whether by Muncha or by any Alliance Partner) and includes remittance and money transfer services.
• "Person" includes an individual, a company, a body corporate, an association of persons (whether incorporated or not), a trust, a partnership firm, a society and the government.
• "Registered User" means any visitor who has registered with the website but who has not entered into any transactions in respect of the services and products offered on the website. The term "Registered User" includes every Customer.
• "Registered User ID" means the user name that is chosen by the Registered User and registered by the website for access to the website.
• "Registered User Password" means the password that is chosen by the Registered User and registered by the website for access to the website.
• "Service Provider" means Muncha powered by Lailt Money Transfer and its Partners, who provides any service to Muncha in order to enable Muncha to operate and/or maintain the website, provide any feature on the website or provide any Service which is provided by Muncha.
• “Mode of Payment” means your bank account or your debit/credit cards linked and registered with the Payment Processing Partner to pay for the transaction created by you. Such bank account and debit/credit cards are authorized by you to Lalit Money Transfer and its Alliance Partner to debit the amounts required by us to complete the transaction entered by you in the website.
• “Beneficiary” or “Recipient” means an individual or entity whose details are provided by you during the creation of the transaction and is the intended receiver of the amounts transferred in the transaction.
5. “Transaction” means a transfer of moneys using our services in the website including creation of such transaction by you in the website by providing and entering the amount required to be transferred, mode of payment, details of beneficiary etc
6. "The Terms and Conditions" or “terms of service (TOS)” means the terms and conditions set out above and below in this user agreement and also all other terms and conditions contained elsewhere on the website.

 

2. INTERPRETATION IN THE TERMS AND CONDITIONS, UNLESS REPUGNANT TO THE CONTEXT OR MEANING THEREOF,

1. "Alerts" means notices relating to various matters issued or to be issued by Muncha;
2. Reference to a particular gender shall be deemed to include a reference to the other genders;
3. The singular shall include the plural and vice versa; and
4. The word "includes" should be construed as if the words "without limitation" appear thereafter.

 

3. ELIGIBLE USERS

In order to access and use the website and avail of any Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the Website and the Services. If you do not qualify, please do not access or use the website or the Service.

 

4. REGISTRATION INFORMATION (IDS AND PASSWORDS) AND SECRECY

1. Only limited access to the website is available to Visitors. Visitors may not be permitted to avail of the Services. In order to obtain increased access to the website and in order to avail of the Services, you are required to register on the website as a Registered User.
2. You agree:
• To provide true, accurate, current and complete information about yourself as prompted by the registration form on the website, and
• To maintain and update this information to keep it true, accurate, current and complete at all times.
• To indemnify Muncha, and its Alliance Partner, for any losses caused to Muncha, or its Alliance Partner, due to any information provided by you to Muncha, or its Alliance Partner, being untrue, inaccurate, not current or incomplete in any respect, and Muncha, or its Alliance Partner, shall not be responsible for any losses sustained due to any untrue, inaccurate, non-current or incomplete information provided by you to Muncha, or its Alliance Partner, in any respect. If any information provided by you is untrue, inaccurate, non-current or incomplete, Muncha and its Alliance Partner, has the right to terminate your registration and refuse access to or use of the website or any Services.
• Upon registration, the website will register your Registered User ID and Registered User Password.
• To be solely and absolutely responsible for maintaining the secrecy and confidentiality of your Registered User IDs and passwords and you will be fully and absolutely responsible and liable for all transactions and activities that occur under your Registered User IDs and password including any unauthorized use or misuse of your Registered User IDs and/or password. You will be responsible and liable if any third party gains access to the website or any Service through the use of your Registered User IDs or password, and you hereby agree to indemnify Muncha, and its Alliance Partner, and hold Muncha, and its Alliance Partner, harmless against any liability, costs, damages, claims, suits and proceedings based upon or relating to such unauthorized access and use. Without prejudice to the aforesaid, you agree to:
1. Immediately notify Muncha via registered e-mail or through registered phone, of any suspected loss, theft, unauthorized usage of the Registered User ID or password, any other breach of security, or any receipt by you of confirmation of a transaction, fund or securities transfer or other activity which you did not authorize; or any inaccurate information in your account balances, securities positions or transaction history and
2. Ensure that you logout from the account associated with your Registered User ID at the end of each session.
3. Any transaction or activity pursuant to use of your Registered User ID or password shall be deemed to be your transaction or activity and Muncha, and its Alliance Partner, shall have no obligation to verify the authenticity of any such transaction or activity. Muncha, and its Alliance Partner, shall not be responsible for any mistake or error made by you with respect to any information entered by you in the website.
4. If you forget your Registered User ID, you can send a written request to Muncha at the address provided on the website giving such personal and transaction details satisfactory to Muncha, or its Alliance Partners. On Muncha being satisfied of your identity (which satisfaction shall be entirely at the discretion of Muncha), Muncha shall send the Registered User ID to the e-mail address registered with Muncha. You shall be responsible for continuing to maintain this e-mail address. Muncha, and its Alliance Partner, shall not be liable if it declines to furnish the Registered User ID by reason of it not being satisfied as to your identity.
5. If you forget your password, you can retrieve it from the site using “forgot password” link. The website shall send link to reset your password to the e-mail address registered with Muncha. You shall be responsible for continuing to maintain this e-mail address. Muncha shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity.
6. Notwithstanding anything stated elsewhere in the User Agreement, and despite correct use of your Registered User ID and password, Muncha shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as Muncha may deem fit.

