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Terms & Conditions

Genie products
1. INTRODUCTION
Please read these terms and conditions of purchase/subscription as well as rights and obligations as a holder of units (“Unit Holder”) of either or both Softlogic Money Market Fund and Softlogic Equity Fund, two unit trusts (“Unit Trust Fund” duly licensed by the Securities &Exchange Commission of Sri Lanka and managed by Softlogic Asset Management (Private) Limited (“Units”) carefully.
 
You will be asked to expressly agree to these terms and conditions of purchase/subscription of Units before you purchase/subscribe for units via the Application (App) and/or our corporate website.
2. INTERPRETATION
In these terms and conditions of purchase/subscription of Units, “we” means Softlogic Asset Management (Private) Limited. (and “us” and “our” will be construed accordingly); and “you” means a Unit Holder or potential Unit Holder for Units (and “your” will be construed accordingly)
3. PURCHASE/SUBSCRIPTION OF UNITS
The portal to Softlogic Invest on the App constitutes an “invitation to treat”; and your purchase/subscription for Units constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your request and allocation of units take place, in accordance with the procedure detailed below.
 
  • In order to enter into a contract to invest in our funds, you will need to take the following steps:
      You must select the initial investment value which you are ready to invest in Units and the Unit Trust Fund of your choice and then proceed to make the investment via a payment gateway.
      If you are a new customer, you must first create an account with us and submit true and correct information during the account creation process.
      Once you are signed in, you must confirm your purchase/subscription for Units and your consent to these terms and conditions.
      We will then send you an initial confirmation via an App notification.
      If we are unable to meet your purchase/subscription for Units a notification will pop-up and until that time you can consider your purchase/subscription for Units as confirmed for allocation of Units. Please note that once you arrive at this step, the purchase/subscription for Units cannot be cancelled and no refund shall be made by us.
      The Unit creation on your behalf shall be made within 2 business days. Therefore, please be informed that units will be not be allocated to you immediately on payment.
      The Unit certificates relating to your purchase/subscription for Units will be sent to you via email to your registered email and your account will be updated accordingly, which can be viewed via the App.
     
    The only language in which we provide these terms and conditions is English.
     
    Before you place your purchase/subscription for Units, you will have the opportunity of identifying whether you have made any input errors by reviewing the information you have provided. You may correct those input errors before placing your purchase/subscription for Units by editing and updating your changes.
  • 4. ALLOCATION OF UNITS
    If we are unable to meet your purchase/subscription for Units a notification will pop-up and until that time you can consider your purchase/subscription for Units as confirmed for allocation of Units. Please note that once you arrive at this step, the purchase/subscription for Units cannot be cancelled and no refund shall be made by us.
     
    The Unit creation on your behalf shall be made within 2 business days. Therefore, please be informed that units will be not be allocated o you immediately on payment. The Unit certificates relating to your purchase/subscription for Units will be sent to you via your registered email and your account will be updated accordingly.
    5. UNIT PRICE AND PAYMENT
    The price based on which your Unit creation will take place is dependent on the price available at the time of the investment/payment for the Units.
     
    Unit prices for Units are quoted on our website www.softlogicinvest.lk on a daily basis.
     
    Payment must be made upon the submission of your purchase/subscription for Units.
     
    We may withhold the allocation of Units and/or cancel the contract between us if the payment is not received from you in full in cleared funds.
     
    The prices on the website include all value added taxes (where applicable).
     
    Unit prices are liable to change based on the value of the respective Unit Trust Fund at any time, hence the total value of your investment in Unit is subject to fluctuation.
    6. WARRANTIES
    It is important that you make the suitability assessment test to gauge your risk tolerance levels before investing in Unit Trust Funds.
     
    Prior to investing in any Unit Trust fund, you need to take some time to understand the Unit Trust Fund’s objective and key features, such as its distribution policy, asset allocation and risk exposure to ensure that these are in line with your investment needs and risk profiles. You should also take note of the fees and charges incurred when investing in Unit Trust Funds.
     
    Please undertake research and study before trading or investing and carefully consider whether trading or investment aligns well with your own financial position, investment objectives and risk tolerance. Be sure to review your decisions periodically to make sure they are still consistent with your goals.
    7. EXPLANATORY MEMORANDUM
    You are expected to read and understand the respective Explanatory Memorandums
     
    Softlogic Equity Fund
     
    Softlogic Money Market Fund
    8. TOP-UPS & REDEMPTIONS
    If you wish to top-up your investment in Units, please click the relevant option in the App and follow the instructions.
     
    If you wish to redeem any portion of your Units, please click the relevant option in the App and follow the instructions.
    9. NOMINATIONS
    If you wish to nominate a beneficiary for your Units, please contact our call centre on +940112104304and obtain instructions.
    10. YOUR REPRESENTATIONS & WARRANTIES
    You represent and warrant to us and call upon us to reply that:
      (a) You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions;
      (b) the information provided in your purchase/subscription request is true, accurate and complete; and
      (c) you or your intended recipient will be able to accept delivery of the products.
    11. YOUR INDEMNITY
    You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, by the purchase/subscription for Units via this App or byway of any breach by you of any of your obligations under these terms and conditions or terms and conditions of this App.
    12. FORCE MAJEURE
    In this Section [12] and Section [13] below, “force majeure event” means:
      (a) Any event which is beyond our reasonable control;
      (b) the unavailability of App or down-time; and/or
      (c) governmental regulations, fires, floods, disasters, civil riots, cyber-attacks, terrorist attacks or wars.
     
    Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms and conditions, those obligations will be suspended for the duration of the force majeure event.
     
    If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms and conditions, we will notify you forthwith.
     
    We will take reasonable steps to mitigate the effects of the any force majeure event.
    13. LIMITATIONS OF LIABILITY
    Nothing in these terms of conditions will limit or exclude your or our liability for: fraud or fraudulent misrepresentation; or any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
     
    Subject to this:
      (we will not under any circumstances be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and we will not be liable for any losses arising out of a force majeure event.

    LEGAL JURISDICTION

     
    The laws of Sri Lanka shall govern your use of this, and you hereby agree to submit to the exclusive jurisdiction of the Sri Lankan courts.
    Merchant Registration
    1.0 SCOPE OF AGREEMENT
    1.1 The purpose of this Agreement is to set out the terms and conditions and the rights and obligations of the Parties in respect of the GENIE service. The ‘GENIE Service’ (‘GENIE’) shall mean the mobile payment service provided by DIALOG which allows customers to execute transactions using any of the payment options they have registered for, including but not limited to credit cards, debit cards, current accounts, savings accounts, mobile money and any other payment methods made available on GENIE from time to time and enables GENIE Merchants to accept such payments made by the customers via the Service.
    2.0 WARRANTIES AND REPRESENTATIONS
    2.1 The Merchant hereby warrants and represents for the benefit of DIALOG that on the date of this Agreement and throughout the term:
     
    2.1.1 any and all, information and the deliverables enumerated herein do not and shall not:
    a). infringe any third party intellectual property rights;
    b). infringe confidentiality obligations owed to any third party; or
    c). contain materially false or misleading statements.
     
    2.1.2 the Merchant and its employees are suitably qualified and competent to undertake the responsibilities enumerated herein in accordance with the terms of this Agreement.
     
    2.1.3 it has all necessary powers, authority and rights (including without limitation any copyrights and other intellectual property rights) to lawfully offer and provide the goods and services for the time being offered or provided by the Merchant.
     
    2.1.4 to comply with all applicable rules and regulations. This shall include not engaging in any illegal businesses.
     
    2.2 By submitting a transaction for settlement via GENIE, the Merchant warrants and represents that;
     
    2.2.1 all transaction details submitted are, within the knowledge of the Merchant, true and complete;
     
    2.2.2 the Merchant as supplied, or will as soon as reasonably practicable thereafter supply, and goods and/or services to which such transaction relates and to the value stated therein and at a price not greater (and on terms not less favourable) than the price (and terms) at and on which such goods are supplied by the Merchant for cash;
     
    2.2.3 no other submission will be made in respect of the goods and/or services to which such transaction relates;
     
    2.2.4 the provision of credit for the supply of the goods to which such transaction relates is not unlawful; and
     
    2.2.5 the Merchant has complied with this Agreement in respect of such transaction.
     
    2.3 Neither DIALOG nor any of its suppliers make any representations or warranties, express or implied, including but without limitation regarding the merchantability or fitness for a particular purpose, with respect to any equipment (including authorization terminals, data capture terminals or printers, if any) or any of the services provided hereunder by DIALOG.
     
    3.0 CHARGES/ PAYMENT PROCESS
    3.1 All Merchant settlements shall be effected in Sri Lankan Rupees (LKR) unless the Merchant is duly authorized through special approval to receive settlement in any other currency. Settlements in currency other that LKR shall be subject to additional charges and fulfillment of other requirements.
     
    3.2 The Merchant shall pay DIALOG the non – refundable Setup fee set out in the Front Sheet.
     
    3.3 The Merchant shall pay DIALOG a Commission Rate at the rate set out in the Front Sheet per each order for sale of goods and/or services completed by the Merchant on behalf of the customers via GENIE (“Transaction”).
     
    3.4 The Commission Rate shall be settled in full by the Merchant which will be deducted upon every Transaction.
     
    3.5 The Merchant agrees that DIALOG shall have the right to revise the Commission Rate with prior written notice to the Merchant. 3.6 SETTLEMENT Settlement schedule would be as follows: –
     
    a). A monthly report shall be submitted by DIALOG within seven (7) working days from the end of each month for reconciliation.
    b). Settlement of daily Transactions shall occur within five (5) working days of the date on which the Transaction took place.
     
    3.7 The Merchant may use any value-added services offered on Genie from time to time, upon payment of the applicable fees specified in the relevant invoice issued by DIALOG. The Merchant’s use of the said value-added services shall be subject to the terms specified in this Agreement.
    4.0 RETURNED ITEMS/CHARGEBACKS
    4.1 If:
     
    a). a customer disputes any card transaction or payment for any card transaction (irrespective of the nature or manner of such disputes);
    b). a card transaction is charged back to DIALOG for any reason by the card issuing institution according to the operating rules and regulations of the related card association;
    c). there has been a breach by the Merchant of any term of this Agreement;
    d). the Transaction has not been submitted for processing within the stipulated time period or in accordance with this Agreement;
    e). DIALOG has any reason to believe a Transaction previously submitted hereunder is unlawful, unenforceable, irregular, questionable, not genuine, or is otherwise unacceptable; and/or any other event or circumstance, which DIALOG shall have previously notified to the Merchant in writing for the purpose of this Clause 4.0, has occurred in relation to a Transaction, the Merchant shall, at DIALOG’s request, repurchase such card transaction(s) at the amount of such card transaction(s), which may be deducted from any payment due to the Merchant or may be charged against any of the Merchant’s account(s). If any such amount is non-collectable through withholding from any payments due hereunder or through charging the Merchant’s account(s), the Merchant shall, upon demand by DIALOG, pay DIALOG the full amount of the chargeback.
     
    4.2 The Merchant understands that obtaining an authorization for any Transaction shall not constitute a guarantee of payment and the related Transaction can be charged back to DIALOG as set out herein.
     
    4.3 REVERSALS
     
    a) The Merchant shall be able to reverse a previously settled amount to the customer’s card/account, where the Transaction had occurred within the last Sixty (60) days and the card/account is still active, by making a request to DIALOG via an authorized channel which is informed to the Merchant by DIALOG.
    b) The refund process shall be completed within Five (5) to Seven (7) working days.
    c) The Merchant shall be able to initiate a reversal of the full amount of any Transaction that has not yet been posted for settlement.
    d) For reversals via credit/debit cards, DIALOG will forward the reversal to the external payment gateway provider to reverse the Transaction. For reversals via bank accounts, DIALOG will direct the reversal to the respective bank of the account holder. The Merchant accepts that such reversals are subject to the terms and conditions of the external payment gateway provider or bank, as applicable.
     
    4.4 RESOLUTION OF TRANSACTION DISPUTES/REVERSALS
    For any transaction related disputes, other than network connectivity (transaction disputes and reversals etc.), the customer may contact the Merchant or the GENIE helpdesk.
     
    4.5 The Merchant shall not make a cash refund in respect of chargebacks or reversals.
     
    5.0 OBLIGATIONS OF THE MERCHANT
    5.1 ACCEPTANCE OF GENIE The Merchant shall:
     
    a). promptly honour any payment request for a Transaction by a customer via GENIE ;
    b). offer goods and/or services to customers who wish to make payments via GENIE on terms not less favourable than those offered to customers paying the Merchant through other means including cash;
    c). not use GENIE for any unlawful or unauthorized purpose;
    d). not require or post signs indicating that they require a minimum value for Transactions below which the Merchant shall refuse to honour payment through GENIE.
    e). not accept any cash payment from a customer with respect to goods and/or services paid for via GENIE.
     
