Terms of Services

Updated on 24th September 2021

These terms and conditions create a contract between you and FOCUSONE Payment Solutions (“the Agreement”).

INTRODUCTION

FOCUSONE Payment Solutions is a Payment Service Provider (PSP). MOCO App is a product of FOCUSONE Payment Solutions. This Agreement governs your use of MOCO and various services rendered by MOCO.

Kindly read all the terms and conditions (T&C) carefully before registering on, accessing, or using MOCO. By continuing with the Sign Up process, it will be considered that you have read, understood, accepted, and will abide by all the T&C herewith.

DEFINITIONS

FOCUSONE Payment Solutions is the parent company for MOCO.
MOCO means Mobile Commerce. It is a digital wallet.
MOCO ID means the mobile number which is used for Signing Up.
OTP means One Time Password.
“User” refers to the person who has registered in MOCO and is using a MOCO wallet.
Wallet means the MOCO Wallet.
“App” refers to MOCO App.
“Merchants” means a registered business under the company act of Nepal that is selling products and services that are not prohibited by the Government of Nepal that accepts payment via MOCO Wallet.
“Cards” means any payment card (Visa, UPI, SCT, or other) issued by the issuing banks.
“MPIN” means Mobile Personal Identification Number
“Transaction” means the amount spend by the MOCO User while purchasing any goods or services,
“Issuing Bank” means the bank that has issued Debit, Credit, or Prepaid cards of various payment associations.
“Rewards” means the additional bonus given by MOCO on the successful transaction.

ELIGIBILITY

Any person who is above 16 years of age can register for a MOCO wallet. The registering person needs to provide a valid government-issued document such as Citizenship ID, Passport, or Driving license for KYC verification.

REGISTRATION

You may set up MOCO using the application that you can download either from the app store or google play on your mobile device.
You must complete the registration process by providing your personal information such as name, number, email, address, etc., and a valid legal document before using MOCO.
All the information that you provide during registration should be true and as per the legal document issued by the government of Nepal.
Upon successful completion of registration, your wallet will be created. You can access this wallet using your MOCO PIN or Biometric.
FOCUSONE Payment Solutions will inquire to validate the card that you are trying to load into your MOCO wallet. All of the participating issuer's cards may not be eligible. If your card issuing bank does not currently support MOCO, your card will not be eligible to be added to MOCO. FOCUSONE Payment Solutions may alert you via email when your card becomes eligible.
KYC verification should be done for performing transactions of above Rs. 5,000.
In case the information input by the user does not match with the uploaded document, the FOCUSONE Payment Solutions team is authorized to make changes to the information with reference to the uploaded document.
Your MOCO account will be inactive if you do not perform any transaction for up to six months and will be dormant if you do not perform any transaction for Six to twelve months.
Your MOCO account will be disabled if you do not perform any transaction for Eighteen months.

SECURITY

You will have to enter your MOCO PIN, or Card PIN or authenticate through means of biometrics to initiate payment for every transaction.
Your card issuing bank shall authenticate and authorize the transaction and relay the information to FOCUSONE Payment Solutions. The same information is then transferred to the merchant electronically to complete the transaction. If we cannot charge your credit/debit card for any reason (such as but not limited to expiration or insufficient funds) the transaction will fail.
However, if you collect the goods and services from our merchant you remain responsible to make settlements for any uncollected amounts. We shall attempt to contact you directly or through your bank to make the payment.
Few of the features such as but not limited to add card and change PIN are secured by OTP (One Time Password) sent to your registered mobile number. For this reason in case you lose your sim card it is your sole responsibility to get the sim card blocked. FOCUSONE Payment Solutions is not responsible for any harm caused due to the mishandling of your mobile phone.
The user agrees to keep their OTP confidential and secure. Any sharing of the OTP by the user shall be considered a breach of security and the user shall be solely responsible for any resulting security threat or loss. MOCO shall not be held liable for any damages or losses incurred due to the user's failure to keep their OTP confidential.
The user should be responsible for maintaining the confidentiality and security of their MOCO ID. FOCUSONE Payment Solutions is not responsible for any losses arising from the unauthorized use of your MOCO ID.
It is your responsibility to notify FOCUSONE Payment Solutions immediately if you suspect that your MOCO ID has been compromised.

USAGE RULE

Your use of the MOCO App must follow the rules outlined in this section (“Usage Rules”). Any other use of MOCO is a material breach of this Agreement. FOCUSONE Payment Solutions may monitor your use of the App to ensure that you are following these Usage Rules.