 5. CONDUCT OF VISITORS, REGISTERED USERS AND CUSTOMERS

1. As a user of our website or Service or in the course of your interactions with us, you will not:
   • Use the Website for any purpose that is unlawful in any jurisdiction or not permitted by the Terms and Conditions;
   • Breach this User Agreement, or any other agreement between you and us.
   • Open more than one account;
   • Modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software, products or services obtained on or through the Website, except as permitted by the copyright owner or other right holder thereof;
   • Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind including, any information or statement constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national, foreign or other law;
   • Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Muncha) or engage in spamming or flooding;
   • Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
   • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
   • Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained on or through the Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, except as permitted by the copyright owner or other right holder thereof;
   • Upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, except as permitted by Muncha or the copyright owner or other right holder thereof, the website being copyrighted under the relevant laws;
   • Attempt to decompile or reverse engineer any of the software available on the website.
   • You will not make any attempt to hack into the website or otherwise attempt to subvert any firewall or other security measure of the website and if you become aware of any shortcoming in the security on the website, you shall forthwith inform Muncha of the same in writing.
   • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
   • Share Transaction numbers or information with anyone except Muncha and its Alliance Partners, your Recipient, or Beneficiary, and you will advise your Recipient or Beneficiary not to share Transaction numbers or information; or
   • Violate any other restrictions in this User Agreement.
1. If the website contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum.
2. You shall use any software provided on, by or through the website only for the purposes for which it has been provided to you and for no other purpose.

 

6. INFORMATION AND PRIVACY POLICY

1. By agreeing to this User Agreement, you acknowledge and consent to Muncha Money’s privacy policy and its Alliance partner's privacy policy.
2. As per the U.S. law requirement to fight the funding of terrorism and money laundering activities, we are required to obtain, verify, and record information about you. We may require that you provide us with non-public, personal, identifying information about you, your Recipient or your Beneficiary. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit our websites. Please see our Privacy Policy.
3. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.
4. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information and documents, requiring you to take steps to confirm ownership of your e-mail address, mobile device or mode of payment, or verifying your information against third party databases or through other sources. This may also include verifying your Beneficiary's information.

 

 7. Termination of account

Muncha Money and its Alliance Partners reserve the right to terminate this Agreement, access to its website for any reason and at any time. Additionally, we may suspend or terminate your account as required by a valid subpoena or court order or if we suspects you of using your account in furtherance of illegal activity. We may decide to complete or refund any incomplete transactions at the time of suspension or termination unless such transaction is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order. You may not cancel your account in order to cancel transactions already authorized by you for any reason, including to evade an investigation, avoid paying any amounts otherwise due to us, or to evade losses incurred due to exchange rate changes while an incomplete order was processing. We reserve the right to either complete or cancel any incomplete orders, and upon cancellation of your account, you authorize us to complete, cancel or suspend any incomplete orders, and to return the funds associated with such transactions to your bank account, as applicable. In the event that you or we terminate this Agreement or deactivate or cancels your account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or account errors, we may temporarily suspend access to your account until the problem is resolved.

