This document sets out the terms and conditions that govern the use of Bittiya Sallah. By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”). The terms “we,” “us,” or “our” or “company” mean Bright Works Technologies Pvt Ltd Company, whose head office is located at House No. 301, Ward No. 1 Lalupate Marg, Hattisar, its affiliated financial institutions and other associated third party companies. The Terms shall bind each of the persons named in the accounts (hereinafter also referred to as the “Customer”) individually or any one or more or all of them collectively and all agreements, obligations and liabilities of the customers with the Bittya Sallah & bank shall be joint and several.

In case you do not agree to accept and abide by the Terms and Conditions stated herein, please do not access or use this Electronic Channels or any pages thereof and please do not avail of any of the Facilities, products or services offered on or through the Electronic Channels.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.

DEFINITIONS AND INTERPRETATIONS

In these Terms and Conditions (including the Introduction above), unless the context otherwise requires, the following words and phrases shall have the meanings assigned to them here under:

“Bittiya Sallah” means Financial Account Opening Service Provider offering financial account opening services between the user and BFI’s through electronic medium and collaboration. Also referred to as “platform”.

“BFI’s” means the registered Banking & Financial Institution whose product & services are being offered. BFI’s are listed as our partner for their service offering to customers. 

“Customer“, means a person or organization who applies to, or registers to use, or use the service to open a financial account using Bittya Sallah Channel. Hereafter referred to as “you” or “your” or “user” or “customer”. 

“Registration” means registration of  users’ mobile number or email ID and other personal information as per registration procedure of Bittiya Sallah.

“Services or Product” means the listed financial goods or services which are being offered to customers in our channel.

“KYC” means Know Your Customer form where we gather the personal information of the applicant/customer for applying any services that we offer.  

ELIGIBILITY

You declare and confirm that you are a resident of Nepal, above 18 (Eighteen) years of age, and have the capacity to contract as specified by the laws of Nepal and BFI’s policy, while availing the services offered by the Company.

USER REGISTRATION & SECURITY

REGISTRATION

We collect and process your personal information, such as your name, e-mail address, mobile telephone number and a few other legal documents when you sign up and later. You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times. Only the user whose name is registered as the user is allowed to access the account and process the services.

You agree to accept responsibility for all activities that occur through your account or password. You further agree that Company shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to Company.

SECURITY

• You agree and understand that you are solely responsible for maintaining the confidentiality of your password and login information.
• You are not allowed to provide any false personal information.
• You are not permitted to use our service for any purpose which is unlawful as per the constitution of Nepal.
• You will keep your contact information accurate and up-to-date.
• You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
• Company reserves the right to withdraw, discontinue, terminate, block and suspend the user account if any violation of terms occurs.

CUSTOMER DUE DILIGENCE REQUIREMENTS

You agree and acknowledge that for undertaking any financial transaction through the website, Our Company may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of saving account/loan/fixed deposit/credit card and other financial product requirements with the banks/financial institutions. Our Company may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that Our Company can undertake enhanced due diligence measures (including any documentation), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable laws and regulation.

You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others.

INTELLECTUAL PROPERTY RIGHTS

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

INFORMATION SHARING & DISCLOSURE

Bittiya Sallah will not sell or rent or otherwise disclose your information for commercial purposes to anyone in a way that is contrary to the commitments made and/or other than as set forth in this Privacy Policy. Notwithstanding the foregoing, we may share your information with our BFI’s partner. We may also share your information, withou+-t obtaining your prior written consent, with government agencies mandated under the law to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offenses, or where disclosure is necessary for compliance of a legal obligation.

Some features of this platform or our Services will require you to furnish your personally identifiable information as provided by you under your account section on the platform.

You also agree and consent to us collecting, storing, processing, transferring and sharing information (including sensitive personal information) related to you with third parties or service providers for the purposes as set out in this Privacy Policy.

LIMITATION OF LIABILITY

You expressly understand and agree that the Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from 

1. any failure or delay (including without limitation the use of or inability to use any component of the Website)
2. any use of the Website or content, or the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. 
3. any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.

Notwithstanding the above, if the Company is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Company shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Company in connection with such transaction(s)/ Services on this Website, if applicable.

The Company has no control over the third party websites which would be provided to you through its Website. You acknowledge and agree that under no circumstance shall the Company be liable for your using the services offered or provided by any third party service provider.

INDEMNITY 

You agree to indemnify and hold Company (and its affiliates, officers, directors, agents and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms and Conditions, your violation of any law or the rights of a third party, or your use of the Website.

You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Company, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Release”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Release with respect to the Services. You agree to defend, indemnify, and hold harmless the Release from and against any and all Losses resulting from claims made against the Company by third parties arising from and in connection with this Authorization.

 DISCLAIMER

Bittiya Sallah is an intermediary and merely facilitates as a financial service provider between the BFI’s and customers. We do not, at any point of time during any financial account opening application between the customer and the BFI’s, take the ownership of any of the products/services provided by BFI’s. Thus, we are not a warrantor/guarantor of any products/services being offered on our platform by various BFI’s. We just process the financial account opening application services to concerned BFI’s and all applications shall be reviewed and verified by the BFI’s policy. Any change in the BFI’s policy regarding their services will be reflected in our terms and conditions, we totally depend upon the BFI’s terms & conditions for account opening/credit card application/loan application/fixed deposit application. Customers should contact such BFI’s for their terms and conditions, privacy policy, complaints and clarification regarding various features and offers or the products and services offered by them. We strictly prohibit anyone to make any warranty on our behalf hence, you should not rely on any such statement. 

The Company does not charge any registration/membership or browsing fee. However, the Company reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees charged by the Company shall be in Nepalese Rupees.

The Company may enter into agreements with third party aggregators and financial institutions authorized by the Nepal Rastra Bank of Nepal for service offering, payment initiation, business expansion, refund & remittance to facilitate service between you, us and our partners, as the case may be. Registered partners are authorized to sell goods and services that are stated in agreements signed between us and BFI’s.

Use of the payment facilities provided by the Bittya Sallah shall not render liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products or services listed on the platform.

Bittya Sallah makes available general Third Party Content and is for general informational purposes only.You hereby acknowledge that the third Party content provided to you is obtained from sources believed to be reliable on. We do not provide any guarantee with respect to any third party content and shall not be held liable for any loss suffered by you based on its reliance or use of such third party content.

You hereby agree to provide accurate information, such as credit/debit information, bank account, financial details for purchasing any Service or product on or through the platform. The platform disclaims any liability arising out of declining of payment by such bank or financial institution.

WAIVER

Any party may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.

CHANGE OF TERMS & CONDITION

Company reserves the absolute discretion to amend or supplement website related policies and agreements, this Terms and Conditions and the Privacy Policy at any time and will endeavor to give prior notice of 15 (fifteen) days for such changes wherever feasible. By using any new services as may be introduced by us, the Customer shall be deemed to have accepted the changed Terms and Conditions.