NayaPay is licensed by the SBP as an Electronic Money Institution under the EMI Regulations.
These Terms of Use govern the opening and closure of your NayaPay Account and use of the same and other Services available on the NayaPay Platform. Together with our Policies, and any other terms and conditions referred to in these Terms of Use, they constitute the agreement between you and us. For the use of certain Services, you may have to accept additional terms and conditions as notified to you when you are procuring or using such Services (“Additional T&Cs”). You are advised to print or download and keep a copy of these Terms of Use for future reference. You can ensure that you are reviewing the current Terms of Use on our Website or access the same on the NayaPay Platform.
3.1. In order to use our Services, you must first open a NayaPay Account by registering on the NayaPay Platform. As part of the registration process, we will ask you to create a NayaPay ID (for e.g. ab@nayapay). This ID will be used to identify you as a NayaPay user. At all times NayaPay shall hold full rights of the NayaPay ID. As and when required by NayaPay and without giving prior notice, NayaPay shall have the authority to revoke the NayaPay ID and ask you to change it. NayaPay will provide an option to you to choose an alternate NayaPay ID as part of the change procedure. As part of the registration process, you will also need to accept these Terms of Use and you must be at least eighteen (18) years of age and have legal capacity to accept the same. Please note that Additional T&Cs may apply to particular Services.
3.2. Your NayaPay Account holds E-Money which enables you to use the Payment Services.
3.3. Your NayaPay Account is denominated in PKR. This will remain the currency of your NayaPay Account for the duration of your agreement with us.
3.4. The E-Money held in your NayaPay Account does not expire but it will not earn any interest, mark-up, or any other form of return.
3.5. The NayaPay Account is not a bank account or a deposit. By accepting these Terms of Use you agree and acknowledge that the Banking Companies Ordinance, 1962 does not apply to your NayaPay Account. The E-Money held in your NayaPay Account is at all times backed by funds, which are held separate from our funds, in a trust account which is administered by a Trustee in accordance with the EMI Regulations.
3.6. The E-Money in a NayaPay Account belongs to the person or legal entity which is registered as the NayaPay Account holder. No person other than the NayaPay Account holder has any rights in relation to the E-Money held in a NayaPay Account, except as required under Applicable Laws. You may not assign or transfer your NayaPay Account to a third party or otherwise grant any third party a legal or equitable interest over it.
3.7. Any fee or other amounts payable by you to us shall be deducted/offset from the balance in your NayaPay Account. If the NayaPay Account balance is insufficient, we reserve the right to invoice you for any shortfall and/or restrict the provision of any or all of the Services.
3.8. By opening a NayaPay Account you represent and warrant to us that your opening of a NayaPay Account does not violate any Applicable Laws as are applicable to you.
3.9. All information you provide during the signup process or any time, thereafter, including information required pursuant to Applicable Laws, must be accurate and truthful, and you represent and warrant to us that all information provided as part of the signup process is true and accurate.
4.1. You must ensure that the information recorded on your NayaPay Account is always accurate and up to date. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
4.2. You may only add a Load Method to your NayaPay Account if you are the named holder or user of that Load Method. We take any violation of this requirement very seriously and will treat any attempt to add a Load Method of which you are not the named holder or user as a fraudulent act.
4.3. Any use of the Payment Services is displayed in your Transaction history on the NayaPay Platform. Each Transaction is given a unique Transaction ID and shown in the Transaction history. We will not alter or amend information displayed in your Transaction history. You should quote the relevant Transaction ID when communicating with us about a particular Transaction. You should check your NayaPay Account balance and Transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
4.4. You must notify us without undue delay after becoming aware of any unauthorised or incorrect Transaction and in any event no later than three (3) months after the date of such Transaction.
5.1. The NayaPay Platform uses built-in features to help protect the security of your NayaPay Account. As part of the registration process, you will be required to set your NayaPay Password and PIN.
5.2. You must take all reasonable steps to keep your: (i) NayaPay Password and PIN secure at all times and never disclose them to anyone; and (ii) Debit Card safe and within your possession. Our personnel will never ask you to provide your NayaPay Password and/or PIN to us or to a third party. Any message you receive or website you visit that asks for your NayaPay Password and/or PIN, other than the NayaPay Platform should be reported to us. It is advisable to change your NayaPay Password and PIN regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your NayaPay Account. We also advise you not to choose a NayaPay Password or PIN that is easily guessed from information someone might know or gather about you, or a NayaPay Password or PIN that has a meaning. You must never allow anyone to: (i) access your NayaPay Account or watch you accessing your NayaPay Account; and (ii) take possession of your Debit Card. You must comply with the security procedures we tell you about from time to time.