 

8. PAYMENT

We take payments via ACH Debits. ACH Deposits generally take 4 to 6 business days. By using ACH you authorize Muncha Money and its Alliance Partners to debit the bank account provided by you for the noted amount on the date you authorize. You understand that because this is an electronic transaction, these funds may be withdrawn from your account as soon as the date you authorize. You will not dispute us debiting your checking/savings account, so long as the transaction corresponds to the terms indicated in your transaction. In addition, you agree on the following:

1. You agree to pay us a transaction fee plus the Transaction Amount for every transaction that you place in the website. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. You agree to reimburse us all fees if you submit a Transaction that results in Muncha Money Transfer or its Alliance partner or partner being charged non-sufficient fund fees, chargeback fees, or other similar fees.
2. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the mode of payment you provide us in connection with your use of the Service. For the purpose of this service, all charges and debits on the selected mode of payment shall be made by Lalit Money Transfer. If your payment fails or is insufficient, we may re-try debiting your Mode of payment one or more times without your authorization or you may authorize us to try debiting a different Mode of payment. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Mode of payment(s).
3. You are solely responsible for any fees or charges that may be imposed by the financial institutions associated with your Mode of payment.
4. You shall not be entitled to any benefit accrued to us on account of any foreign exchange fluctuation during the course of the services provided by Muncha Money Transfer. You agree, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the currency as set during the time of your Transaction.
5. In case if you fail to make payment and your transaction is already delivered to your Beneficiary, we have the right to take all possible actions to recover the payment, to the extent permitted by law. Your failure to fully pay amounts that you owe us is a material breach of this Agreement and you will be liable for our costs associated with recovery and collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.

 

9. ELECTRONIC FUND TRANSFER

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.

1. Definitions: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account can be defined as Electronic Fund Transfer. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. An Electronic Fund Transfer can be authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account. These type of electronic transfers are called preauthorizes electronic funds transfer.
2. Your Liability: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.

 

10. PAYOUT AND DELIVERY

1. All payouts and delivery into your Beneficiary’s bank account shall be made in association with Our Operating bank in Nepal, the authorized delivery agent of Muncha and its Alliance Partners. You authorize us and are solely responsible for any consequence that may come forth upon credit of the payment by Muncha or its Alliance Partners to the account of the Beneficiary as determined at the time of entering the transaction.
2. Your Beneficiary will be required to provide us with the copy of their Identity (Government Issued ID Card) before receiving funds in their bank account. You give us permission to contact your Beneficiary and store all such data, as necessary to provide the Service.
3. Please verify and make sure that the bank account information of the Beneficiary are correct prior to submitting your Transaction because we are not responsible for detecting inaccuracies. If bank account information and bank details of the Beneficiary are incorrect, the funds may be credited to the wrong bank and may not be recovered. Muncha or its Alliance Partners shall not be liable for such wrong delivery of funds.

 

11. OTHER TERMS

1. We shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
2. We shall be entitled, in our sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
3. We shall have the right to, and you hereby authorize us to, verify any information provided by you. As a standard KYC check we may be required to verify your identity details, which may leave a Muncha footprint on your credit file.