Your MOCO account is not transferable and shall be used exclusively by only you.
You may add only your card. Failed attempts to load cards may be monitored and your MOCO ID may be disabled for the same.
You can add as many personal debit/credit cards that you own in your MOCO ID, provided that the mobile number registered in your bank account number matches your MOCO ID.
To use MOCO App, you need compatible hardware, software (latest version recommended and sometimes required), and Internet access.
It is your responsibility not to disclose MOCO PIN, Card PIN, Passwords, and any other confidential information.
You undertake full responsibility for any transactions made using MOCO whether or not made with your knowledge or authority.
FOCUSONE Payment Solutions shall not be accountable in case any mistake occurred in a transaction performed by you.
You irrevocably authorize your card issuing bank to debit your respective bank account(s) with the amount incurred in any transaction through the use of MOCO.
You may not tamper with or circumvent any security technology included within MOCO.
Modifying, copying, distributing, transmitting, publishing any FOCUSONE Payment Solutions intellectual property such as logos, trademarks in an unauthorized manner is strictly prohibited and you might be subject to legal consequences.
Once disabled; you shall not be able to avail of any of the services rendered by MOCO.
Users shall make payments to the merchants through MOCO only for those products and services that the merchants are registered for.

PRIVACY

Your use of the MOCO App is subject to FOCUSONE Payment Solutions’ Privacy Policy. The T&C works in hand with the “Privacy Policy” which can be found on our website www.moco.com.np/privacy

PAYMENTS, AND REFUNDS

You can acquire goods and services by using MOCO for free or for a charge (surcharge), either of which is referred to as a Transaction. Each Transaction is an electronic contract between you, your card issuing bank, and the entity providing the goods and services referred to as Merchant, either on MOCO App or in-store. You acknowledge and agree that your transactions through MOCO are transactions between you and the merchant and not with FOCUSONE Payment Solutions or any of their affiliates.
All transactions are final. Surcharge if applicable on transactions may change at any time and shall be displayed visibly. If technical problems prevent the purchase of goods and services, your exclusive and sole remedy is using a different mode of payment.
FOCUSONE Payment Solutions may not be bound to carry out the operation upon your request through MOCO if it is found to be suspicious.
Sending, Receiving, or transacting on MOCO for the exchange of goods and services that are prohibited, restricted, or otherwise deemed illegal according to prevailing Laws of Nepal such as gambling, betting, pornographic content, buying and selling drugs is strictly prohibited.
Users shall make payments to the merchants through MOCO only for those products and services that the merchants are registered for.
In case of a successful transaction where goods or service is not delivered FOCUSONE Payment Solutions may request the merchant to process a refund. FOCUSONE Payment Solutions may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior.

TICKET BOOKING

MOCO is a platform where you can purchase flight tickets. The travel service is not operated by MOCO but by a partner travel operator. MOCO is responsible for facilitating payments for issuing a valid ticket and providing support in case of refund and cancellation.
MOCO won't be responsible for the cases of booking cancellations done from the merchant's side. As Cancellation policy is not predefined by MOCO, it is not responsible for cancellation charges. In case your flight is late or canceled due to unavoidable reasons, the rescheduling or refund is to be settled with the travel operator directly. The contact number of the travel operator is mentioned in the issued ticket that can be viewed in the “My Ticket” section of the MOCO App.
While booking tickets through MOCO, it is the responsibility of the users to fill in the valid information details including nationality. Based on valid information, users will be informed in case of cancellation or Flight delayed. In case of wrong information provided by the user while booking, the user may not receive SMS or email. However, the booking is still valid. Users can contact the support team of MOCO in case of delayed notification.
In case of booking tickets for a third person or multiple persons, you should provide their correct name and other details. Any changes in the flight timing or any information concerning the ticket will be passed on to you by the airlines or travel operator via email or SMS.
Tickets will only be canceled or rescheduled as per the policy of the airlines. MOCO has no role in defining and determining the cancellation or rescheduling charges. Conditions of the contract will be based on the ticket of the airlines.
Cancellations will be done according to the actual fare of the tickets. However, in cases when the user uses any coupon code for ticket booking, the cancellations will be calculated according to the discounted value.
All the passengers must have a copy of tickets and also a valid identification document like citizenship or driving license or passport. In case a user is unable to present a valid identification document He/She will not be allowed to board the aircraft.

REWARD, OFFERS, AND LOYALTY PROGRAMS

FOCUSONE Payment Solutions does not guarantee the security of a third-party merchant's offers, rewards, loyalty program, or gift card program, and does not guarantee that the merchant's systems will be error-free, or that merchant systems will honor all offers, rewards, and loyalty points or gift cards.
FOCUSONE Payment Solutions shall offer reward points for the use of MOCO. These reward points can be used to redeem gifts from MOCO’s Reward List.

SUBMISSION GUIDELINES

Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please report to us. You hereby grant FOCUSONE Payment Solutions a worldwide, royalty‐free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing and FOCUSONE Payment Solutions' internal purposes. FOCUSONE Payment Solutions may monitor and decide to remove or edit any submitted material.

You may not use the Services to:

post any materials that you do not have permission, right, or license to use;
post objectionable, offensive, unlawful, deceptive, or harmful content;
post personal, private, or confidential information belonging to others;
request personal information from a minor;
impersonate or misrepresent your affiliation with another person or entity;
post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
plan or engage in any illegal, fraudulent, or manipulative activity.

CONSENT TO USE OF DATA

FOCUSONE Payment Solutions may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. FOCUSONE Payment Solutions may use this information, to improve its products or to provide better services or technologies to you.

RECOMMENDATION FEATURE

MOCO may recommend merchants to you based on your downloads, purchases, location, and other activities. Some recommendation features may require your permission before they are turned on. If you turn on these features, it will be considered that you provide FOCUSONE Payment Solutions permission to collect and store certain data, including but not limited to data about your activity, location, and usage. Please carefully read the information presented when you turn on these features.

APP MAINTENANCE AND SUPPORT

FOCUSONE Payment Solutions shall be responsible for providing maintenance and support for MOCO App, or as required under applicable law.

AMENDMENT

FOCUSONE Payment Solutions reserves the right to amend this Agreement anytime as per the requirement and to add new or additional terms and conditions on your use of the services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. (after the revised agreement is posted on our website, social media pages, or any other reliable source) Your continued use of MOCO will be deemed acceptance thereof.

TERMINATION AND SUSPENSION OF SERVICES

If you fail, or FOCUSONE Payment Solutions suspects that you have failed, to comply with any of the provisions of this Agreement, FOCUSONE Payment Solutions may without notice to you:

terminate this Agreement and/or your MOCO ID, and you will remain liable for all amounts due under your MOCO ID up to and including the date of termination; and/or
preclude your access to the App.

FOCUSONE Payment Solutions can suspend your MOCO account if you have not performed any transaction for Eighteen months from your MOCO account.

FOCUSONE Payment Solutions further reserves the right to modify, suspend, or discontinue the MOCO App (or any part or content thereof) at any time with or without notice to you, and FOCUSONE Payment Solutions will not be liable to you or to any third party should it exercise such rights.

DISCLAIMER OF WARRANTS; LIABILITY LIMITATION

FOCUSONE Payment Solutions does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error‐free, and you agree that from time to time FOCUSONE Payment Solutions may remove the services for indefinite periods, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you.

You expressly agree that your use of, or inability to use, the services are at your sole risk. The goods and services purchased by you through the MOCO application are (except as expressly stated by FOCUSONE Payment Solutions) provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.

In no case shall FOCUSONE Payment Solutions, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of MOCO or for any other claim related in any way to your use of MOCO, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the app.

GOVERNING LAW AND DISPUTES

This Agreement and the relationship between you and FOCUSONE Payment Solutions, and all transactions on the services shall be governed by the laws of Nepal. All disputes are subject to the jurisdiction of courts in Kathmandu, Nepal.

OTHER PROVISIONS

This Agreement constitutes the entire agreement between you and FOCUSONE Payment Solutions and governs your use of the service “MOCO”, superseding any prior agreements concerning the same subject matter between you and FOCUSONE Payment Solutions. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third‐party content, third‐party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. FOCUSONE Payment Solutions’ failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. FOCUSONE Payment Solutions will not be responsible for failures to fulfill any obligations due to causes beyond its control. (such as in the case of natural calamities or any other unforeseen future events). You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the services. Your use of the Services may also be subject to other laws. FOCUSONE Payment Solutions may notify you for the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services via push notification. Notices shall become effective immediately. FOCUSONE Payment Solutions may also contact you by email or push notification to send you additional information about the Services.

You hereby grant FOCUSONE Payment Solutions the right to take steps FOCUSONE Payment Solutions believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that FOCUSONE Payment Solutions has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as FOCUSONE Payment Solutions believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to FOCUSONE Payment Solutions' right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third‐party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).