5.3. If you have any indication or suspicion of your NayaPay Account, Debit Card, login details, NayaPay Password, PIN, or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your NayaPay Password and PIN. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your NayaPay Account, Debit Card, login details, NayaPay Password, PIN or other security features. Any undue delay in notifying us will affect the security of your NayaPay Account.
5.4. If we think your NayaPay Account is at risk of fraud or a security threat, we will use our best efforts to contact you through the fastest and most secure means using the details you have provided to tell you what you need to do to help deal with that risk.
5.5. You must take all reasonable care to ensure that your e-mail account(s), mobile number, and Devices are secure and only accessed by you, as the same may be used to compromise the security of your NayaPay Account. In case any of the aforementioned means of communication are compromised, you should, without undue delay after becoming aware of this, contact Customer Service.
5.6. Certain Services you use on the NayaPay Platform may have additional security requirements and you must familiarise yourself with those as notified to you.
6.1. We may close your NayaPay Account in accordance with section 17. You may close your NayaPay Account at any time by contacting Customer Service. If your NayaPay Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your NayaPay Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your NayaPay Account, but you may withdraw any remaining funds by contacting Customer Service and requesting that the funds are sent to you in accordance with the relevant procedure.
6.2. In the event that you decide to discontinue use of a Debit Card, such Debit Card shall be returned to NayaPay. Notwithstanding this, the Debit Card issued to you shall remain at all times, the sole property of NayaPay and shall be surrendered on demand to NayaPay as per our request. NayaPay, at its sole discretion, reserves the right, at any time, to cancel or withdraw the Debit Card or refuse to reissue, renew or replace the same under intimation to you.
6.3. In the event of your death, Transactions shall continue to be debited to your NayaPay Account till such time that NayaPay is informed in writing about your death. Upon receiving such notice, NayaPay will block any fresh Transactions carried out from the date of receipt of the notice. All Transactions authorised through your Password, PIN, and other security credentials, before receipt of notice of your death, shall be debited to your NayaPay Account accordingly. Subject to exercise of any remedy available to NayaPay, in its sole discretion, in the event of your death, custody of the funds present in your E-Money Account shall only be handed to your successors-in-interest upon receipt of a succession certificate issued in accordance with Applicable Laws.
6.4. You may access your Transaction history for a period of six (6) months after the closure of your NayaPay Account by contacting Customer Service and requesting the information. Your obligations with regards to keeping your NayaPay Account safe as set forth in section 5 shall continue to apply.
6.5. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your NayaPay Account.
7.1. You can load E-Money to your NayaPay Account through the Load Methods specified on the NayaPay Platform. Load Methods are services provided by third parties (for example, the cash-counter at a Partner Institution where you deposit PKR to load E-Money or a, Linked Account).
7.2. We do not guarantee the availability of any particular Load Method and may make changes to or discontinue the acceptance of any particular Load Method at our sole discretion and/or in compliance with Applicable Laws.
7.3. E-Money will be credited to your NayaPay Account after the corresponding PKR have been received by us or on behalf of us by the relevant Partner Institution.
8.1. It is strictly forbidden to use the Payment Services in connection with the sale or supply of: drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or Ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, or un-coded/miscoded gaming. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or by notifying them to you in accordance with these Terms of Use.
8.2. It is strictly forbidden to use your NayaPay Account for any illegal purposes including but not limited to fraud and money laundering and may require you to submit evidence of the source of funds being used to load your NayaPay Account. We will report any suspicious activity to the relevant law enforcement agencies as required by Applicable Law.
8.3. It is your, and not our responsibility, to ensure that you only use the Payment Services in compliance with Applicable Laws. The mere fact that a person or entity accepts payments through the Payment Services is not an indication of the legality of the supply or provision of their goods and services or of the underlying transaction. If you are in doubt as to the legality of a supply or purchase or the underlying transaction, you should not continue with your payment.
9.1. You can request a withdrawal of all, or part, of the E-Money held in your NayaPay Account at any time through the Withdrawal Methods specified in the NayaPay Platform.
9.2. We do not guarantee the availability of any particular Withdrawal Method and may, at our sole discretion, make changes to or discontinue a particular Withdrawal Method at any time without providing you with any notice.