 

12. DISCLAIMERS

1. Access and use of the Website and the Facilities is entirely at your own risk. The Website, including any content or information on it, any related or linked site and all Facilities, products and services displayed, provided, availed of, licensed or purchased on, through or via the Website are provided "as is," without any representation or warranty of any kind, either express or implied, including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, fitness for any particular purpose or completeness. Specifically, Muncha disclaims any and all warranties including, but not limited to -
1. any warranties concerning the availability, accuracy, usefulness, or correctness, currency or completeness of information, Facilities, products or services and
2. any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the Terms and Conditions.
2. Muncha, or its Alliance Partner, has not verified and shall not be liable or responsible for any content or other information on the Website or on web-sites linked to or with Muncha. Muncha, or its alliance partner, does not, in any way, certify or warrant the performance, operation, content or availability of the Website or such other websites. Although Muncha adopts security measures which it considers appropriate for the Website, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the Website or any Customer Accounts. Muncha, or its alliance partner, shall not be responsible or liable if any unauthorized person hacks into or gains access to the Website, any Facility or your accounts; and you shall be liable and responsible for the same.
3. This disclaimer of liability applies also to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
4. The information and views contained herein are based on information available and believed to be correct to the best of our knowledge. Although due care has been exercised to verify the accuracy of the information, neither Muncha and its information suppliers assume responsibility for the accuracy or for any loss arising out of any information contained herein. This is neither a solicitation to invest in any product nor to avail of a particular service.
5. Muncha, or any of its alliance Partner, does not warrant or makes any representations regarding the use or the results of the use of any product, service and /or Facility in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Website, all site-related services and all Facilities, products and services mentioned or advertised on or accessed or availed on or through the Website.
6. Muncha operates and offers the website strictly on a no-liability basis and Muncha, or its Alliance Partner, shall not be liable to you or any other third party for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other law or theory arising out of or in connection with the website, or any Services, mentioned or advertised on or accessed or availed on or through the website or any contract or transaction entered into or executed in pursuance thereof (however arising, including negligence) or resulting from the use of or inability to use, access or avail of the website, any Service, or out of any breach of any warranty. Under no circumstances shall Muncha, or its Alliance Partner, be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, investment, production, goodwill, profit, interruption of business or any other loss of any character or nature whatsoever and whether sustained by you or any other person.
7. If any disclaimers or limitation of liability in the Terms and Conditions are held to be unenforceable, the maximum liability of Muncha (or the concerned Affiliate Partner or Service Provider, as the case may be) to you shall not exceed the amount of fees paid by you to Muncha (or the Affiliates Partner or Service Provider, as the case may be) for the Facilities, products or services that you have ordered or availed of on or through the Website.
8. While we shall endeavor that your instructions and your transactions pursuant to Services provided by us, are communicated, carried out and/or performed promptly, we do not guarantee that any instructions will definitely be communicated or carried out or that any transactions will definitely be performed; and we, shall not be responsible for any delay in communicating, carrying out or performance of any instructions or transactions due to any reason whatsoever, including by reason of failure of operational systems for reasons including but not limited to virus attacks, natural calamity, floods, fire and other act of nature, legal restraints, faults in the telecommunication network or network failure, software or hardware error, labor problem, strike or any other reason beyond our control.
9. We shall not be responsible for any inability to access the website or any use or misuse of the website.
10. Any search results displayed by or on the website are automated and cannot be screened. Accordingly, we assume no responsibility for the accuracy or otherwise of any search results or of the content of any site included in the search results or otherwise linked to the Website.
11. We shall not be responsible for any unauthorized interception of e-mail to or from you or us.
12. To the extent possible, the disclaimers, limitations on liability and indemnities available to us under the User Agreement shall mutates mutandis extend and be available also to the Alliance Partners and Service Providers and its / their respective directors, officers, employees, agents, successors, assigns, consultants, sponsors, affiliates, content providers and everyone involved in creating, producing, delivering or managing the website (or any part thereof) or any Service. However this clause shall not protect the aforesaid Persons or extend to their obligations and liability to Muncha, or its Alliance Partner or Muncha's claims against them.