    5.2 AUTHORIZATION AND SECURITY
     
    5.2.1 The Merchant shall
     
    a). before completing a Transaction, comply with all security procedures specified by DIALOG from time to time;
    b). adhere to any directives, instructions or guidelines issued by DIALOG relating to security conditions and implement, maintain and operate technical integrations and /or security standards as required by DIALOG from time to time.
     
    Any loss or damage caused to DIALOG or any third party due to the Merchant’s failure or delay in adhering to such procedures or requirements shall be the sole responsibility of the Merchant.
     
    5.2.2 While adhering to security best practices, the Merchants are required to refrain from using the Insecure Protocol Suites set out in Schedule 1 hereto when making connection to https://extmife.dialog.lk from the Merchant’s Application.
     
    5.2.3 The Merchant shall ensure that goods and/or services are delivered to the customers only after receiving appropriate authorisation for the Transaction.
     
    5.2.4 The Merchant shall not effect two or more Transactions to avoid obtaining the relevant authorisations or to obtain authorisation which would not otherwise have been given. The Merchant shall not effect an Transaction when only a part of the amount due to the Merchant from the Customer is included as the transaction amount.
     
    5.2.5 The Merchant acknowledges and accepts that the Merchant shall not be allowed to carry out Transactions if the Merchant is included in the black list of any bank.
     
    5.3 The Merchant shall ensure that its staff:
     
    a). is fully informed about GENIE, including the procedure for registration of customers;
    b). are always courteous to the customers who wish to perform Transactions;
    c). do not commit any act or omission in relation to GENIE, which may result in a claim or action against DIALOG or GENIE and/or cause any damage to the reputation, brand or image of DIALOG or GENIE;
     
    5.4 PAYMENT CARD INFORMATION (DUTY TO NOTIFY)
     
    a) The Merchant must notify DIALOG immediately if it knows or suspects that payment data belonging to DIALOG customers (“Cardholder Data”) held by it, or its Sub-contractors, has been accessed or used other than in accordance with this Agreement (“Unauthorized Use”).
    b) The Merchant shall promptly provide to DIALOG the full details of the Unauthorized Use (including, without limitation, a breakdown of all information lost if taken) and audit reports of the Unauthorized Use.
    c) The Merchant shall, at its own cost, prepare and implement, with DIALOG, a mitigation plan to rectify any issues arising from Unauthorized Use, including, without limitation, obtaining DIALOG’s advance input into and written approval of the Merchant’s communications to cardholders affected by the Unauthorized Use and providing to, or procuring for, DIALOG (and obtaining any waivers necessary to provide or procure) all relevant information to verify their ability to prevent future Unauthorized Use in a manner consistent with this Agreement.
    d) The Merchant must engage, at its sole cost, an independent forensic investigator to conduct a thorough audit of any such Unauthorized Use, or the Merchant must provide (and obtain any waivers necessary to provide) to DIALOG, its forensic investigators and auditors, on request and at the Merchant’s sole cost, full cooperation and access to conduct a thorough audit of such Unauthorized Use. Audits conducted by the Merchant must include forensic reviews and reports on compliance, as well as any and all information related to the Unauthorized Use and must identify the cause of the Unauthorized Use and confirm whether or not the Merchant was in compliance with the PCI DSS at the time of the Unauthorized Use.
    e) Without prejudice to the other rights and liabilities under the Agreement, the Merchant indemnifies Dialog for all fraudulent transactions related to such Unauthorized Use and all costs, fees, and expenses, including claims from other third parties and all costs incurred by Dialog as a result of the Unauthorized Use.
     
    5.5 At the request of DIALOG, the Merchant shall submit to DIALOG an irrevocable, unconditional, and on demand bank guarantee (in a format agreeable to DIALOG) issued by a licensed commercial bank operating in Sri Lanka equivalent to the value indicated in the Front Sheet to be valid until the expiration or early termination of this Agreement, against all/any act/s of negligence, error or omission, wrong doing, breach of duty, dishonesty or infidelity, sabotage, cessation of work, work to rule, strikes, terrorism, assault or battery, loss/damage to property of DIALOG, breach of contractual liability under this Agreement and to hold DIALOG and/or its employees harmless against any loss or damage or liability. However, any recovery under the said bank guarantee shall not relieve the Merchant from the obligation to comply with the terms and conditions under this Agreement or under any other law.
     
    5.6 The Merchant shall encourage customers to make payments through GENIE when making payments for transactions.
     
    5.7 ACCESS CREDENTIALS
     
    a) The Merchant shall be responsible for ensuring the security of the access credentials provided to him to access GENIE. If a third party accesses the GENIE Account using the access credentials provided to the Merchant, with or without his authorization, for all intents and purposes such access shall be considered an authorised access. b) The Merchant shall use the GENIE access credentials solely for the Website and/or mobile application specified in the Merchant’s Application.
     
    5.8 The Merchant shall keep all customer information confidential and shall not use such information for any other purpose except for the purpose of fulfilling its obligations under this Agreement.
     
    5.9 The Merchant hereby confirms that its personnel have been adequately trained in the GENIE procedure.
     
    5.10 The Merchant shall not engage any third party in the Transactions without the prior written consent of DIALOG.
     
    5.11 The Merchant agrees and accepts that all documents and directions issued by DIALOG in writing relating to GENIE from time to time shall form part and parcel of this Agreement.
     
    5.12 USE OF NAMES AND LOGOS
     
    The Merchant shall prominently display in the place or places of business nominated, GENIE details, insignia and other material provided by DIALOG for the purposes of display and shall notify the public that payments for transactions can be made through GENIE. The Merchant hereby irrevocably authorizes DIALOG to include the name and logos of the Merchant, in any advertising or promotional material in connection with GENIE.
     
    5.13 The Merchant shall ensure that the Transactions are reconciled against the Genie portal on a daily basis. In the event of any discrepancy, the Merchant shall contact the Genie relationship manager immediately. The decision of DIALOG with regard to such discrepancy based on the detailed transaction logs maintained by DIALOG shall be final.
     
    5.14 REPORTING
     
    The Merchant shall maintain a monthly report with the full details of the Transactions concluded through GENIE by the Merchant for the respective month and submit the same to DIALOG. In the event of any dispute relating to the settlement of the Commission Rate for the said month, the Parties shall endeavour to resolve all such disputes amicably, failing which however the decision of DIALOG with regard to such dispute based on the detailed transaction logs maintained by DIALOG shall be final.
     
    5.15 The Merchant shall allow DIALOG to visit and examine the books of accounts and any other records connected with GENIE and/or GENIE Transactions with prior notice and the Merchant shall co-operate with the representative of DIALOG to the best of its ability to facilitate this process.
     
    5.16 WEBSITE / MOBILE APPLICATION REQUIREMENTS The Merchant shall ensure that the Merchant’s website and/or mobile application;
     
    a) complies with the requirements reasonably imposed by DIALOG from time to time. The current requirements are set out in Schedule 2 hereto.
    b) contains a prominent notice stating that the card payment transactions conducted with the Merchant comply with SSL or other security conditions approved by DIALOG in writing, which notice shall also feature therein the relevant marks as required by DIALOG to convey that the Website is a secure site.
    c) does not contain any name, trade name, trademark, logo or other symbol of any bank unless specifically approved by such bank in writing.
    d) does not contain any material that are of an illegal, pornographic, defamatory or scandalous character.
     
    5.17 The Merchant shall provide reasonable assistance for the prevention and detection of fraud in respect of any Transaction as DIALOG may from time to time request.
     
    5.18 The Merchant shall retain all documents and records relating to each Transaction for a period not less than six ( 6) years and produce the same to Dialog on request. Such documents and records shall contain information with regard to each Transaction such as but not limited to, transaction date, transaction amount, transaction currency, authorisation code, description of goods and/or services supplied.
     
    5.19 In respect of each Transaction, the Merchant shall provide to the customer a record of such Transaction (by electronic means, surface mail or other methods acceptable to DIALOG) which shall include all or as applicable, the information contained in Schedule 3 hereto.
     
    5.20 The Merchant shall inform DIALOG of the occurrence of any of the information contained in Schedule 4 hereto, in writing prior to its effective date.
     
    6.0 OBLIGATIONS OF DIALOG
    6.1 DIALOG shall provide to the Merchant access to the GENIE system.
    7.0 LIMITATION OF LIABILITY
    7.1 GENIE is provided on an “as is” basis without representations of any kind whether express or implied, to the fullest extent permitted by law.
     
    7.2 DIALOG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS), WHETHER OR NOT DIALOG HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, UNLESS SUCH DAMAGES WERE CAUSED BY DIALOG’S OWN WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, DIALOG’S LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE VALUE OF TRANSACTIONS COMPLETED THROUGH GENIE FOR THE MONTH PRECEDING THE MONTH IN WHICH THE LOSS OR DAMAGE OCCURRED.
     
    7.3 DIALOG shall not be liable for loss, damage, or delay caused by events which DIALOG cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, delays in information flows, threats to cybersecurity, acts of public enemies, war, strikes, civil commotions, or acts or omissions of the government and/or public authorities with actual or apparent authority.
     
    8.0 INDEMNITY
    8.1 The Merchant shall indemnify and keep DIALOG fully indemnified from and against all actions, claims, demands, cost, expenses, liabilities, loss, damages or other monetary relief (including without limitation any fines imposed under Card Networks and Regulators’ operating rules and regulations) brought, made or awarded against or incurred by DIALOG resulting (directly or indirectly) from any breach or non-performance of conditions contained in this Agreement by the Merchant or in connection with DIALOG acting on the instructions of the Merchant received by fax or email or arising directly or indirectly out of any negligent act or omission, willful default or breach of statutory duty on the part of the Merchant, including breach of DIALOG and third party intellectual property rights.
    9.0 EXCLUSIVITY
    9.1 The Merchant shall not engage in any program similar in nature to GENIE and/or involving in any way whatsoever the use of a mobile phone for the operation of a payment aggregation system for duration of One (01) year from the date of execution of this Agreement.
    10.0 TERM AND TERMINATION
     
    10.1 This Agreement shall be valid from the Effective Date set out in the Front Sheet hereto until terminated by either Party in terms of this Agreement.
     
    10.2 Either Party may terminate this Agreement if the other Party breaches any of the terms herein contained and the same is not cured within Thirty (30) days of notice of the said breach by the non-defaulting Party to the defaulting Party, unless such time period allowed for curing of the breach is further extended by mutual agreement.
     
    10.3 The Merchant may terminate this Agreement with Thirty (30) Days written notice to DIALOG, without assigning any reason therefor.
     
    10.4 DIALOG may at its absolute discretion with prior notice to the Merchant, immediately terminate this Agreement or suspend the Merchant’s access to Genie without reason, impose conditions or restrictions on the Merchant in respect of the use of Genie or change the procedures or the mode of operation of Genie.
     
    10.5 DIALOG may immediately terminate this Agreement in the event of any violation of law or regulation by the Merchant or where Genie is used by the Merchant for an unlawful or unauthorized purpose.
     
    10.6 If DIALOG suspects, on reasonable grounds, that the Merchant has committed a breach of this Agreement or an act of dishonesty or fraud against DIALOG, the external payment gateway provider, the bank or any customer, DIALOG, strictly without prejudice to its right to proceed legally against the Merchant or lodge a claim for the repayment of monies already settled by the Bank, shall be entitled to suspend all payments under this Agreement to the Merchant and/or immediately terminate this Agreement subject to Clause 10.2 herein.
     
    10.7 EFFECTS OF TERMINATION
     
    Upon the termination of this Agreement as set in this Clause 10:
     
    a) Such termination shall not affect any provision of this Agreement which is expressed or intended to survive or operate in the event of termination of this Agreement and shall not prejudice or affect the rights of either Party against the other in respect of any breach of this Agreement occurring prior to termination or in respect of any moneys payable by either Party to the other or in
    b) respect of any other rights accrued in each case in respect of any period prior to termination;
    Such termination shall not prejudice the benefits provided to customers by either Party and both Parties undertake to fulfill their respective obligations under this Agreement towards any customer serviced prior to any termination;
    c) The Merchant shall with immediate effect or within a period as notified by DIALOG send to DIALOG or otherwise dispose of in accordance with the directions of DIALOG all property of DIALOG in its possession or under its control including but without limitation all samples and any advertising, promotional or sales material relating to GENIE, applications, equipment then in the possession or under the control of the Merchant;
    d) The Merchant shall no longer hold himself out as an entity authorized by DIALOG and shall cease to promote, market, advertise or operate GENIE;
    e) All rights granted by DIALOG to the Merchant to use the Intellectual Property pursuant to this Agreement shall automatically cease;
    f) Any costs incurred by DIALOG in complying with the provisions of this Agreement specifically at the request of the Merchant shall be for the account of the Merchant;
    g) The Merchant shall have no claim against DIALOG for indemnification or compensation, whether for loss of income, loss of goodwill or otherwise, direct or indirect; and
    h) The Parties shall settle all dues within a period of sixty (60) days from the date of termination of the Agreement.
     