9.3. In the event you use your Debit Card or biometrics at a Partner Institution’s ATM which dispenses cash but your NayaPay Account is not debited for the same, NayaPay is irrevocably authorised to debit the relevant NayaPay Account for such withdrawal along with applicable charges, regardless of whether the account holder is informed or has authorised the same. The applicable charges will be in accordance with the Partner Institution’s Schedule of Charges in force at the time. In case the account holder's NayaPay Account does not have sufficient funds for any reason, NayaPay will have the right to set-off any credit balance/ proceeds of instruments or other items of the account holder available with NayaPay or claim the same from the account holder.
Your NayaPay Account is subject to load, payment, and withdrawal limits. These limits are adjusted dynamically and depend on your verification status, requirements under Applicable Laws, and other variety of factors determined at our sole discretion. You can view your limits at any time in your profile on the NayaPay Platform. Before loading any funds into your NayaPay Account or availing any Payment Services, you must ensure that you do not exceed the aforementioned limits.
11.1. We rely on Partner Institutions, who may be regulated entities, to provide the Payment Services.
11.2. You agree and acknowledge that a contractual relationship exists between you and the Partner Institution with whom you maintain a Linked Account or whose Load Method / Withdrawal Method you utilize (“Relationship”). It is your responsibility to familiarize yourself with the terms and conditions governing such Relationship and any feature, condition, limit, charges arising from the same which can impact your use of the Payment Services.
11.3. You may add a Linked Account to your NayaPay Platform in accordance with our Account Linking process.
12.1. The NayaPay Platform enables you to use our Chat functionality to communicate with other users/account holders.
12.2. You must access and use Chat only for purposes permitted under Applicable Laws, as per these Terms of Use and our Chat T&Cs You should print and keep a copy of the Chat T&Cs together with these Terms of Use. You will not use Chat in ways that: (a) are illegal, obscene, blasphemous, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (b) involve publishing falsehoods, misrepresentations, spam, or misleading statements; (c) impersonate someone; (d) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and the like; or (e) involve any non-personal use of Chat unless otherwise authorized by us.
13.1. Transaction related fees can be viewed at any time in the "Fees" section of the NayaPay Platform. You should print or download and keep a copy of the "Fees" section together with a copy of these Terms of Use. For clarity, the "Fees" section forms part of these Terms of Use. Fees are subject to change in terms provided under these Terms of Use.
13.2. Fees payable by you will be deducted from your NayaPay Account balance and you hereby authorise us to do the same. Transaction fees will be charged when the Transaction is executed. If your NayaPay Account balance is insufficient to cover the fees, we may refuse to execute the requested Service.
13.3. You are responsible for ensuring if any charges are imposed on your use of the Payment Services under your Relationship with a Partner Institution.
14.1. You agree to allow us to access your Device to, inter alia, check the phone numbers of other users/account holders of NayaPay in your address-book, photos, messages, location, and other information in accordance with our Privacy Policy. The processing of your data is governed by our Privacy Policy. By accepting these Terms of Use, you also agree to the terms of our Privacy Policy. You should print and keep a copy of the Privacy Policy together with these Terms of Use.
14.2. For the purposes of operating the NayaPay Platform and/or the provision of the Services, and to the extent permitted under Applicable Laws, NayaPay may procure, engage and use the services of its affiliates and third-party agents and service providers. By entering into these Terms of Use, you hereby confirm that you fully understand, acknowledge, and agree, to the fullest extent permissible under Applicable Laws, to us, our affiliates, our respective agents, sub-contractors and third party service providers, accessing, processing, and retaining any information you provide to us, for the effective operation of the NayaPay Platform, provision of the Services, and our obligations under Applicable Laws. This does not affect our respective rights and obligations under Applicable Laws regarding protection of your data. You may withdraw this consent by closing your NayaPay Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where required under Applicable Laws.
15.1. We own all the intellectual property in, and relating to, the NayaPay Platform and the Services (for example, the content in our app and on our website, our logo and designs). You must not use our intellectual property as your own, except to enjoy the NayaPay Platform and the Services in accordance with these Terms of Use. You also must not reverse-engineer any part of the NayaPay Platform and the Services (that is, reproduce them after a detailed examination of their construction or composition).
15.2. For more information, please refer to our Policies dealing with intellectual property.
16.1. In no case shall we be liable to you for any losses, costs, and damages attributable to or arising out of:
16.2. Without prejudice to the foregoing, you are asked to check the Transactions history of your NayaPay Account regularly and frequently, and to file a dispute in-app and/or contact Customer Services immediately in case you have any questions or concerns.