 

13. TERMS OF SUPPLY OF SERVICE - GENERAL

1. The website primarily provides services displayed and offered by its Alliance Partners and Muncha on a no-liability and no-obligation basis. Several of the Services mentioned or offered on or through the website are provided by Alliance Partners (and not by Muncha) as indicated at the appropriate places on the website. Muncha makes no warranty for, the Alliance Partners or the Services provided by them, and Muncha shall not be liable for any loss or damage of any sort incurred as a result of any transactions or dealings with Alliance Partners, and the Alliance Partners may have their own agreements, terms and conditions which will govern such Services provided by them. The terms and warranties relating to such Services may vary from Alliance Partner to Alliance Partner and Service to Service. You should also obtain the full text of such terms and warranties from the Alliance Partners.
2. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in our sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without prior notice. Your Transaction may be delayed or cancelled at any time prior to delivering the funds into your Beneficiary's bank account without prior notice. We may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction instructions and Mode of payment; fraud and anti-money laundering compliance review; contacting and locating you, your Beneficiary and to comply with applicable law. Business hours, systems availability and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 12 of this User Agreement.
3. You agree that you will only use the Services to send money or mobile reloads to people or to Beneficiaries that you know personally and for personal reasons. If we discover you are using the Service for commercial purposes, including purchase of goods or pay for services other than payments made to Service Companies specifically provided for by the Service, we may, in our sole discretion, cancel your Transaction(s) and close your account.
4. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of this User Agreement to use the Service for any of the following activities including: sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money or mobile reloads to a Beneficiary that has violated the User Agreement or any other purpose deemed illegal by governing jurisdictions. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send money transfers and mobile reloads to, or pay bills for, family and friends. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this User Agreement including for commercial purposes, for purchases of goods or payments for services of any kind. You acknowledge that we are not liable for your use of the Service in violation of this User Agreement, including all risks associated with the purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay for using the Service.
5. You may not submit or receive a Transaction: (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without our express consent. You may send Transactions to Service Companies for Beneficiaries whom you know personally. We may, at any time and in our sole discretion: (i) refuse any Transaction, or (ii) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
6. We do not allow you to change the details of your Transaction once it has been submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate before you submit your Transaction for processing.
7. Where any Service is provided by us, it is expressly mentioned on the website. We, offer services strictly on a no-liability basis. Accordingly, while Muncha and its Alliance Partner, shall endeavor to offer such Services as per their terms, no claim shall lie against us, and we shall not be liable to you or to any Person, in the event of non-provision of any Service or delay or omission to do any act pursuant to any Service provided by us or on any other account whatsoever. You should avail of Services provided by us only if you are agreeable to the above.
8. All your rights and remedies and all maintenance, update, warranty, liability or any other obligations related to any Service, if any, shall be governed by the applicable terms, policies and procedures of the concerned Alliance Partner and Muncha shall not be liable or responsible for the same in any manner. You shall have no claim, rights or remedies whatsoever against Muncha in respect of any Service availed or sought to be availed by you from any Alliance Partner.
9. If you wish to avail of a Service, you may be asked by the Alliance Partner or Muncha to supply certain information, including but not limited to your bank account, credit or debit card or other mode of payment information. You agree that all information you provide to any Alliance Partner or Muncha will be accurate, complete and current. You agree not to hold Muncha liable for any loss or damage of any sort incurred as a result of any such dealings with any Alliance Partner.
10. You agree to pay all charges incurred by users of your Registered User ID and password and also will be responsible for paying any applicable taxes relating to remit the fund through the Website.
11. The records of access, instructions, transactions and other activities maintained or caused to be maintained by Muncha and its Alliance Partners through its or a third party's computer systems or on tape or other recording or storage device or otherwise shall be admissible in evidence, shall not be challenged by you and shall be accepted as genuine, accurate, conclusive and binding for all purposes including the recording of the time thereof.

 

14. REFUND OF REMITTANCE PAYMENT

1. PRINCIPAL REFUNDS and cancellation of the money transfer can only be made if payment has not been deposited to the beneficiary’s bank account. If Receiver rejects your funds or you request a refund, we may charge You a fee to refund the principal amount back to You.
2. We will make every effort not to debit your Mode of payment after we have received your request for cancellation. However, in some cases, we may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Mode of payment may be debited even if you have cancelled your Transaction but we will refund your money usually within fourteen (14) business days, after we have received the funds from your financial institution. This shall apply only if your transaction has not been delivered to your Beneficiary.
3. Refunds will be credited to the same Mode of payment used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transaction was submitted.
4. The amount of funds that is returned to Registered User shall be the amount after deducting any service charges and other expenses incurred while refunding the funds.
5. If Muncha determines to refund remittance payment funds to you, these funds may be returned to you at the exchange rates established by Muncha on the date of return. Muncha shall not be liable to the registered user for any loss occur due to cancel or refund a remittance payment.