    11.0 FORCE MAJEURE
    11.1 No Party hereto shall be deemed to be in default of any provisions hereof for any delay, failure in performance or interruption of services resulting directly or indirectly from an act of God or military or governmental authority, acts of public enemy, civil disturbance, acts of war - whether declared or not, accident, fire, explosion, epidemic, quarantine restriction, earthquake, flood or any other natural disaster or any other event beyond the reasonable control of any Party (hereinafter referred to as “Force Majeure Events”), provided the Party facing such Force Majeure Event shall within Forty Eight (48) hours issue a notice in writing to the other Party (a “Force Majeure Notice”) detailing the occurrence of such Force Majeure Event and its anticipated effect upon the performance of the Agreement. As appropriate the Force Majeure Notice shall also state any extension of time that is required by such Party and the details of any alternative method sought by such Party to fulfill its contractual obligations under the Agreement and additional cost, if any, involved in such alternate method.
     
    11.2 The Party receiving the Force Majeure Notice may, at its sole discretion agree with such extension of time, alternate method or agree to additional cost sought by the Party sending such Notice. If such agreement is reached by the Parties, it will amount to a modification or amendment to the Agreement.
     
    11.3 If the Force Majeure Event shall prevail for more than Thirty (30) Days, the Party receiving such Force Majeure Notice may immediately after the said Thirty (30) Days period, terminate this Agreement, without prejudice to the other Party, by giving the other Party notice in writing, notwithstanding any agreement reached by the Parties under Clause 11.2 above. Neither Party shall be liable to pay the other any damages upon such termination.
     
    12.0 ASSIGNMENT
    12.1 The Merchant shall not assign all or any part of this Agreement to any other party without prior written approval of DIALOG. DIALOG reserves the right to assign this Agreement to any of its subsidiaries.
    13.0 WAIVER
    13.1 No delay, neglect or forbearance on the part of either Party in enforcing against the other Party any term or condition of the Agreement and no grant of any extension of time by either Party (whether with or without consideration thereof) shall be deemed to be a waiver of or in any way prejudice any right of either Party under the Agreement against the other Party. No waiver of any term or condition hereof by either Party shall be deemed a waiver of any other term or condition.
    14.0 SEVERABILITY
    14.1 In the event any provision of this Agreement including those relating to any limitation of liability or limitation on warranties is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
    15.0 ENTIRE AGREEMENT
    15.1 This Agreement constitutes the complete agreement between the Parties hereto and supersedes all prior or contemporaneous agreements or representations written or oral concerning the subject matter of this Agreement.
    16.0 APPLICABLE LAW
    16.1 This Agreement shall be governed and construed in accordance with the laws of Sri Lanka.
    17.0 SETTLEMENT OF DISPUTES
    17.1 Any interpretation, dispute or difference whatsoever arising between the Parties relating to this Agreement or any provision thereof, shall be resolved by a court of law with competent jurisdiction in Sri Lanka.
    18.0 NOTICE
    18.1 Unless specified otherwise, DIALOG may give notice to the Merchant by publishing on its website or in at least one Sinhala, Tamil and English newspaper in circulation or by electronic mail or by pre-paid post or by sending a text message to the MSISDN of the Merchant. For avoidance of doubt, DIALOG may notify the Merchant in any one of the ways set out above.
     
    18.2 Notice shall be deemed to have been duly served upon and received by the Merchant, (a) if published on the website, at the time of publication; (b) if published in the newspaper, on the day of such publication; (c) if sent by electronic mail, at the time it was sent; (d) if sent by pre-paid post, on the day following the dispatch of the prepaid letter; (e) if sent by text message at the time the text message was sent.
     
    19.0 CONFIDENTIALITY
    19.1 The Parties shall keep confidential all information including all customer information, account details, customer payment mode details, technical information, documentation, software, drawings, developments or improvements or processes, design, know-how and other unpublished information transmitted or made available directly or indirectly to them by the other Party regarding the subject matter hereof (‘Confidential Information’). This Agreement is confidential.
     
    19.2 No disclosure of any such Confidential Information shall be made to third parties without the written consent of the other Party unless such information has already been published or has been in the possession of one Party other than through the other Party or a person deriving such information, directly or indirectly from such other Party or unless such disclosure is a requirement imposed by a government agency or is otherwise required to be disclosed by operation of law.
     
    19.3 The obligation imposed on each Party under this Clause 19 shall apply during the term of this Agreement and shall survive the expiration or sooner termination hereof.
     
    19.4 Both Parties agree to use such Confidential Information only for matters described in this Agreement.
     
    19.5 The Merchant shall obtain express written undertakings from any person to whom Confidential Information is disclosed as stipulated in this Clause on a strict need to know basis, that such persons shall preserve/maintain confidentiality of the information notwithstanding termination or expiration of the term of employment, consultancy, advisory services or any other relationship with the Merchant pursuant to which same was received. The Merchant shall be fully responsible and liable for all acts or omissions of any person to whom Confidential Information is disclosed in terms of this Clause 19.5 and for any breaches of information security by such persons.
     
    19.6 The Merchant acknowledges and provides consent to DIALOG to disclose Confidential Information to the external payment gateway provider or the bank to the extent necessary to carry out the engagement contemplated in this Agreement. Such information may include, but not be limited to this Agreement, business registration/identification documents of the Merchant, bank account statements of the Merchant and details relating to the Transactions.
     
    19.7 DIALOG shall be entitled to audit the controls, security measures and/or safeguards applied by the Merchant with regard to the Confidential Information disclosed to it by DIALOG.
     
    20.0 PUBLICITY
    20.1 Unless provided otherwise, the Merchant shall not advertise, promote or publicize any matter related to this Agreement without the prior written approval of DIALOG. DIALOG reserves the right to advertise, promote or publicize any matter related to this Agreement with or without prior notification of same to the Merchant.
    21.0 INTELLECTUAL PROPERTY
    21.1 During the term of this Agreement, the Merchant hereby grants to DIALOG a non-exclusive, revocable, non-transferable license to use the intellectual property including trademarks and logos, of the Merchant for the purpose of marketing and promoting GENIE.
     
    21.2 During the term of this Agreement, DIALOG hereby grants to the Merchant a non-exclusive, revocable, non-transferable license to use the trademarks and logos of DIALOG for the sole purpose of marketing GENIE in terms of this Agreement, with notice to DIALOG.
     
    21.3 The Parties shall use the said trademarks and logos of the other Party only in the exact form and style and type approved by such other Party.
     
    21.4 The Merchant shall indemnify DIALOG against any claims for the infringement of any third party Intellectual Property rights arising from the use of any of the Merchant’s trademarks or logos as stipulated herein.
     
    21.5 Nothing in this Agreement shall give either Party any rights, title and interest in respect of any trade names, trademarks, service marks, logos or any other intellectual property right of or used by the other Party (“Marks”) or of the goodwill associated therewith, and each Party hereby acknowledges that, except as expressly provided in this Agreement, it shall not acquire any rights in respect thereof and that all such right, title, interest and goodwill are, and shall remain, vested in the other Party at all times. The use of the Intellectual Property rights by one Party shall not in any way whatsoever dilute any rights, interest and title of the other Party.
     
    21.6 Either Party shall not use in Sri Lanka any trademarks, service marks, logos or trade names so resembling the Marks of the other Party as to be likely to cause confusion or deception.
     
    22.0 RELATIONSHIP OF PARTIES
    22.1 Nothing in this Agreement shall be taken to create any joint venture, partnership or other similar arrangement between the Parties. The Merchant shall at all times, stand in relation to DIALOG as an independent contractor. Neither Party is or may hold itself out to any third party as being the agent of the other.
    23.0 AMENDMENTS
    23.1 The Merchant agrees that DIALOG shall have the right at all times to amend these terms and conditions and the most up to date version of the Merchant Terms and Conditions shall be available at www.genie.lk under Terms and Conditions page (refer Merchant Terms and Conditions). Such amendments or introduction of new terms on the said webpage shall be binding on the Merchant upon introduction.
    24.0 PRIVACY NOTICE
    24.1 DIALOG shall collect personal data in accordance with DIALOG’s Privacy Notice available at https://www.dialog.lk/privacy-notice.
     
    24.2 By agreeing to these Terms and Conditions, the Merchant hereby agrees to DIALOG's collection and use of personal information and acknowledges to have read and accepted DIALOG's Privacy Notice.
     
    25.0 ANTI-BRIBERY AND ANTI-CORRUPTION
    25.1 The Merchant shall comply with the Anti-Bribery and Anti-Corruption Clauses located at https://www.dialog.lk/dialogdocroot/content/pdf/legal/anti-bribery-and-anti-corruption-clauses11.pdf or at such other location as DIALOG may determine from time-to-time.
    26.0 DATA PROTECTION
    26.1 The Merchant shall comply with the Data Protection and Privacy Clauses located at https://www.dialog.lk/dialogdocroot/content/pdf/legal/data-protection-and-privacy-clauses1.pdf or at such other location as DIALOG may determine from time-to-time.
    27.0 INFORMATION SECURITY
    27.1 The COMPANY shall comply with the Information Security Clauses and Network Access Clauses located at https://www.dialog.lk/dialogdocroot/content/pdf/legal/supplier-information-security-clauses-dap.pdf or at such other location as DIALOG may determine from time-to-time.
    28.0 WARRANTY OF AUTHORITY
    28.1 The Parties hereto represent and warrant to each other that their authorized signatories are entitled to sign on their behalf and the rights and obligations of each of the Parties hereto shall be legally valid and binding and enforceable on them.
    Schedule 1
    Insecure Protocol Suites
     
    1. TLS 1.0
    2. TLS 1.1
    3. SSL 2.0
    4. SSL 3.0
     
    Insecure Cipher Suits when (With TLS 1.2)
    Schedule 2 - Website / Mobile Application Requirements
    The Merchant Website and /or Mobile Application must contain all of the following information: -
     
    a). Corporate information, trading name most recognizable to the cardholder, postal address, email address, telephone number(s) and country of domicile of the business.
    b). Return/refund/cancellation policies. If there is limited refund or "no refund" policy, this must be very clearly communicated to customers before the purchase decision is made.
    c). All customer service contact information, e.g., e-mail address, telephone numbers (including country code, toll-free and non-toll-free numbers, facsimile numbers, etc.), and have the resource available to address customers queries with due diligence.
    d). Policy regarding delivery of goods, inclusive of any restrictions or other special condition in place.
    e). Data privacy policy must be clearly stated including what type of information is collected, the purpose of collecting the data, when the information is being collected, how cardholder information will be used, to what extent it will be shared in any way with a third party and if and how a consumer can restrict the use of his/her personal information.
    f). If you provide recurring goods or services e.g. subscriptions, membership fees etc, and charge a cardholder's account periodically, you must obtain a written permission in a format such as hard-copy or electronic record from the cardholder for the goods or services to be charged to the cardholder’s account. The written permission must at least specify transaction amount, frequency of recurring charges and duration of time for which the cardholder's permission is granted. You must retain the written permission for the duration of the recurring services. A simple and easily accessible online cancellation procedure must be in place if the cardholder’s request for goods or services was initially accepted online.
    g). Information about the method of transaction security used to secure cardholder account data during the ordering and payment process must be provided to the consumer. It should include what level and type of security is being used (e.g. Secure Socket Layer (SSL) with 40-/56-/128- bit encryption keys), why it is being used in general, what steps are taken to ensure data quality and access, how it is being held and where, what the consumer will benefit from it, what pages will be secured etc. This information needs to be clear and easy to understand.
     
    All values on the Merchant Website and /or Mobile Application must be denominated in Sri Lankan Rupees (LKR), United States Dollars (USD), Great Britain Pounds (GBP) or Euros (EUR) or any other currency as agreed with DIALOG.
    Schedule 3 - Record of Transactions
    a). Merchants’ URL or on-line address;
    b). A list of any restrictions on returns or refunds;
    c). A description of goods and/or services supplied;
    d). The name of the Merchant and, if the supplier of goods and/or services is not the Merchant, the supplier;
    e). The transaction amount and currency;
    f). The authorization code and the date of obtaining the same;
    g). The Merchant’s delivery policy and any related restrictions,
     
    provided that, if such record is sent by electronic means, it must not contain Card and/or account data
    Schedule 4 - Change of Particulars
    a). Any closure of, or change in location, of shops or offices;
    b). Cessation of the Merchant’s business;
    c). Any change in the nature of the business carried on by the Merchant;
    d). Any material changes in the management of the Merchant;
    e). Any change in the Merchant’s legal status (such as from a sole proprietorship to a partnership or limited company or vice versa);
    f). Any change in the Merchant’s URL or on-line address; or
    g). Any change in any other material particulars relating to the Merchant supplied to DIALOG in connection with this Agreement at any time.

    Dialog Axiata PLC

    Services
    Genie Mobile Application
    Genie enables you to use your mobile device ("Mobile Device") to view your Genie account and provides the services as detailed herein (the "Services").

