Updated on 7th June, 2020
These terms and conditions create a contract between you and FOCUSONE Payment Solutions (“the Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”
1. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of FOCUSONE Payment Solution’s services (“MOCO”), through which you can load debit/credit cards, make payments to Merchants registered with us and make card to card transfers. To use our MOCO Application, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). MOCO Application’s performance may be affected by these factors.
MOCO may also enable you to store and access offers, loyalty programs, rewards, gift cards, tickets or passes for purposes like travel and entertainment.
2. USING OUR SERVICES
MOCO ID: Using our Application requires a MOCO ID. You must complete the registration process to create a MOCO ID and use our Application. Your MOCO ID is valuable, and you are responsible for maintaining its confidentiality and security. FOCUSONE Payment Solutions is not responsible for any losses arising from the unauthorized use of your MOCO ID. Please contact FOCUSONE Payments Solution immediately if you suspect that your MOCO ID has been compromised.
Set Up:You may set up MOCO using the application that you can download either from the app store or play store on your mobile device. After you have provided the requested information and attempted to add a Payment Instrument to MOCO, FOCUSONE Payment Solutions will check both whether your Payment Instrument's issuer currently supports the Service and whether the card itself is eligible to be used with MOCO. All of the participating issuer's cards may not be eligible. If your card's issuer does not currently support MOCO or your card is not eligible to be added to MOCO, FOCUSONE Payment Solutions may alert you via email when your card becomes eligible.
Blacklisting: If Your MOCO ID has been used several times for illicit purposes or to load a card with incorrect details, MOCO reserves the right to blacklist your MOCO ID. Once blacklisted you shall not be able to avail any of the services rendered by MOCO.
Payments, and refunds
You can acquire goods and services by using our MOCO Application for free or for a charge, 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 either on MOCO Application 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.
In case of a successful transaction where goods or service is not delivered FOCUSONE Payment Solutions, may request the merchant to process a refund. From time to time FOCUSONE Payment Solutions may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior.
You will have to enter your MOCO pin for every Transaction. Your card issuing bank shall authenticate and authorize the transaction and relay the information to FOCUSONE Payment Solution. 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 expiration or insufficient funds) the transaction will fail, however if you collect the goods and service from our merchant you remain responsible for any uncollected amounts, and we will 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 a MOCO user loses his/her sim card it is his/her sole responsibility to get the sim card blocked.
4. USAGE RULES
Your use of the Application must follow the rules set forth in this section (“Usage Rules”). Any other use of the Application is a material breach of this Agreement. FOCUSONE Payment Solutions may monitor your use of the Application to ensure that you are following these Usage Rules.
- Your MOCO account is not transferable and shall be used exclusively by you only.
- You may load ONLY your personal card. Failed attempts to load cards may be monitored and your MOCO ID may be blacklisted for the same.
- You can load as many personal debit/credit cards under each MOCO ID. - You can use MOCO Application on any compatible device you own or control.
- It is your responsibility not to disclose MOCO Pin, Passwords, and confidential information.
- MOCO PIN and the PIN of your SCT card(s) are entirely at your risk and responsibility. You undertake full responsibility for any transactions made using MOCO whether or not made with your knowledge or authority.
- Any mistake in a transaction has to be reported to FOCUSONE Payment Solutions by you immediately.
- 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 with the Application.
- You may download our Application from the app store or play store, and should not modify or use modified versions of such software.
5. REWARD, OFFERS AND LOYALTY PROGRAMS, LIMITATION OF LIABILITY 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 Solution shall offer reward points for the use of MOCO. These reward points can be used to redeem gifts from MOCO’s Gift Store.
The Application may allow you to purchase access to goods or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your credit/debit card (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge your credit/debit card as you may update your credit/debit card or load funds into your bank account. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.
7. YOUR SUBMISSIONS TO OUR SERVICES
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.
8. CONSENT TO USE OF DATA
You agree that 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 Application. FOCUSONE Payment Solution may use this information, to improve its products or to provide better services or technologies to you.
9. RECOMMENDATION FEATURES
The Application will 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, you will be asked to give 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.
10. APP MAINTENANCE AND SUPPORT
FOCUSONE Payment Solutions is responsible for providing maintenance and support for MOCO Application, or as required under applicable law.
11. CHANGES IN THE AGREEMENT
FOCUSONE Payment Solutions reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Application will be deemed acceptance thereof.
12. 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 Payments 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 Application.
FOCUSONE Payment Solutions further reserves the right to modify, suspend, or discontinue the MOCO Application (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.
13. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
FOCUSONE Payments 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 Payments Solutions may remove the services for indefinite periods of time, 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 is 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 noninfringement. 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 Payments 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 the Application or for any other claim related in any way to your use of the Application, 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 application.
14. 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.
15. OTHER PROVISIONS
This Agreement constitutes the entire agreement between you and FOCUSONE Payments Solutions and governs your use of the Service “MOCO”, superseding any prior agreements with respect to the same subject matter between you and FOCUSONE Payments 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 Payments Solution's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. FOCUSONE Payments Solutions will not be responsible for failures to fulfill any obligations due to causes beyond its control. 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 Payments Solutions may notify you with respect to 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 Payments Solutions may also contact you by email or push notification to send you additional information about the Services.
You hereby grant FOCUSONE Payments Solutions the right to take steps FOCUSONE Payments Solutions believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that FOCUSONE Payments 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 Payments Solution's 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).