 

15. ERROR RESOLUTION

1.  Errors or Questions about Transactions.

Please contact us by emailing us at money@muncha.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.

Ten-Day Time Period – Muncha Money will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Muncha Money shall report the results to the consumer in writing within three business days after completing its investigation. Lalit Money Transfer shall correct the error within one business day after determining that an error occurred.

• Forty Five-Day Time Period - If Muncha Money is unable to complete its investigation within 10 business days, Muncha Money may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Muncha Money does the following:
1. Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Muncha Money need not provisionally credit the consumer's account if:
   - Muncha Money does not receive written confirmation within 10 business days of an oral notice of error; or
   - The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
2. Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
3. Corrects the error, if any, within one business day after determining that an error occurred; and
4. Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).

2.  Extension of time periods.

The time periods described above may be extended as follows:
- Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
- Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.

 

16. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS

Muncha is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the website including but not limited to any text, images, illustrations, audio clips, video clips and screens appearing on the Website. All rights on the website are reserved and you may not download and/or save a copy of the Website or any part thereof including any of the screens or part thereof and/or reproduce, store it in a retrieval system or transmit it in any form or by any means - electronic, electrostatic, magnetic tape, mechanical printing, photocopying, recording or otherwise including the right of translation in any language without the express permission of Muncha (except as otherwise provided on the website or in the User Agreement for any purpose) or use it in any manner that is likely to cause confusion or deception among persons or in any manner disparages or discredits Muncha or Alliance Partners. However, you may print a copy of the information on this Site for your personal use or records. This website is for your personal use. Use of this website, except as otherwise provided above, may result in a violation of copyright and other laws of governing jurisdictions, and may be subject to penalties. We do not grant any license or other authorization or user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on the website.

 

17. AUTHORITY TO Muncha

You irrevocably and unconditionally authorize Muncha, and its alliance partner, to access all information relating to you (including personal information and information relating to access and use of the Website and Facilities by you and the transactions entered into by you). Subject to the Privacy Statement, all information submitted on or via the Website shall be deemed to be and remain the property of Muncha and the Affiliate Partners and Service Providers; and Muncha, the Affiliate Partners and Service Providers shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information you may provide to or through the Website. Muncha, the Affiliate Partners and Service Providers shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed by it directly with you. Muncha shall be deemed to acquire from you a non-exclusive, world-wide, perceptual, irrevocable, royalty free license to use, adapt, reproduce, modify, publish, translate, create derivative works from, distribute, perform or display any ideas, concepts, know-how or techniques contained in any information provided by you to or through the Website

 

18. NO AGENCY

The Terms and Conditions and your use of or access to the website or any Services are not intended to create an agency, partnership, joint-venture or employer-employee relationship between you and the website, except where otherwise specifically agreed or appointed.

 

19. NO OBLIGATION FOR MAINTENANCE

Muncha, or its alliance partner, have no obligation to monitor the functioning of the website. However, you acknowledge and agree that Muncha has the right to monitor the functioning of the website electronically or otherwise from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly or to protect itself or its Service Providers, Alliance Partners, Visitors, Users or Customers. Muncha will not intentionally monitor or disclose any private electronic-mail message to any third party unless required by law and to its Alliance Partners for providing the Service to you. Muncha reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of the User Agreement.