    The primary function of Genie is to act as a hub for mobile money, payment related services and other value added services (individually “Product” and collectively “Products”) which shall include but not be limited to the following:

    • Mobile phone-based e-money services- This service, which is offered by Dialog Axiata PLC, enables you to link your eZ cash mobile wallet, top up and carry out a range of financial transactions direct from your mobile phone;
    • Loans-This service, which is offered by Dialog Finance PLC, Telecard (Private) Limited or any other entity, as applicable, enables you to obtain an instant loan directly from your mobile phone;
    • Savings and Investment -This service, which is offered by Dialog Finance PLC, enables you to open a digital savings account and perform financial transactions;
    • Genie Payment Services -the integrated digital payment solution permits you to add your Visa/Mastercard Debit/Credit cards and carry out merchant payments (“Genie Payment Services”), and is a service offered by Dialog Axiata PLC.
    • Loyalty-This service, which is offered by Dialog Axiata PLC, enables you to easily view the Star Points balance and carry out a range of transactions directly from your mobile phone


    • The Service Provider shall at its sole discretion offer to you any other Products offered by the Service Provider or any third parties from time to time, other than those specified in these Terms and Conditions.

      Genie can be downloaded to your Mobile Device and used at no additional charge to you.

      You understand that you may not have access to all of the services offered on your Genie account.

      You agree to link all the Products with your Genie account.

      You permit the Service Provider to use your Personal Data in order to better serve you and in accordance with the Service Provider’s Privacy Notice at https://www.dialog.lk/privacy-notice (“Privacy Notice”). Personal Data and matters relating to Personal Data will be defined as per the definitions provided in the Service Provider’s Privacy Notice.

      You permit the Service Provider to check the balance in each of the Products registered in your name and display the same in the Genie account.

      You understand that in order to use the Products through Genie, you may be required to submit your Personal Data in accordance with the know your customer protocols and applicable privacy policies of each Product. You further agree that the provisions of Clause 8.5 hereof shall apply, in the event you fail to provide the required Personal Data or if you provide incorrect, fraudulent or fictitious Personal Data.
    Your Agreement with Us
    By downloading, accessing and logging into Genie, you consent to have read, understood and accepted this Agreement and corresponding Privacy Notice. You will be bound by this Agreement and corresponding Privacy Notice which will continue to apply every time you use Genie.

    By accessing, logging in and using the Products through Genie, you further agree that you have read, understood and accepted the terms and conditions and privacy policies of the respective Products. The terms and conditions and privacy policies of each Product will continue to apply every time you use the respective Product through Genie. The terms and conditions and privacy policies of each Product are available for your reference on the website allocated for the respective Product.

    In the event of a conflict between the terms specified herein and the terms and conditions and privacy notice of a Product, the Terms and Conditions and privacy notice of the respective Product shall prevail.
    Registration and Operations
    All registrations shall be done in your name and your corresponding mobile phone numbers and shall be operated singly by you.

    Only Sri Lankan citizens with a valid National Identity Card shall be permitted to register with Genie and unique log in credentials will be created for you.

    You shall maintain an active mobile phone number with a mobile phone.

    You shall not at any one point delete or disable your Genie account as long as an active loan or outstanding payment under any of the Products is still existing and running.

    The rate of service charge earned and accruing on Genie and/or the Products shall be decided solely by the Service Provider and/or the third party providing the respective Product.

    You agree and undertake to be responsible for keying in the correct log in credential details, your mobile phone number and transaction details. The Service Provider shall not in any way be liable for any transactions which occur due to erroneous details inserted by you.

    You further undertake to exercise a duty of care to ensure that your Genie account is not accessed by unauthorised persons.

    The Service Provider shall not be liable and/or under any obligation to refund any monies lost by you under any circumstances.

    The Service Provider shall not reverse or treat as unauthorised any transaction and/or request that contain errors occasioned by you.

    You may not assign or otherwise dispose of any of your rights and obligations under this Agreement. The Service Provider may transfer or assign its rights and obligations under these conditions and such transfer or assignment shall be effective upon notification of the same to you.

    The Service Provider does not own or operate the third party Products offered on Genie. You therefore acknowledge that the third parties providing Products on Genie are entirely responsible for, inter alia, resolving customer queries/disputes and providing refunds (if any) in accordance with the terms and conditions of the relevant third party Product.

    You are responsible for ensuring that you are viewing the most recent version of the Genie. If we upgrade, update or modify Genie (the "Modifications"), you acknowledge that.

    you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use Genie.

    You may establish a link or “deep link” to Genie from your site, provided that you have obtained our prior written consent and that at our sole discretion, the context is deemed relevant and the link or its description is not detrimental to us.
    Terms and Conditions Applicable for the Use of the Genie Payment Services
    The functionalities provided via the Genie Payment Services shall include but not be limited to:
      Over the counter payments
      Online Payments
      Remote payments
    You can make a payment via the Genie Payment Services with all payment instruments issued under payment franchises acquired by the Service Provider for the Genie Payment Services and credit and debit cards authorized for transactions by their respective issuing banks (All payment cards are hereinafter collectively referred to as the ‘Cards’).

    The Service Provider is entitled at any time to refuse total or partial payment or, if payment has been made, to debit any account with such amount or to seek immediate reimbursement thereof, notwithstanding any authorization and/or authorization code numbers given by the Genie Payment Services in certain circumstances, including but not limited to:
      The transaction being for any reason fraudulent, unlawful or unenforceable;
      The price charged to you, the legal owner of the physical debit/credit card, being in excess of the quoted price for the goods supplied or the services performed;
      The goods and/or services covered by the transaction being rejected or returned or the transaction or part thereof, being validly cancelled or terminated by you;
      If you dispute the nature, quality or quantity of the goods and/or services covered by the transaction;
      Any information pertaining to the Genie Payment Services presented electronically to us in respect of the transaction not being received in accordance with our requirements;
      you dispute or deny the transaction, or the sale or delivery of goods and/or services covered by the transaction with reasons; or
      (i) the Card/account number is listed in a current warning notice; or (ii) your Genie account or the payment option has expired or is not yet valid; or (iii) your payment option’s usage is geographically restricted; or (iv) we have been advised to decline your payment option after authorization checking.
    Rights of the Service Provider
    The Service Provider shall have the right not to grant you access to Genie in the following events:
  • if authorized by or under law; or
  • if providing access would be likely to prejudice;
      an investigation of possible unlawful activity;
      the prevention, detection, investigation, prosecution or punishment of criminal offences, seriously improper conduct or breaches of law; or
      the enforcement of laws relating to terrorism or crime, money laundering, suspicious transactions, financial reporting; or
      the safety of the public or
      the preparation for, or conduct of, proceedings before any Court or Tribunal, or implementation of its orders by or on behalf of an enforcement body; or
  • an enforcement body performing a lawful security function requests the Service Provider not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Sri Lanka.

    The Service Provider shall provide reasons for denial of access or refusal to divulge such information to you, to the extent possible.

    We reserve the right to charge for access to part or all of the Services, subject to giving you clear notice on same.

    The Service Provider shall have the right at all times to activate/deactivate any of the Services/Products assigned to you from time to time or deny you access to the Genie Payment Services as set out in this Agreement.

    Notwithstanding any other term herein, we reserve the right to comply with any regulation/guideline that has been issued by the Central Bank of Sri Lanka or will be issued by Central Bank of Sri Lanka in the future or any regulation/guideline issued by any other governmental or regulatory authority.
  • Processing Your Instructions
    You authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or service or other requirements.

    An instruction provided with respect to a Product offered by us, will only be accepted by us if you have passed through certain security criteria.

    You agree that we can act on any instructions given to us even if these instructions were not authorized by you.

    We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless we have failed to make reasonable efforts to process your instructions.

    You must make sure that the instruction is accurate and complete. We shall not liable if this is not the case.

    A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the Services may be accessible outside such hours.

    You will be responsible for all losses and payments (including the amount of any transaction carried out on Genie without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this Clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in this Agreement.
    Your Mobile Device
    You are at all times responsible for the care and control of your Mobile Device including your Personal Data and password ("Account Information"). You must take reasonable steps to safeguard and protect your Mobile Device and Account Information. Your responsibilities include, but are not limited to:

    Determining whether you are capable of accessing the Internet on your Mobile Device. Your wireless carrier's standard data fees apply when using Genie;

    Keeping possession of your Mobile Device;

    Keeping a lock screen or passcode lock on your Mobile Device at all times;

    Should you wish to keep a record of your Account Information, keeping such information separate from your Mobile Device; and

    Keeping your Account Information strictly confidential.

    Anyone with access to your Mobile Device can view the Services. Genie may sign you out of both Genie and the Product after 120 seconds of inactivity.
    Your Personal Data
    The use of your Personal Data by us will be governed by our Privacy Notice located at https://www.dialog.lk/privacy-notice (“Privacy Notice”).. We recommend that you review our Privacy Notice prior to disclosing your Personal Data to us.

    In addition, our service providers may, in the course of providing you the products and/or services, collect your Personal Data via other channels such as when you are redirected to their individual websites/mobile applications or platforms. We strongly advise you to review the privacy notice of every such service provider. We have no control over and assume no responsibility for the content, privacy notices or practices of any service provider to the fullest extent permitted by the law.
    Limitation of Liability
    WE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE, INABILITY TO USE OR UNAUTHORISED ACCESS TO GENIE OR A PRODUCT, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE.

    THE FOREGOING DISCLAIMER SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION WHATSOEVER, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE GENIE.

    THE FOREGOING DISCLAIMER SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION WHATSOEVER, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE GENIE.

    YOU ACKNOWLEDGE THAT THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN USING (A) ANY SOFTWARE, HARDWARE,PRODUCTS OR APPLICATIONS FROM A THIRD PARTY THAT THE SERVICE PROVIDER MAY MAKE AVAILABLE TO YOU ON GENIE AND/OR (B) ANY COMMUNICATIONS NETWORKS, EITHER PRIVATE, PUBLIC OR OTHERWISE OPERATED BY A THIRD PARTY, IN EACH CASE IN CONNECTION WITH THE ONLINE AND MOBILE SERVICES.

    THE AFORESAID INDEMNITIES SHALL CONTINUE NOTWITHSTANDING THE TERMINATION OF THE SERVICE AND/OR THE AGREEMENT BETWEEN YOU AND THE SERVICE PROVIDER.
    Ownership and Proprietary Rights
    You acknowledge that the Genie software underlying the Services as well as other softwares which are required for operating and accessing the Services are the legal property of the Service Provider.

    The visual interfaces, graphics, designs, compilation, information, computer codes, software services and all other elements provided by the Service Provider are protected by copyright, designs, patent and trade mark laws.

    Any permission given by the Service Provider to access Genie in any way whatsoever will not convey any proprietary or ownership rights in such software to you.

    Unless otherwise specified, Genie Information may not be copied, displayed, modified, adapted, communicated or republished in any form without advance express written consent from the Service Provider. You only have the right to use Genie for personal and non-commercial purposes, on a single Mobile Device at a time. All rights not expressly granted are hereby reserved. All other company and product names and logos are trademarks or registered trademarks of the Service Provider.
    Conditions constituting the Agreement and Changes thereto
    By inserting the relevant information in Genie, you shall be deemed to have read, understood and agreed to be bound by these Conditions and Privacy Notice upon acknowledging their receipt as availed in the Genie process.

    You further confirm that you have considered the charges and interest (if any) levied by the Service Provider and/or third party.

    We may add or change the provisions of this Agreement or Privacy Notice at any time. We will notify you of any additions or changes to this Agreement or and Privacy Notice by posting the notice on Genie or we may choose to send you notice of those additions or changes by other means (the "Notice"). Once we provide you with the Notice, the Agreement and Privacy Notice is amended, and you accept the changes as of the effective date of the Notice. If you do not agree with the Agreement or Privacy Notice, as amended, you shall discontinue using Genie. Do not use Genie if you do not agree to the Agreement or Privacy Notice, as amended, or otherwise. You may review the most current version of the Agreement or Privacy Notice at any time on Genie under terms and conditions. By continuing to use Genie after the Service Provider posts the Notice, you agree to and accept the new or revised terms and conditions provided under this Agreement and Privacy Notice, as amended.
    Lost or Stolen Mobile Device and Unauthorised Access to Your User Information
    You should immediately notify the Service Provider by calling 0760760760 if you suspect your Mobile Device is lost or stolen, you suspect your Account Information has become known to another person or that any other unauthorised use or security breach has occurred. Not providing notification immediately may result in unauthorised access to your Account Information and/or other Personal Data and unauthorised transactions being conducted through your Genie account.
    Disposing of Your Mobile Device
    Before you sell, give away, or dispose of your Mobile Device, you must delete Genie because unless you do, it may be used to obtain your Account Information and/or other Personal Data to conduct unauthorised transactions through your Genie account.
    Prohibited Actions

    You shall not:

    Use Genie for purposes other than to access the Services and carry out transactions as permitted on each Product or the Genie Payment Services.

    Impersonate any person or entity, access other customer’s user accounts and/or data without their express permission or perform any other fraudulent activity against any other customer(s).