16.3. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
16.4. You acknowledge that you will not be able to countermand any instruction or Transaction given or carried out through Debit Card or biometrics at the ATM of a Partner Institution once the same has been processed.
16.5. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with Applicable Laws.
16.6. Our obligation under these Terms of Use is limited to providing you with the NayaPay Account and the NayaPay Platform and we do not make any statement, representation, warranty, or endorsement in relation to the quality, safety or legality of any goods or services purchased or availed through the NayaPay Platform.
16.7. NayaPay does not promote or support the use of its Services for any particular purpose, campaign, or cause and any such purpose, campaign, or cause available on the NayaPay Platform does not reflect our opinions or beliefs.
16.8. You agree to hold, defend, reimburse or compensate us and hold us and other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents': (i) breach of these Terms of Use; (ii) breach of Applicable Laws; (iii) violation of any of the Policies; or (iv) infringement of our intellectual property rights. This provision shall survive termination of the relationship between you and us.
17.1. We may terminate your NayaPay Account and the Services associated with the NayaPay Platform by giving you two (2) months’ prior notice. You may terminate your NayaPay Account and the Services associated with the NayaPay Platform at any time. Please note that section 6 will apply to closure of your NayaPay Account.
17.2. We may: (i) terminate; (ii) temporarily suspend; and/or (iii) temporarily limit the functionality of, your NayaPay Account and the Services associated with the NayaPay Platform or part thereof, without notice, if:
18.1. The Terms of Use, Additional T&Cs and Policies are subject to change. Changes will be implemented with notification from us under the procedure set forth in this section.
18.2. We shall give notice to you of any proposed change in accordance with sections 19.1 and 19.2
18.3. The proposed change shall come into effect immediately upon delivery of the abovementioned notice.
19.1. We usually message you through in-app notifications (which will require you to ensure that your Device to be connected to the internet) and SMS. You may opt for us to message you via email. You are required to check for incoming messages regularly and frequently, in any case at least once compulsorily in a twenty-eight (28) days period. Such messages may contain links to further communication on our NayaPay Platform. Any communication sent by in-app notification will be deemed received by you on the same day if it is delivered to your in-app notification area on the NayaPay Platform. Any communication sent by SMS or email is deemed to be received as recorded on our servers or the servers of any service provider we engage for such communication services.
19.2. Where we are required to provide information to you on a durable medium, we will either send you an attachment with our message or send you a notification pointing you to information on the NayaPay Platform in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. We recommend you keep copies of all communications we send or make available to you.
19.3. You can access a copy of the current Terms of Use, Additional T&Cs, Policies, or any other contractual document relevant to you within the NayaPay Platform and also by contacting Customer Service.
19.4. We will never send you any messages with executable files attached or with links to any executable files. If you receive any message with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.
19.5. As a default, you will receive in-app notifications or e-mails (if applicable) that will inform you about new Services and its features, events, promotions, special deals etc. By accepting these Terms of Use, you agree to receive such communication on a regular basis. If you do not wish to be notified of any of the aforementioned communication, you can disable the notification by changing the appropriate setting on the NayaPay Platform.
19.6. Except as otherwise provided elsewhere, any communication required from you under these Terms of Use may be routed to us through Customer Service using the following means:
20.1. Any complaints about us or the Services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you wish to make a complaint to or file a dispute with us. This helps us to distinguish complaints and disputes from mere queries. We send you a complaint or dispute filing acknowledgement within 48 hours of receiving your complaint or dispute in accordance with our Complaints and Disputes Handling Mechanism. You may access a copy of our Complaints and Disputes Handling Mechanism at any time from the NayaPay Platform or by contacting Customer Service.
21.1. Your NayaPay Account is personal to you and you may not assign any rights under the Terms of Use to any third party.
21.2. Your NayaPay Account is operated in Pakistan and these Terms of Use shall be governed by and interpreted in accordance with the laws of Islamic Republic of Pakistan. Any dispute under these Terms of Use or otherwise in connection with your NayaPay Account shall be brought exclusively in the courts of Karachi.
21.3. If any part of these Terms of Use is found to be invalid or unenforceable under Applicable Laws then such part shall be severed from the remainder of the Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by Applicable Laws.
Various terms in these Terms of Use have a defined meaning as follows: