Menu

genie Flexipay Loan Agreement

TERM LOAN AGREEMENT

This Agreement is entered into between DIALOG FINANCE PLC, a company duly incorporated in Sri Lanka (Company PB 765 PQ) and having its registered office at No. 475, Union Place, Colombo 02 (hereinafter called and referred to as “the Company” which term or expression as herein used shall where the context so requires or admits mean and include the said Dialog Finance PLC and its successors and permitted assigns) and the BORROWER subject to the terms and conditions of the Agreement set out hereinbelow.

WHEREAS the Company carries on business as a Licensed Finance Company and in the ordinary course of its business lends monies and / or grants financial facilities to its customers.

WHEREAS the said BORROWER has applied for the Facility (morefully defined hereinbelow) for personal purposes from the Company and the said Company has agreed to grant the said financial facility subject to the terms and / or conditions more fully set out hereunder.

the Company and Borrower shall individually be referred to as “Party” and collectively referred to as “Parties”.

DISBURSEMENT OF FUNDS
  • The Company will grant the Facility morefully defined in the “Statement” generated by Genie App the Schedule hereto and disbursed to the Borrower’s savings account maintained with the Company.
  • Notwithstanding any arrangement or writing to the contrary between the Parties, the Borrower hereby expressly agrees that the Loan Amount together with all other charges as described in clause 2 (PAYMENTS) shall be repayable to the Company and all arrangements or indulgences granted to Borrower to repay by installments shall be subject to the principal obligation of repayment.
  • The Borrower hereby agrees that any statement extract in writing, system generated or other document showing the monies owing hereunder by the Borrower to the Company and made out of the Company books or document and signed and certified by any authorized officers or generated by a Company system shall be deemed sufficient at Law, and conclusive proof against the Borrower, of the contents thereof without any other documents or vouchers to support the same and the same shall further be deemed to be conclusive proof against the Borrower of the fact that the amount set out therein are due by the Borrower.
PAYMENTS
  • The Borrower shall on the due date pay all the dues including but not limited to Monthly Installment, fees, and charges that shall be debited to the Borrower’s Loan/Account in connection with servicing of this Facility by the Company and payments made at any Branch and/or payment channel provided by the Company shall be deemed to have been made to the principal business place of the Company.
  • Any delay and/or default of settling of the Monthly Installment payment due and owing from the Borrower shall be subject to default payment terms and conditions of this Agreement.
  • The Borrower agrees:
    • that in the event of default, the Company shall be entitled to demand the immediate settlement of the Facility in full together with all fees, penalties, charges, interest and any other amounts due;
    • to honour such demand forthwith.
  • The obligation to settle the Monthly Installment, fees and charges in terms of this Agreement shall at all times remain with the Borrower.
TERMS AND CONDITIONS
The Borrower hereby agrees to abide by the following:
  • The Borrower agrees that the Company shall retain the right to place on hold the funds lying in the Borrowers savings account maintained with the Company until this Facility is settled in full.
  • The BORROWER shall pay the following and any other charges that will be debited to BORROWER’s loan account in connection with the Facility:
    • Any fees and charges on the normal and penal interest;
    • Postage and other handling charges if applicable;
    • Inspection valuation and any other incidental charges if applicable;
    • Any Statutory payment by way of taxes or otherwise imposed by the Government or any other statutory body;
    • Legal fees; and
    • All other expenses incurred by the Company for the recovery of the monies owing from the Borrower to the Company.
  • Any delay and/or default of settling of the Monthly Installment payment due and owing from the Borrower shall be subject to default payment terms and conditions set out under clause 2 hereinabove.
  • The Borrower shall immediately inform the Company in the event of the occurrence of any of the following events and shall if required by the Company forthwith settle in full the outstanding Loan Amount which shall be payable by the Borrower to the Company:
    • Any material change is expected or experienced in his/her financial condition;
    • Particulars of any litigation which may tend to affect the his/her financial capacity and in which the Borrower may be involved;
    • of a termination or resignation or in a similar event of his/her employment.
  • The Company is hereby irrevocably authorized by the Borrower without notice to the Borrower:
    • to combine this Facility with all or any of the other accounts or deposits (term or demand) of the Borrower; and
    • to transfer and appropriate all monies lying to the Borrower’s credit with and such unfettered right and shall be exercised by dishonoring or refusing payments demands or withdrawals or other like documents drawn by the Borrower on any officer of on or before the date of the exercise of such right or authority or even to the extent of closing any account in the Borrower name and the Borrower hereby undertakes to indemnify the Company against all claims or demands that may be on the Company consequent in such action of the Borrower.
  • The production in any court of Law or before any Tribunal or body or statutory officer of any statement, extract, writing or other documents showing monies owing by the Borrower as a result of the Company granting this Facility and made out of the books or documents of the Company and signed and certified by the Manager or Accountant of shall be deemed to be conclusive proof of the amounts of the Borrower’s liability to the Company without any further documents or vouchers being produced by the Company.
  • The monies due by the Borrower to the Company in respect of this Facility and interest thereon shall be recoverable from the Borrower notwithstanding the prescription Ordinance (cap 68) and the Borrower shall not raise the prescription Ordinance (cap 68) as a bar to the Company suing the Borrower for the recovery of the said monies.
  • All representations and statements made above and elsewhere and otherwise to the Company or any of its officers or its agents, by the Borrower or his/her agents, employees or officers, in writing or otherwise on the Borrower on behalf of the Borrower, purporting to be on the Borrower’s behalf are hereby warranted true and correct and intended to be acted upon by the Company and shall form the basis of the contract resulting from recovery of the said monies.
  • The Borrower agrees that in the event of default by the Borrower, the Company may appoint a third party collector for the recovery of outstanding amounts and the Borrower agrees to pay all costs of such collection immediately upon demand.
  • The Borrower agrees that the Company at its sole discretion may change any interest rates, service fees, and other charges applicable under this Agreement from time to time. Provided however, the Company shall give notice to the Borrower prior to effecting such change.
  • This Agreement shall be prima facie evidence of the amount/s owing by the Borrower to the Company.
  • The Borrower shall not be entitled to a rebate in the event of an early settlement of the Facility.
  • The Company shall have the right to set-off/net off on the deposits of any kind and nature (including fixed deposits) held/balances lying in any accounts of the Borrower and on any monies, securities, bonds and all other assets, documents, deeds and properties held by/under the control of the Company/their trustees or agents(whether by way of security or otherwise pursuant to any contract entered/ to be entered into by the Borrower in any capacity) to the extent of all outstanding dues, whatsoever, arising as a result of any of the Company’s services extended to and/or used by the Borrower and/or as a result of any other facilities that may be granted by the Company to the Borrower. The Borrower hereby acknowledges the Company lien available to the Company on the aforesaid assets. In addition to the above mentioned right or any other right which the Company may at any time be entitled whether by operation of law, contract or otherwise, the Borrower authorizes the Company:
    • to combine or consolidate at any time all or any of the accounts and liabilities of the Borrower with or to any branch of the Company; and
    • to sell or dispose of any of the Borrower’s securities or properties held by the Company by way of public or private sale or assignment or in any other manner whatsoever without having to institute any judicial proceeding whatsoever and retain/appropriate from the proceeds derived there from the total amounts outstanding to the Company from the Borrower, including costs and expenses in connection with such sale / disposal / transfer / assignment
  • The Borrower shall not transfer ownership and/or vary it’s profile details of the registered mobile number and/or until the Facility is settled in full.
  • The Borrower agrees that in the event of any unsettled outstanding on the Facility, the Company reserves the right to:
    • Instruct Dialog Axiata PLC to withhold any payment of commission, fees or such other payable due to the Borrower until such time that the outstanding payments are settled in full; and/or
    • Instruct Dialog Axiata PLC to deduct such outstanding amounts from any funds lying in the Borrower’s eZ Cash wallet and settle such outstanding amounts to the Company without any prior notice to the Borrower.
  • The Company reserves the right to share its’ database/specific customer information with any one of its subsidiaries and/or holding companies in order to provide an integrated service to the customer and/or for the purpose of recovering any outstanding and/or to any law enforcement authority, Regulator, Government authority for any lawful requirement including criminal investigation or for the purpose of any criminal proceedings.