    Use Genie, the Products and its services for any illegal purpose or in violation of any local legislation or international law including but not limited to any laws governing intellectual property, data protection, money laundering, terrorist financing, illegal gambling activities, terrorism and tax laws.

    Use any automatic device or manual process to monitor or copy Genie and information without the prior consent and permission from the Service Provider.

    Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.

    Refuse to co-operate in an investigation.

    Remove, circumvent, disable, damage or otherwise interfere with security related features of Genie, circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with Services provided to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading the Service Provider’s legitimate web pages (referred to as “page-jacking”). You acknowledge that violation of systems or network security may incur criminal or civil liability and we will at our absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the direction of law enforcement or relevant authorities.

    knowingly or recklessly transmit any electronic content (including viruses) through Genie which shall cause or is likely to cause detriment or harm, in any degree, to our computer systems or those of other Genie users.

    Copy or use any material and/or Products offered on Genie for any commercial purpose.

    remove, obscure or change any copyright, Trademark or other intellectual property right notices contained in Genie and/or the Products or printed off from the Genie or obtained as a result of using the Products.

    set a hyperlink to any part of Genie in any form from your site without our written consent.

    eceive, access or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
    Security
    Do not respond to text messages, emails or other internet requests that ask you to reveal your Personal Data or your Account Information. We will never send you unsolicited messages asking for your password, account numbers, etc. We will never ask you to validate or restore the Service through unsolicited messages.

    You must review your Account Information and report any errors in a timely manner.
    Limited License
    You are granted a limited, revocable, non-transferable, non-exclusive license to use Genie on a Mobile Device that you control. The Service Provider can terminate this license at any time and with or without any reason. Genie is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense Genie. You agree that the Service Provider retains all rights, title and interest in and to Genie including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Genie or any part of it. You may not use Genie for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by the Service Provider upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the Online Store, your Mobile Device provider, your financial service provider, or your wireless services carrier) relating to your use of Genie.

    The Service Provider may suspend or terminate the Service, a Product or a service provided through any of the Products at any time without notice to you should you fail to adhere to this Agreement, or other terms and conditions governing your use of Genie and/or Product/s.
    Consent and Confirmation
    The Service Provider reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Service should circumstances out of the Service Provider's control corrupt or affect the administration, security and conduct of the Service.

    You hereby irrevocably authorize the Service Provider:

    To connect your existing eZ Cash wallet, Loan accounts, Savings/Investments accounts and/or Card information to your Genie account;

    Monitor the activities carried out on Genie;

    As and when required in accordance with the applicable law and the Service Provider’s Privacy Notice, including but not limited to, disclosures for purposes of credit review of any user account and/or any information relating to you to;
      its parent company, subsidiaries, branches and/or affiliates.
      Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.
      Maintainers or servicers of the Service Provider.
      Any regulatory and/or government body.
      Any other person with whom the Service Provider contracts or proposes to contract with regard to offering Services,including but not limited to financial institutions providing internet payment gateways for the Genie Payment Services.
      Any person employed with or engaged as an agent by the Service Provider.
    You irrevocably confirm that the:

    Personal Data provided hereunder is true and accurate and is your Personal Data and not of any other third individual (fictitious or otherwise).

    Mobile number provided for the purpose of Genie is registered under your name and that you are the actual user of the mobile number.

    You agree to check your bills/payment history carefully and inform us immediately of any discrepancy.
    Monitor/Recording of Communications
    Monitoring or recording of your communications may take place when required in accordance with the law, and in particular, but without limitation, for the Service Provider’s business purposes, such as for quality control and training, to prevent unauthorized use of our telecommunication systems, to ensure effective systems are in operation and in order to prevent or detect crime.
    Termination
    You shall be at liberty to withdraw from receiving and enjoying the Services anytime but subject to paying up all existing loans, outstanding payments and/or interest accrued in the respective Products, to the Service Provider.

    You shall, after withdrawal, discontinue use of any and all parts of Genie.

    The Service Provider may, without prior notice to you, suspend the Services or any of the Products wholly or in part at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons.

    The Service Provider may, at its discretion, withdraw temporarily or terminate the Services or any of the Products wholly or in part, at any time without giving prior notice to you.

    The Service Provider shall however endeavor to give reasonable notice for suspension or termination of the Services, Product/s or part thereof.
    Force Majeure
    The Service Provider shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for as long as the Force Majeure event continues.

    For the purpose of this clause “Force Majeure” shall mean and include but not be limited to governmental decision, war whether declared or not, hostilities, act of the public enemy, civil commotion, sabotage, fire, typhoons, flood or any natural disasters, explosion, epidemics, quarantine restrictions, disturbance in supplies from normally reliable sources (including but not limited to electricity, water, fuel) strike and lockout or any other event beyond the reasonable control of the Service Provider.
    Governing Law and Jurisdiction
    This Agreement shall be governed by the Laws of Sri Lanka.

    Any legal action or proceedings arising out of this Agreement shall be brought in the relevant courts or tribunals in Colombo, Sri Lanka.
    Contact us
    By email - service@dialog.lk / genie@dialog.lk

    By visiting our website: https://www.genie.lk

    By phone number: +94 760 760 760 (only to block or unblock your Genie PIN number)

    By WhatsApp: +94 777 678 678
    Savings account
    1. INTRODUCTION
    I, the Account Holder of the Savings Account (“Account”) have read, understood and agree to be bound by the terms and conditions set out by Dialog Finance PLC (“Company”) herein below.
    2. INTRODUCTION
    I understand 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 I hereby consent to the Company accessing my National Identity Card (NIC) details maintained with the DRP, to assess the authenticity of the information provided by me including my 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)
  • 3. INTRODUCTION
    I consent to Dialog Finance PLC sharing my information its holding company, any of its subsidiaries or affiliates to provide integrated services or otherwise.
    4. INTRODUCTION
    I have read and understood the key features of the Account provided hereinbelow whereas I agree to the terms and conditions of the Account.
     
      Minimum Deposit Amount
     
      Deposit made by acheque in favor of“Dialog Finance PLC”
     
      Payment of Interest
     
      Tax
    5. INTRODUCTION
    All reminders/requests and/or other general communications shall be sent by short messages services (SMS) to the mobile telephone number given by me/us (‘Registered Mobile Number’) and/or Email address given by me to the Company and I hereby agree that the said messages being electronic messages shall be deemed to be legally binding.
    6. NOMINATION
    I hereby agree to the terms and conditions governing the Nominee details I have included in the Account opening application.
     
  • a. Nomination shall have effect not withstanding anything to the contrary contained in any last will of the Account Holder
  • b. Nomination will stand revoked under the following circumstances
    1. 1. On the death of the nominee in the lifetime of the Account holder.
      2. By written notice of revocation of the nomination by the Depositor or any amendment made to the nominee details by the Depositor in any online platform provided by the Company. Provided that, in the case of an amendment to the nominee details by the Depositor such Nominee as amended by the Depositor shall have full effect of the Nomination as provided under this Clause 11.
      3. By a subsequent nomination duly made by the Account holder
     
  • c. In the event there being more than one nominee and no proportion for distribution is indicated, the monies lying to the credit will be paid to the nominees in equal shares.
  •  
  • d. The monies will be paid to the person / person legally entitled thereto in the event this nomination cannot be effected.Payment will be made to a nominee only on production of proof of identity and company reserves the right to call for any information / documents that may be required.
  • 7. ATM/DEBIT CARD
    In consideration of the Company pursuant to my request, making available to me, Automated Teller Machine (ATM) Facilities and issuing to me a Debit / ATM Card (‘Card’), I agree to be bound by the following terms and conditions.
     
  • At all times to regard the Card as the property of the Company and to surrender it unconditionally and without reservation upon demand by the Company.

  • At no time to use or attempt to use the Card unless there are sufficient funds in my/our account to cover the withdrawal or transfer.

  • To restrict use of the Card exclusively to the person named overleaf as it is not transferable.

  • Not to use or attempt to use the Card after any notification of its cancellation or withdrawal has been given to me by the Company or by any person acting on behalf of the Company.

  • At no circumstance disclose to any Person the Personal Identification Number (PIN NO) allotted to me to facilitate the use of the Card in the ATM where the card is accepted.

  • To immediately notify the company of the loss or theft of the Card.

  • To accept full responsibility for all transactions processed from the use of the Card except any transactions occurring after the Company shall have confirmed to me that it has received notice of loss or theft of the card or of unauthorized acquisition of the PIN NO.

  • Subject to (g) above to accept the Company’s record of withdrawals and/or transfers as conclusive and binding for all purposes and to authorize the Company to debit my account with all amounts withdrawn or transferred with or without my knowledge or authority.

  • To acknowledge that the amount stated on the ATM screen or a printed inquiry slip or receipt advice shall not for any purpose whatsoever be taken as conclusive of the state of my account with the Company.

  • Not to hold the company liable, responsible or accountable in any way whatsoever for any loss or damage howsoever arising or caused by any malfunction or failure of the Card or the ATM or the insufficiency of funds in the ATM.

  • Notwithstanding and without prejudice to the generality of the provisions of (j) above the use of the Card shall be at my sole risk and I assume any and all risks incidental to or arising out of the use of the card.

  • The Company will not be responsible for the Card not being honored for any reason whatsoever.

  • To return the Card for cancellation should it be no longer required or should my account with the Company for any reason be closed.

  • That the Company shall be at liberty to terminate the facility at any time without notice to me by cancelling or refusing to renew the Card.

  • All Card transaction effected in currencies other than Sri Lankan Rupees will be debited to the Card Account after conversion into Sri Lankan Rupees at a rate of exchange determined by the exchange rate adopted by Visa/MasterCard International on the date of conversion, plus an additional percentage levied by the Company and any transaction fee(s) charged by Visa/MasterCard International to the Company, if applicable, which fees may be shared with the Company.

  • Cash deposited by use of the Card will only be credited to my account after verification by the Company. The statement issued by the ATM at the time of deposit will only represent what I purport to have deposited and shall not be binding on the Company. The Company’s count of the amount contained in the envelope shall be conclusive

  • Joint Account Holders are inter alia jointly & severally bound by these terms and conditions and are liable for all transactions processed by the use of the Card.

  • I undertake not to use this Card to make payment for purchases of Real Estate or Financial Assets overseas.

  • Other than the terms & conditions imposed by the Company on the usage of the Card, the cardholder will also be governed by the rules and regulation imposed by both MasterCard/VISA International on the usage of the Card.

  • Expenses and purchase of goods for personal use.

    1. I am aware that the Debit Card is not permitted to be utilized for payments in respect of capital transactions and / or purchase / import of goods in commercial quantities.
    8. EMAIL INDEMNITY
  • a. Instructions sent via Email is available only for sharing instructions between the Company and me for the purpose of:
    transfer of funds within the Accounts held by me with the Company;
  •  
      1. transfer of funds between the Accounts held by me and other banks and/or licensed finance companies or any other third-party account(s)
      2. creation of Fixed Deposit and/ or Investment Plan by debit to my Savings Account with the Company;
      3. sharing the statement of accounts for Accounts held by me with the Company where applicable;
      4. sharing of any change of profile details for my Accounts with the Company where applicable (subject to proof of documents to the satisfaction of the Company).
      5. Request for closure of account and transfer of remaining balance to designated account
     
  • b. Unless expressly instructed by me and duly acknowledged by the Company, the Email address provided by me in the Account opening application will constitute my registered Email address for the purpose of this Clause.

  • c. Operation of the Account through Email shall be strictly confined to instructions sent through the aforesaid registered Email address and received by the Company via their Email address provided to me whereas the Company shall not in any manner be responsible for ensuring the validity and authenticity of such instructions.

  • d. I agree and understand that the Company shall only act on any Email sent by me and received by the Company during working days and normal business hours of the Company communicated to me, whereas the Company shall not be responsible for any failure / rejection of the instruction due to lack of availability of time for execution of such instructions.

  • e. The Company shall not be bound to act upon instructions received by Email, which are illegible, ambiguous or multiple in the Company’s opinion and which shall be the Company’s sole decision. The Company shall not be responsible for any losses or damages which I may suffer as a consequence thereof.

  • f. The Company acting upon the instructions received via Email as aforesaid shall not be responsible for any losses/damages incurred by me out of transactions undertaken based on such instructions. The Company shall specifically be excluded from any liability for consequences that may occur due to fraud or crime caused through my Email by me or any other third party.

  • g. I shall at all times be responsible for the compliance of all laws or regulations of all statutory, regulatory and enforcement bodies and will bear all claims, losses, damages, costs, liabilities and expenses incurred, suffered or paid by the Company acting upon the instructions received by me via Email as provided herein.