 

20. TERMINATION

You acknowledge and agree that Muncha may in its sole discretion deny you access through Muncha to any materials stored on the Internet, or to access third party services, Services, merchandise or information on the Internet through the website, and Muncha shall have no responsibility to notify you or third-party providers of Facilities, services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

 

21. GOVERNING LAW & JURISDICTION

1. The Website, the User Agreement, all transactions entered into on or through the Website and the relationship between you and Muncha shall be governed by and construed in accordance with the prevailing laws of Federal Democratic Republic of Nepal and prevailing laws of the jurisdiction where the Alliance Partner is constituted which is the United States of America; and no other nation, without regard to the laws relating to conflicts of law.
2. Muncha, and its Alliance Partner, accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of Federal Democratic Republic of Nepal and of the jurisdiction where the Alliance Partner is constituted which is the United States of America. The mere fact that the website can be accessed or used or any service can be availed of in a country other than Nepal would not mean that the laws of such country would be applicable.
3. Subject to the other Terms and Conditions of the User Agreement and applicable laws, the website and the Services are offered both to residents of Nepal and to non-residents. Provided however, that the Services are not available to foreign residents including non-resident Nepalese ("NRN's") in foreign jurisdictions where the website or Services cannot be offered without prior legal or regulatory compliance. It shall be the sole responsibility of foreign residents including NRNs in foreign jurisdictions to verify whether the website and the Services can be accessed and utilized in their respective jurisdictions. 

 

22. NO WAIVER

The failure or delay of Muncha, or its Alliance Partner to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. No waiver on the part of Muncha or its Alliance Partner shall be valid unless it is in writing signed by or on behalf of Muncha, or it’s Alliance Partners.

 

23. SEVERABILITY

If any provision of the User Agreement shall be held to be invalid or unenforceable by reason of any law or any rule, order, judgment, decree, award or decision of any court, tribunal or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition, and you, Muncha, or its Alliance Partner, the court, tribunal or regulatory or self-regulatory agency or body should endeavor to give effect to the parties' intentions as reflected in the provision to the extent possible. The validity of the remaining provisions and conditions shall not be affected thereby and these Terms shall be carried out as if any such invalid or unenforceable provision or condition was not contained herein.

 

24. LIMITATION

Notwithstanding any statute or law to the contrary, but to the extent permitted by law, any claim or cause of action arising out of or related to access or use of the website or any Service or the User Agreement must be filed within three (3) months after such claim or cause of action arose failing which it shall be forever barred.

 

25. NOTICES

1. We may give notice to you by e-mail, letter, telephone or any other means as deemed fit to the address last given by you. Notices under the User Agreement may be given you in writing by delivering them by hand or by sending them by post to the address mentioned on the website. We may, but shall not be bound to, act upon notices and instructions given by you via e-mail, letter, telephone or any other means as Muncha may deem fit.
2. In addition, we may (but shall not be bound to) also publish notices of general nature, which are applicable to all Visitors, Registered Users or Customers in a newspaper circulating in Nepal and the United States of America or on its website. Such notices will have the same effect as a notice served individually to each Visitor, Registered User or Customer (including you).
3. Documents which may be sent by electronic communication between you and us may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Website. Muncha, or its Alliance Partner shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the e-mail address registered with the website. Muncha or its Alliance Partner shall also be entitled to act on the basis of any instructions received or purported to be received by Muncha, or it’s Alliance Partner from you by e-mail or other electronic means or via the internet. Muncha, or its Alliance Partner shall also be entitled (but not bound) to act upon fax instructions and communications.

 26. MISCELLANEOUS

1. The clause headings in the User Agreement are only for convenience and do not affect the meaning of any provision and shall not be taken into account in interpreting or limiting the scope of the provisions of the User Agreement.
2. Muncha may sub-contract or employ agents to carry out any functions or services relating to the Website or any of its obligations under the User Agreement.
3. Muncha, or its Alliance Partner may from time to time send by e-mail or otherwise, information relating to products and services offered by it or the Alliance Partners or any other entities, the Services, general information related to financial and other services, advertisements of various products and services etc. to you.
4. You must at your own cost: (a) provide for your own access to the World Wide Web and pay any service fees, telephone charges and online service usage associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
5. The content presented at the website may vary depending upon your browser limitations. The conditions stated in these User Agreements are in addition to the other terms and conditions stated elsewhere in the website.

BY ACCESSING AND / OR USING THIS WEBSITE OR PORTION / PAGE THEREOF AND / OR ANY FACILITIES YOU AGREE TO THE USER AGREEMENT.