  • The Borrower understands that the Company is recognized as a Prescribed Authority by the Department of Registration of Persons of Sri Lanka (DRP) under Section 39B(c) of the Registration of Persons Act No. 32 of 1968 as amended by Amendment Act No. 8 of 2016 . Whereas the Borrower hereby consent to the Company accessing the Borrower’s National Identity Card (NIC) details maintained with the DRP, to assess the authenticity of the information provided by the Borrower including the Borrower’s below information;
    • Name
    • Address
    • Date of birth
    • Place of birth
    • Gender
    • Date issued
    • Photograph
    • Scanned copy of the front side and back side of the identity card
    • Scanned copy of the index containing information appearing on the Identity Card
    • Nature of the record (Active/Inactive/ Cancelled/Invalid)
MATERIAL BREACH
This Agreement shall be deemed to have been breached in the event that:
  • The Borrower fails to pay the Monthly Installment on the due date and fails to settle the Facility in full (together with all fees, penalties, charges, interest and any other amounts due) on demand.
  • If the Borrower fails and/or neglects to adhere by any terms or conditions set forth in this Agreement.
CONSEQUENCE OF BREACH/DEFAULT
  • In the event of the occurrence of any act of MATERIAL BREACH (clause 4) hereof, the Company reserves the right to terminate this Agreement forthwith. Termination of this Agreement shall be without prejudice to the respective rights and obligations accrued under this Agreement prior to such termination.
  • The Company may terminate this Agreement at any time in the event of a default other than a material breach as set out in Clause 4 (MATERIAL BREACH) hereof, provided that such event of default remains not remedied within Seven (07) days after such default being notified by the Company to the Borrower.
  • The Clauses that are intended to survive the termination by its nature including but not limited to TERMS AND CONDITIONS (clause 3), PAYMENT (clause 2), GOVERNING LAW AND DISPUTE RESOLUTION(clause 8) shall survive the termination of the Agreement.
WAIVER AND VARIATION
  • Any delay, failure or omission by either party in enforcing exercising or pursuing any right power or privilege claim or remedy set out hereunder or any breach by either party of its obligations hereunder shall not be deemed to be construed as a waiver thereof or of any such right power privilege claim or remedy or operate so as to bar the enforcement or exercise thereof or of any other such right, power, privilege, claim or remedy in any other instance at any time or times thereafter.
SEVERABILITY / ILLEGALITY
  • If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and the related matters shall be governed by the Laws of Sri Lanka. The courts of Colombo Sri Lanka shall have the exclusive jurisdiction over any disputes arising thereof.
NOTICES
  • All demands under this Agreement may be made by the Company by any authorized person or firm for the time being acting as Lawyer or Lawyers for the Company by a letter addressed to the “Borrower” and sent by post/ email or delivered to the address herein before stated and Notice of Demand so given or made shall be deemed to be given or made or received on the day it was so delivered or the day following that on which it is posted as the case may be.
  • All reminders and notices shall be sent by short messages services (SMS), emails, Via Genie App or any other acceptable communication method notified to the customer from time to time to the registered mobile telephone number or Electronic mail given by the Borrower and the Borrower hereby agrees that the said messages being electronic messages shall be deemed to be legally binding reminders and notices.
  • It is further agreed that all payments shall be receipted / acknowledged whether the payments are treated as payments/damages/statutory payments/service charges.
Miscellaneous
  • The Company may transfer or assign its rights and obligations under with notification of the same to the Borrower.
  • In the event of any inconsistency between these terms and conditions and the Sinhala or Tamil translation of these terms and conditions, the English terms and conditions shall prevail.
DEFINITIONS
  • Borrower – Means a customer on whose request the Company has granted the Facility and who has agreed to these terms and conditions by signing up the terms & conditions on Genie App and obtaining the Facility in terms of the Electronic Transaction Act No. 19 of 2006 as amended.
  • Facility – Means the term loan facility/facilities obtained by the Borrower from Dialog Finance PLC from time to time as set out in the Loan Statement generated by Genie App .
  • Agreement – Means this Term Loan Agreement including the Loan Statements generated by Generated by Genie App
  • Signed and executed by the Parties in terms of the Electronic Transaction Act No. 19 of 2006 as amended.
Signed and executed by the Parties in terms of the Electronic Transaction Act No. 19 of 2006 as amended.