  • 9. USSD INDEMNITY
    I hereby agree to conduct below listed activities pertaining to my Card via Unstructured Supplementary Service Data (USSD) received through my Registered Mobile Number;
     
      Linking of ATM Card to the savings account;
      PIN reset;
      Card activation / Block (de-activation);
      Account balance inquiry;
     
  • a. Unless expressly instructed by me and duly acknowledged by the Company, the Registered Mobile Number provided by me in the accounts opening application will constitute my registered mobile number for the purpose of this Indemnity

  • b. I agree and understand that the Company acting upon the instructions received via USSD as aforesaid shall not be responsible for any losses/damages incurred by me out of transactions undertaken based on such instructions. The Company shall specifically be excluded from any liability for consequences that may occur due to fraud or crime caused/occurred through my Registered Mobile Number by me or any other third party.

  • 10. ONLINE PLATFORM
    a. I agree and understand that for my convenience, the Company may make available certain online facilitates which I may access through a compatible Device (“Device” shall include any mobile phone and the sim card in use, tab or any such other device compatible with the online platform provided by the Company).
     
    b. I agree and understand that any passwords used including any One Time Passwords (OTP) pertaining to the access of such online platforms are strictly for my use whereas I shall keep confidential and not share such passwords with any other third party at any time for any reason whatsoever.
     
    c. I agree and understand that loss or theft of the Device used to access such online platforms pose a risk to exposing my sensitive data contained therein to third parties and I irrevocably agree to promptly inform relevant authorities regarding any loss or theft of my Device.
     
    d. I further agree to promptly keep the Company informed of any such loss or theft of the Device without any delay and request the Company to block any access of the Account by third parties through the communication channels made available to me by the Company and informed to me by the Company from time to time.
     
    e. I agree and understand that it shall be my sole liability whereas the Company shall not bear any responsibility or liability towards any claims, losses, damages, costs, liabilities and expenses incurred, suffered by me prior to informing the Company as aforesaid due to unauthorized access of my Account by third parties due to loss or theft of the Device.
     
    f. I specifically agree and understand that in the event I fail to duly notify the Company as required herein, it shall be my sole liability whereas the Company shall not bear any responsibility or liability towards any claims, losses, damages, costs, liabilities and expenses incurred, suffered by me due to unauthorized access of my Account by third parties due to loss or theft of the Device.
    11. INTRODUCTION
    11. I agree and understand that the Company reserves the right to amend or vary the terms and conditions of the Account from time to time whereas the Company shall notify me of any changes to these terms and conditions prior to effecting the same.
    Goal Based Savings Plan
    1.Definitions
    • “Maturity Target Value"- Means the amount which the Depositor contracts with the Company to receive on the Maturity Date under the Account. The Maturity Target Values depicted are rounded to the nearest LKR 1000 values in the Company’s online platform which may result in the actual Maturity Target Value to be different from value depicted in the Company’s online platform.
    • “Maturity Date”-Means the date on which the Depositor will receive the Maturity Target Value under the Account, subject to the Company’s terms and conditions
    • “Depositor”-Any person who is 18 years or above at the time of account opening approved by the Company
    • “Monthly Installment”-The amount computed as the monthly installment the Customer is required to deposit into the Account on the due date of the said installment, in order to be eligible to receive the Maturity Target Value on the Maturity Date chosen by the Depositor subject to the Company's terms and conditions
    • “Nomination”-Means any persons nominated by the Depositor as a beneficiary or beneficiaries to whom the final settlement value maybe paid in the event of the demise of the Depositor prior to the Maturity Date by completing the nomination details at the time of opening the Account or at any time thereafter in accordance with applicable law and terms and conditions of the Company.
    2. INTRODUCTION
    2. Every Account will be given a number which must be quoted in all correspondence with the Company and on all deposits (‘the Account Number’). The Company reserves the right to change the Account Number without prior notice to the Customer.
    3. INTRODUCTION
    3.The Depositor shall pay the Monthly Installment on or before the due date to his savings account maintained with the Company.
    4. INTRODUCTION
    4. In the event the Depositor is not an existing savings account holder of the Company, the Company shall open a savings account for the Depositor together with the Account whereas the Depositor shall pay the Monthly Installment to the Account via the Depositor’s savings account.
    5. INTRODUCTION
    5. The Key information of the Account shall be as follows;
     
    • Tenure of the Account-Minimum of 12 months and maximum of 60 months and subject to change at the sole discretion of the Company.
    • Tax-Subject to taxes imposed by the relevant regulatory authorities from time to time. The Company has the right to recover unpaid withholding taxes from the Depositor at any time without notice to the customer, if claimed by the relevant authority.
    • Interest Rate-Interest at the rates fixed by the Company at the time of opening the Account shall be calculated on the daily balance in the account and credited to the Account monthly until the Maturity Date. The Company shall have the right to change or vary interest rates if required to do so by the relevant regulatory bodies.
    • Method of payment-The Depositor can fund the Account via his savings account maintained at the Company by performing an online fund transfer or via the Company’s mobile banking facility
    • Penal Rate-Shall be at a rate decided under the sole discretion of the Company
    6. INTRODUCTION
    6. The Depositor must at the time of opening the Account, choose the Maturity Target Value and the Tenure on which he wishes to receive the Maturity Target Value under the Account, by indicating the same in the account opening application upon which the Company shall compute and advise the Monthly Installment or vice versa.
    7. Monthly Installment
    7.1.The Monthly Installment is computed by the Company by considering the initial deposit, Target Maturity Value, the Tenure and the prevailing interest rate.
     
    7.1.The Monthly Installment is computed by the Company by considering the initial deposit, Target Maturity Value, the Tenure and the prevailing interest rate.
     
    7.2The Depositor undertakes and agrees to deposit into the Account the Monthly Installment specified by the Company, on or before the due date. Depositing the Monthly Installment in full, on or before the due date of each month until the Maturity Date, is mandatory in order to be eligible to receive the Maturity Target Value chosen by the Depositor.
     
    7.3In the event of the Depositor failing to deposit the Monthly Installment in full on or before the due date the Company will not match the shortfall with any subsequent Monthly Installments paid by the Depositor whereas any default in making the timely monthly installment shall impact the Maturity Target Value.
     
    7.4The Company is not responsible or obliged to notify the Depositor if or when the Monthly Installment become overdue or delayed.
     
    7.5The Company will not be liable for any reduced amount the Depositor may receive from the Maturity Target Value of the Account due to any lapse on the part of the Depositor in making the monthly installments in full on or before the due date.
     
    7.6In the event the Depositor defaults in making any two consecutive Monthly Installments on the due date, the Company shall terminate the Account applying a penal rate and transfer any funds accrued to the Account to the Depositor’s savings account maintained with the Company.
    8. INTRODUCTION
    8. In the event the Depositor deposits more than the Monthly Installment amount specified by the Company under the Account or multiples of the said Monthly Installment at any given time during the Tenure of the Account, the Company reserves the right in its sole and absolute discretion to compute the interest at the prevailing savings interest rate of the Company on the amount in excess of the specified Monthly installment.
    9. Maturity and Pre-Maturity of the Account
    9.1 On the Maturity Date the Company shall disburse the Maturity Target Value subject to deduction of taxes and other statutory levies that may be payable on the Maturity Date or during the period of the investment as required by law, provided that the
     
    9.2 Depositor has at all times complied with all of the terms and conditions set out by the Company
     
    Pre-mature withdrawals shall only be permitted prior to the Maturity Date subject to the deduction of a Penal Rate deducted from the total accrued amounts lying in the Account
    10. Closure of Account by the Company
    10.1The Company reserves the right to close the Account at any time in its absolute discretion after giving one (01) months’ notice to Depositor without assigning any reason, therefore. In the event the Company closes the Account before the Maturity Date under this Clause, the Company shall, subject to the Company’s terms and conditions disburse to the Depositor’s savings account the total principal sum invested together with accrued interest up to the date of such closure of Account less taxes and statutory levies that maybe payable by the Depositor.
     
    10.2In the event of the demise of the Depositor prior to the Maturity Date the Account shall stand terminated and the balance in the Account as at the date of the demise of the Depositor including the principal amounts invested and all accrued interest together, less taxes and statutory levies payable by the Depositor (final settlement value), shall be paid by the Company either in terms of the Nomination or in accordance with applicable law. ​
    11. Nomination
    11.1.Nomination shall have effect not withstanding anything to the contrary contained in any last will of the Depositor
     
    11.2.Nomination will stand revoked under the following circumstances;
      11.2.1.On the death of the nominee in the life time of the Depositor.
      11.2.2.By written notice of revocation of the nomination by the Depositor. or any amendment made to the nominee details by the Depositor in any online platform provided by the Company. Provided that, in the case of an amendment to the nominee details by the Depositor such Nominee as amended by the Depositor shall have full effect of the Nomination as provided under this Clause 11
      11.2.3.By a subsequent nomination duly made by the Depositor
     
    11.3.The monies will be paid to the person / person legally entitled thereto in the event this nomination cannot be effected.
     
    11.4.Payment will be made to a nominee only on production of proof of identity and the Company reserves the right to call for any information / documents that may be required. ​
    12. INTRODUCTION
    12. The Company shall provide the depositor with monthly e-statements of accounts in the manner and form decided by the Company whereas the Depositor agrees to examine each statement of account received from the Company to ensure correctness of entry. Any errors or irregularities should be notified to the Company via the contact channels communicated to the Depositor from time to time, within 14 days from receipt of the statement.
    13. INTRODUCTION
    13.The Depositor agrees to inform the Company in the event of any change in the Depositor’s registered contact details.
    14. INTRODUCTION
    14. Notwithstanding anything to the contrary stated herein the Company may without notifying the Depositor, combine or consolidate the Depositor's Account with any other account of the Depositor or with any liabilities of the Depositor to the Company and set-off or transfer any sum/s standing to the credit of the Account against any other sum/sums owing from the Depositor to the Company on any other account or in any other aspect whether such liabilities be actual or contingent, primary or collateral and several or joint.
    15. INTRODUCTION
    15. The Company reserves the right to amend or vary the terms and conditions of the Account from time to time whereas the Company shall notify the Depositor of any changes to these terms and conditions prior to effecting the same.
    16. INTRODUCTION
    16. These terms and conditions will automatically stand amended if such amendments are necessitated by law.
    17. INTRODUCTION
    17. All reminders/requests and/or other general communications shall be sent by short messages services (SMS) to the mobile telephone number given by the Depositor (‘Registered Mobile Number’) and/or Email address given by the Depositor to the Company whereas the said messages being electronic messages shall be deemed to be legally binding.
    18. EMAIL INDEMNITY
    18.1. Unless expressly instructed by the Depositor and duly acknowledged by the Company, the Email address provided by the Depositor in the Account opening application will constitute the Depositor’s registered Email address for the purpose of this Clause.
     
    18.2. Operation of the Account through Email shall be strictly confined to instructions sent through the aforesaid registered Email address and received by the Company via their Email address provided to the Depositor whereas the Company shall not in any manner be responsible for ensuring the validity and authenticity of such instructions.
     
    18.3. The Depositor agrees and understand that the Company shall only act on any Email sent by the Depositor and received by the Company during working days and normal business hours of the Company communicated to the Depositor, whereas the Company shall not be responsible for any failure / rejection of the instruction due to lack of availability of time for execution of such instructions.
     
    18.4. The Company shall not be bound to act upon instructions received by Email, which are illegible, ambiguous or multiple in the Company’s opinion and which shall be the Company’s sole decision. The Company shall not be responsible for any losses or damages which the Depositor may suffer as a consequence thereof.
     
    18.5. The Company acting upon the instructions received via Email as aforesaid shall not be responsible for any losses/damages incurred by the Depositor out of transactions undertaken based on such instructions. The Company shall specifically be excluded from any liability for consequences that may occur due to fraud or crime caused through the Depositor’s Email by the Depositor or any other third party.
     
    18.6. The Depositor shall at all times be responsible for the compliance of all laws or regulations of all statutory, regulatory and enforcement bodies and will bear all claims, losses, damages, costs, liabilities and expenses incurred, suffered or paid by the Company acting upon the instructions received by the Depositor via Email as provided herein.
    19. Online Platform
    19.1.The Depositor agrees and understands that for the Depositor’s convenience, the Company may make available certain online facilitates which the Depositor may access through a compatible Device (“Device” shall include any mobile phone and the sim card in use, tab or any such other device compatible with the online platform provided by the Company).
     
    19.2. The Depositor agrees and understands that any passwords used including any One Time Passwords (OTP) pertaining to the access of such online platforms are strictly for the Depositor’s use whereas the Depositor shall keep confidential and not share such passwords with any other third party at any time for any reason whatsoever.
     
    19.3.The Depositor agrees and understands that loss or theft of the Device used to access such online platforms pose a risk to exposing the Depositor sensitive data contained therein to third parties and the Depositor irrevocably agree to promptly inform relevant authorities regarding any loss or theft of the Depositor’s Device.
     
    19.4. The Depositor further agrees to promptly keep the Company informed of any such loss or theft of the Device without any delay and request the Company to block any access of the Account by third parties through the communication channels made available to the Depositor by the Company and informed to the Depositor by the Company from time to time.
     
    19.5. The Depositor agrees and understands that it shall be the Depositor’s sole liability whereas the Company shall not bear any responsibility or liability towards any claims, losses, damages, costs, liabilities and expenses incurred, suffered by the Depositor prior to informing the Company as aforesaid due to unauthorized access of the Depositor Account by third parties due to loss or theft of the Device.
     
    19.6. The Depositor specifically agrees and understands that in the event the Depositor fails to duly notify the Company as required herein, it shall be the Depositor’s sole liability whereas the Company shall not bear any responsibility or liability towards any claims, losses, damages, costs, liabilities and expenses incurred, suffered by the Depositor due to unauthorized access of the Depositor’s Account by third parties due to loss or theft of the Device. ​
    20. INTRODUCTION
    20. These terms and conditions shall be governed by the laws of Sri Lanka.
    21. INTRODUCTION
    21. The Depositor irrevocably agrees to the Company sharing any of the Depositor’s information with the Company’s holding company, any of its subsidiaries or affiliates to provide integrated services or otherwise.
    22. INTRODUCTION
    22. 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.
    23. INTRODUCTION
    23.The Depositor has read and understood and agree to be bound by the terms and conditions herein contained.
    The following terms and conditions will govern the Goal Based Savings Plan (hereinafter referred as the ‘Account’) opened and maintained by the Depositor at Dialog Finance PLC bearing registration number PB 765 PQ having its registered office at No.475, Union Place, Colombo 02 (hereinafter referred to as the "Company”).
    Part I – ‘Lesi Pay’ General
    1. INTRODUCTION
    You understand that Lesi Pay is a facility where the Service Provider provides you a loan to finance the purchase of a device from either Dialog Axiata PLC and or any its direct or indirect subsidiaries (“Dialog Group”) or any other device providing entities that have partnered with the Dialog Group provided you have successfully completed the Know Your Customer (KYC) process (hereinafter referred to as “the Lesi Pay Facility”). All details pertaining to the Lesi Pay Facility shall be contained in and facilitated via Finpal. ​ ​ ​
    2. INTRODUCTION
    You understand that a processing fee shall be payable for every successful application and this amount shall be displayed in the Lesi Pay product page in the Finpal Mobile Application prior to submission of the Lesi Pay application. It is also understood that this processing fee will be added to the first instalment payable to the Company by the Borrower.
    3. Lesi Pay Product Page in the Finpal Mobile Application
    3.1 The functions of Lesi Pay include, but are not limited to:
      i. Applying for the Lesi Pay Facility from time to time;
      ii. Viewing your Lesi Pay Loan Agreement (the terms of which are morefully set out below);
      iii. Viewing the details of the device purchased through Lesi Pay;
      iv. Requesting a new loan ("re-loan" request);
      v. Executing a new Loan Agreement;
      vi. Viewing your current loan status;
      vii. Viewing your loan history;
      viii. Viewing your current payment schedule;
      ix. Viewing your transaction history; and
      x. Viewing your Profile.
      xi. Viewing your loan tenure
      xii. Repayment of your loan facility
      xiii. Notifications related to your loan correspondence
     
    3.2 Lesi Pay which is a feature/product within Finpal (which can be downloaded to your Mobile Device) and used at no additional charge to you.
     
    3.3 You permit the Service Provider to use your information with the Service Provider, in accordance with the Dialog Privacy Policy in order to better serve you.
     
    3.4 You permit the Service Provider to check your Lesi Pay loan balance and display the same in your Lesi Pay account.
    4. INTRODUCTION
    The Service Provider shall at its sole discretion offer to you the Lesi Pay Facility or any other loan offered by the Service Provider from time to time.
    5. INTRODUCTION
    You are fully aware and understand that due to a possible shortage of / unavailability of devices at Dialog outlets, there may be changes to the device that has been selected by you notwithstanding the device and loan amount being approved by us. You shall select and accept a different device and your consent will be verified and recorded via an OTP.
    6. Registration and Operations
    6.1 All registrations shall be done in your name and mobile phone numbers registered under your National Identity Card Number and shall be operated singly by you.
     
    6.2 You shall maintain an active mobile phone number with a mobile phone.
     
    6.3 You shall not at any one point delete or disable the customer account as long as an active loan is still existing and running.
     
    6.4 The rate of service charge earned and accruing on the products shall be decided solely by the Service Provider.
     
    6.5 You agree and undertake to be responsible for keying in the correct log in credential details, your Mobile phone number and the loan amount requested, and the Service Provider shall not in any way be liable for any erroneous transactions incurred.
     
    6.6 You further undertake to exercise a duty of care to ensure Finpal and/or Lesi Pay is not accessed by unauthorized persons through the Mobile Device.
     
    6.7 The Service Provider shall not be liable and/or under any obligation to refund any monies lost by you.
     
    6.8 The Service Provider shall not reverse or treat as unauthorized any transaction and/or loan request that contain errors occasioned by you.
     
    6.9 You may not assign or otherwise dispose of any of the Account holder‘s rights and obligations under this Agreement. The Service Provider may transfer or assign its rights and obligations under these conditions and such transfer or assignment shall be effective upon notification of the same to you.
    7. Your Mobile Device
    7.1. You are at all times responsible for the care and control of your Mobile Device including your user identification information and password ("Account Information"). You must take reasonable steps to safeguard and protect your Mobile Device and Account Information. Your responsibilities include, but are not limited to:
      7.1.1. Determining whether you are capable of accessing the Internet on your Mobile Device. Your wireless carrier's standard data fees apply to Lesi Pay;
      7.1.2. Keeping possession of your Mobile Device;
      7.1.3. Keeping a lock screen or passcode lock on your Mobile Device at all times;
      7.1.4. Should you wish to keep a record of your Account Information, keep such information separate from your Mobile Device; and
      7.1.5. Keeping your Account Information strictly confidential.
     
    7.2. Anyone with access to your Mobile Device can view the Service. Finpal may sign you out of the Service after 30 minutes of inactivity.
     
    7.3. If we upgrade, update or modify Lesi Pay (the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the Service.
     
    7.4. You are not permitted to sell the device purchased through the Lesi Pay Facility until the loan has been settled. You shall indemnify the Company and its holding and ultimate Parent Company in the event any claims are made by a third party who claims to be a bona fide purchaser of the device.
    8. Your Personal Data
    8.1 The Service Provider is required to process the relevant Personal Data of its customers in accordance with the Dialog Privacy Policy.
     
    8.2 By logging on to Lesi Pay, you hereby agree to the Service Provider's processing of your Personal Data and acknowledge that you have read and accepted Dialog’s Privacy Policy.
     
    8.3 The Service Provider shall need to process the appropriate Personal Data/and or documents (including, but not limited to, your full name, email address, mobile phone number, National Identity Card number, device details, profile picture, bank account number, latest photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners, and other information arising from your use of Lesi Pay, including account statements and loan documents, etc.) to provide you this service and ensure that any changes/updates in your profile information are duly updated in the records of the Service Provider.
     
    8.4 If you do not provide the Personal Data requested, the Service Provider may not be able to provide you the services.
     
    8.5 Failure to provide the above documents/Personal Data within stipulated timelines or submission of wrong, incomplete or false documents/Personal Data sought may result in the account/s being closed/ blocked for transactions.
     
    8.6 The Service Provider reserves the right to share its database/specific customer Personal Data with its parent company, any one of its subsidiaries and/or holding companies in order to provide an integrated service to you and/or for the purpose of recovering any outstanding amount due and/or to any Government authority in relation to any investigation or for the purpose of any criminal proceedings and/or to any third party to provide you with the service you wish to obtain. Such disclosure will be governed by the Dialog Privacy Policy.
     
    8.7 If you disclose any Personal Data relating to other people to the Service Provider in connection with Lesi Pay, you represent that you have the authority to do so and to permit the Service Provider to use the Personal Data in accordance with the Dialog Privacy Policy.
     
    8.8 In the event of discrepancy between this Clause and the Dialog Privacy Policy, the Dialog Privacy Policy shall prevail to the extent of such discrepancy.
    9. Limitation of Liability
    9.1. WE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE LESI PAY, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE.
     
    9.2. THE FOREGOING DISCLAIMER SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION WHATSOEVER, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE LESI PAY.
     
    9.3. YOU ACKNOWLEDGE THAT THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN USING (A) ANY SOFTWARE, HARDWARE, OR APPLICATIONS FROM A THIRD PARTY THAT THE SERVICE PROVIDER MAY MAKE AVAILABLE TO YOU AND/OR (B) ANY COMMUNICATIONS NETWORKS, EITHER PRIVATE, PUBLIC OR OTHERWISE OPERATED BY A THIRD PARTY, IN EACH CASE IN CONNECTION WITH THE ONLINE AND MOBILE SERVICES.
     
    9.4. WE RESERVE THE RIGHT TO REFUSE TO GRANT LESI PAY TO YOU FOR ANY REASON WHATSOEVER. THE SERVICE PROVIDERS DECISION SHALL BE FINAL AT ALL TIMES.
     
    9.5. THE AFORESAID INDEMNITIES SHALL CONTINUE NOTWITHSTANDING THE TERMINATION OF THE SERVICE AND/OR THE CONTRACT BETWEEN YOU AND THE SERVICE PROVIDER.
    10. Ownership and Proprietary Rights
    10.1 You acknowledge that the Lesi Pay software underlying the Services as well as other software which are required for operating and accessing the Services are the legal property of the Service Provider.
     
    10.2 The visual interfaces, graphics, designs, compilation, information, computer codes, software services and all other elements provided by the Service Provider are protected by copyright, designs, patent and trademark laws.
     
    10.3 Any permission given by the Service Provider to access Lesi Pay in any way whatsoever will not convey any proprietary or ownership rights in such software to you.
     
    10.4 Unless otherwise specified, Lesi Pay Information may not be copied, displayed, modified, adapted, communicated or republished in any form without advance express written consent. You only have the right to use Lesi Pay for personal and non-commercial purposes. All rights not expressly granted are hereby reserved. All other company and product names and logos are trademarks or registered trademarks of the Service Provider.
    11. Conditions constituting the Agreement and Changes thereto
    11.1 By inserting the relevant information in Lesi Pay and clicking on the “By proceeding I agree to the above T&C, Privacy Policy” button you shall be bound by these Conditions upon acknowledging their receipt as availed in the Lesi Pay process.
     
    11.2 You further confirm that you have considered the charges and interest levied by the Service Provider.
     
    11.3 We may add or change the provisions of this Agreement at any time. We will notify you of any additions or changes to this Agreement by posting a notice on Lesi Pay or we may choose to send you notice of those additions or changes by other means (the "Notice"). Once we provide you with the Notice, this Agreement is amended you are deemed to have accepted the changes as of the effective date of the Notice. If you do not agree with the Agreement, as amended, you shall discontinue using Lesi Pay. Do not use Lesi Pay if you do not agree to this Agreement, as amended, or otherwise. You may view the most current version of this Agreement at any time at Lesi Pay. By continuing to use Lesi Pay after the Service Provider posts the Notice, you agree to and accept the new or revised terms and conditions provided under this Agreement, as amended.
    12. Lost or Stolen Mobile Device and Unauthorized Access to Your User Information
    12.1 You should immediately notify the Service Provider if you suspect your Mobile Device is lost or stolen, you suspect your Account Information has become known to another person or that any other unauthorized use or security breach has occurred. Not providing notification immediately may result in unauthorized access to your Account Information and/or other personal information and unauthorized transactions being conducted through your Lesi Pay account.
    13. Disposing of Your Mobile Device after the settlement of the Lesi Pay Facility
    13.1 Before you sell, give away, or dispose of your Mobile Device, you must delete Finpal because unless you do, it may be used to obtain your Account Information and/or other personal information to conduct unauthorized transactions through your Finpal account.
    14. Prohibited Actions
    14.1 You shall not:
      14.1.1 Use Lesi Pay for purposes other than to request for, Check Status, receive and repay loans advanced to you by the Service Provider and check loan status.
      14.1.2 Impersonate any person or entity, access other customer’s user accounts without their express permission or perform any other fraudulent activity against any other Customer(s).
      14.1.3 Use Lesi Pay and its services or request for a loan for any illegal purpose or in violation of any local legislation or international law including but not limited to any laws governing intellectual property, data protection, money laundering, terrorist financing, illegal gambling activities, terrorism and tax laws.
      14.1.4 Use any automatic device or manual process to monitor or copy Lesi Pay and information without the prior consent and permission from the Service Provider.
      14.1.5 Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.
      14.1.6 Refuse to co-operate in an investigation.
      14.1.7 Remove, circumvent, disable, damage or otherwise interfere with security related features of Lesi Pay.
    15. Information Security
    15.1 Do not respond to text messages, emails or other internet requests that ask you to reveal personal information about yourself or your Account Information. We will never send you unsolicited messages asking for your password, account numbers, etc. We will never ask you to validate or restore your Service through unsolicited messages.
     
    15.2 You must review your Account Information and report any errors in a timely manner.
    16. Limited License
    16.1 You are granted a limited, revocable, non-transferable, non-exclusive license to use Lesi Pay on a Mobile Device that you control. The Service Provider can terminate this license at any time and with or without any reason. Lesi Pay is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense Lesi Pay. You agree that the Service Provider retains all rights, title and interest in and to Lesi Pay including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Lesi Pay or any part of it. You may not use Lesi Pay for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by the Service Provider upon notice to you.
     
    16.2 The Service Provider may suspend or terminate the Service at any time without notice to you should you fail to adhere to this Agreement, or other terms and conditions governing your use of Lesi Pay, Finpal and/or other products.
    17. Consent and Confirmation
    17.1 The Service Provider reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Service should circumstances out of the Service Provider's control corrupt or affect the administration, security and conduct of the Service.
     
    17.2 You hereby irrevocably authorize the Service Provider:
     
    17.2.1 As and when required in accordance with the applicable law and in accordance with the Dialog Privacy Policy, including but not limited to, disclosures for purposes of credit review of any user account any information relating to you to;
      i. The holding company, parent company, its subsidiaries, branches and/or affiliates.
      ii. Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.
      iii. Maintainers or servicers of the Service Provider.
      iv. Any regulatory and/or government body.
      v. Any other person with whom the Service Provider contracts or proposes to contract with regard to offering services.
      vi. Any person employed with or engaged as an agent by the Service Provider.
     
    17.3 You irrevocably confirm that the:
      17.3.1 Information provided hereunder is true and accurate and is your personal information and not any other third individual (fictitious or otherwise).
      17.3.2 Mobile number provided for the purpose of this Service is registered under your name and that you are the actual user of the mobile number.
    18. TERMINATION
    18.1 You shall be at liberty to withdraw from receiving and enjoying the Services anytime but subject to paying up all existing loans and interest accrued to therein to the Service Provider.
     
    18.2 You shall, after withdrawal, discontinue use of any and all parts of Lesi Pay.
     
    18.3 The Service Provider may, without prior notice to you, suspend the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons.
     
    18.4 The Service Provider may, at its discretion, withdraw temporarily or terminate the services wholly or in part, at any time without giving prior notice to you.
     
    18.5 The Service Provider shall however endeavor to give reasonable notice for suspension and/or termination of the services.
    19. FORCE MAJEURE
    19.1 The Service Provider shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for as long as the Force Majeure event continues.
     
    19.2 For the purpose of this clause “Force Majeure” shall mean and include but not be limited to governmental decision, war whether declared or not, hostilities, act of the public enemy, civil commotion sabotage, fire, typhoons, flood or any natural disasters, explosion, epidemics, pandemics quarantine restrictions, disturbance in supplies from normally reliable sources (including but not limited to electricity, water, fuel) strike and lockout or any other event beyond the reasonable control of the Party concerned.
    20. Governing Law and Jurisdiction
    20.1 This Agreement shall be governed by the Laws of Sri Lanka.
     
    20.2 The Parties hereby agree that any legal action or proceedings arising out of this Agreement shall be brought in the relevant courts or tribunals in Colombo, Sri Lanka.
    Please read these terms and conditions carefully.
     
    By clicking on the “I agree to the Terms & Conditions and Dialog Privacy policy” checkbox , you agree to be bound by these terms and conditions.
     
    The following terms and conditions, and any amendments hereto (the "Agreement") is a legal agreement between you ("you" or "your") and Telecard (Private) Limited (bearing Company No. PV 21669) (a fully owned subsidiary of Dialog Broadband Networks (Private) Limited (bearing Company No. PV 261), which in turn is a fully owned subsidiary of Dialog Axiata PLC (bearing Company No. PQ 38)) its holding company, parent company, subsidiaries and affiliates (collectively referred to as "Service Provider/the Company", "we", "us" or "our") for your use of Lesi Pay ("LesiPay”) via the Finpal Mobile Application (Finpal).
    Part II – Lesi Pay Loan
    1. LESI PAY LOAN
    Upon successful completion of ‘Know Your Customer’ (KYC) process by the Company, the Company through either Dialog Axiata PLC and or any its direct or indirect subsidiaries (“Dialog Group”) or any other device providing entities that have partnered with the Dialog Group shall issue a device (“the Purchased Device”) to you (“the Borrower”) upon payment by the Borrower an advance/down payment. The remaining amount due on the device shall be extended by way of a loan/facility by the Company and the Borrower shall settle such loan/facility in installments. This facility/loan shall hereinafter be referred to the “Lesi Pay Loan”. The details of the device, the amount of the down payment made by the Borrower, the total loan, the tenure of the loan, number of installments and all other connected information shall be morefully set out in Lesi Pay product page in the Finpal Application.
    2. DISBURSEMENT OF LOAN
    2.1 The Company shall grant the Lesi Pay Loan together with interest and the Borrower shall repay the Lesi Pay Loan within the tenure set out in Lesi Pay product page in the Finpal Mobile Application and in the event of a default of payments, an additional interest per annum as penalty interest shall be charged until the payment is made in full.
     
    2.2 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 3 (PAYMENTS) shall be repayable on demand to the Company and all arrangements or indulgences or permitted to Borrower to repay by installments shall be subject to the principal obligation of repayment on demand.
     
    2.3 The Borrower also agrees that any statement extract in writing 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 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.
    3. PAYMENTS
    3.1 The Borrower shall pay the charges that shall be debited to the Borrower’s facility account in connection with serving of this loan by the Company and payments made at any Branch of the Company or Dialog Axiata PLC (Agent) Arcade/ Branch or appointed Agent or any other new payment mechanism as notified by the Company in the Finpal Mobile Application shall be deemed to have been to the principal business place of the Company.
    4. DEVICE BLOCKING FEATURE AND SECURITY
    4.1 The Borrower agrees that the Purchased Device shall be deemed as Security for the Lesi Pay Loan and the Borrower shall not sell or transfer the Purchased Device until the Lesi Pay Loan has been settled in full.
     
    4.2 The Borrower acknowledges and accepts that the Purchased Device contains a device blocking feature (“Device Blocking Feature”) which can be enabled/utilized by the Company and/or Dialog Axiata PLC (being the ultimate parent company of the Company) for the purpose of the Lesi Pay Loan and the functions of the Device Blocking Feature are as follows:
    • 4.2.1 Enrollment notifications:-A message will be displayed on the end user device to communicate initial enrollment and SIM card change events. This message will be displayed on each device reboot and SIM card changes.
    • 4.2.2 Overdue notifications:-Where loan payments are overdue, notifications as payment reminders shall be sent to the Purchased Device.
    • 4.2.3 Blink Reminders:-When an overdue payment notification fails to result in a prompt payment, a periodic blinking payment reminder will be sent to the Purchased Device as an escalated payment reminder.
    • 4.2.4 Lock devices:-Where loan payments are overdue, the Purchased Device can be locked until the Company receives payment from the Borrower.
    • 4.2.5 Offline device locks:-There shall be an offline device lock that automatically locks a device when offline for a considerable period of time. This can occur when the Borrower does not connect to the network as a means of evading payment, and the device cannot be tracked since it is no longer receiving updates from the server.
    • 4.2.6 SIM Control:-SIM cards can be configured to restrict some functionality and/or lock the device if required.
    5. COVENANTS
    5.1 The Borrower hereby agrees to abide by the following-
      5.1.1. The Borrower agrees that the Company shall have absolute discretion to appropriate any payment received from Borrower.
      5.1.2 first towards settlement in respect of overdue Interest (if any) and Government Levies, costs including legal fees etc. incurred by the Company on account of this Lesi Pay Loan and the balance, if any, towards the said principal amount.
      5.1.3 against this Agreement, in respect of dues under other agreements with the Company under which the Borrower has taken on this Lesi Pay Loan.
     
    5.2 The Borrower shall immediately inform the Company in the event of the occurrence of the following events and shall if required by the Company settle in full the outstanding Lesi Pay Loan amount which shall be payable by the Borrower to the Company:
      5.2.1 Any material change is expected or experienced in his/her financial condition.
      5.2.2 Particulars of any litigation which may tend to affect the his/her financial capacity and in which the Borrower may be involved.
      5.2.3 Termination or resignation or a similar event in connection with his/her employment
     
    3 The Company is hereby irrevocably authorized by the Borrower without notice to the Borrower:
      5.3.1 to combine the account of this Lesi Pay Loan with all or any of the Borrower’s other accounts or deposits (term or demand); and
      5.3.2 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.
     
    5.4 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 Lesi Pay Loan 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.
     
    5.5 The monies due by the Borrower to the Company in respect of this Lesi Pay Loan 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.
     
    5.6 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 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.
     
    5.7 The Borrower agrees that in the event of default by the Borrower, the Company shall instruct Dialog Axiata PLC to attend to the recovery of outstanding amounts and the Borrower agrees to pay all costs of such collection.
     
    5.8 This Agreement shall be prima facie evidence of the amount owing by the Borrower to the Company.
     
    5.9 The Borrower shall not be entitled to a rebate in the event of an early settlement of the Lesi Pay Loan.
     
    5.10 The Borrower shall not transfer ownership and/or vary its profile details of the registered mobile number until the Lesi Pay Loan is settled in full.
     
    5.11 The Company hereby reserves the right to instruct Dialog Axiata PLC to block the transfer of ownership of the registered mobile number until the Lesi Pay Loan is settled in full. In the event of a default, the Company also hereby reserves the right to instruct Dialog Axiata PLC to block and/or disconnect any other mobile connection registered under the National Identity Card Number of the Borrower.
     
    5.12 In the event of a default, the Company hereby reserves the right to instruct Dialog Axiata PLC to disconnect any other connection (such as Television and Broadband connections) registered under the National Identity Card Number of the Borrower until the Lesi Pay Loan is settled in full.
     
    5.13 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 any Government authority with any criminal investigation or for the purpose of any criminal proceedings.
     
    5.14 The Company hereby reserves the right to transfer/assign the Lesi Pay Loan to any other legal entity with notice to the Borrower. Such transfer/assignment of the Lesi Pay Loan shall in no way affect the validly of this Loan Agreement.
     
    5.15 In the event the ‘Number Portability’ feature is introduced and if the Borrower intends utilizing the said feature at such point in time, the Borrower agrees that prior to exiting the Dialog Network the Borrower shall first settle the Lesi Pay Loan in full.
    6. MATERIAL BREACH/EVENT OF DEFAULT
    This Agreement shall be deemed to have been breached in the event that:
      6.1 The Borrower fails to pay the amount on the due date and fails to pay the total amount due with interest on demand at Colombo.
      6.2 If the Borrower fails and/or neglects to adhere by any terms or condition of this Agreement.
    7. CONSEQUENCE OR BREACH/DEFAULT
    7.1 In the event of the occurrence of any act of MATERIAL BREACH (Clause 6) hereof, the Company reserves the right to terminate this Agreement and shall exercise the Device Blocking Feature as morefully set out in Clause 4 hereof. Termination of this Agreement shall be without prejudice to the respective rights and obligations accrued under this Agreement prior to such termination.
     
    7.2 The Company reserves the right to disconnect the network in the event of a breach or default of the terms and conditions set out herein.
     
    7.3 In the event of any unsettled outstanding on the facility, the Company reserves the right to instruct Dialog Axiata PLC to block the Borrower availing his/herself of any new products or services.
     
    7.4 The Borrower shall return the device and, in the event, that the Borrower fails to return the device upon such notice received by the Company, the Company reserves the right to make necessary arrangements to collect the device from the Borrower. For the purpose of this clause, the sole responsibility of deleting all personal data and content from the device shall be with the Borrower whereas the Company shall not be liable for any exposure of such personal data and content to any third party due to the failure of the Borrower in meeting his obligations hereunder.
     
    7.5 Upon termination of COVENANTS (clause 5), PAYMENT (clause 3), EXCLUSIVE JURISDICTION (clause 10) shall survive the termination of the Agreement.
    8. WAIVER AND VARIATION
    8.1 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.
     
    8.2 The terms and conditions of this Agreement may be amended or varied from time to time.
    9. 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.
    10. EXCLUSIVE JURISDICTION
    This Agreement shall be governed and construed in all respects in accordance with the Law of Sri Lanka and the Court of jurisdiction shall be Colombo.
    11. NOTICES
    11.1 All notices, requests, demands or other communications under this Agreement may be made by the Company and/or their ultimate parent company (Dialog Axiata PLC):
      11.1.1 under the hand of its Secretary, Manager, Accountant, Legal officer or by any 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 or delivered to the address herein before stated
      11.1.2 Via short messages services (SMS), WhatsApp/Viber message, via -Finpal Mobile Application and/or the Device Blocking Feature in the Purchased Device.
     
    11.2 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.
     
    11.3 All reminders shall be sent by SMS , WhatAapp/Viber message (to the mobile telephone number), via -Finpal Mobile Application and/or the Device Blocking Feature in the Purchased Device or Electronic mail provided by the Borrower and the Borrower hereby agrees and acknowledged that the said messages being electronic messages shall be deemed to be legally binding reminders.
     
    11.4 It is further agreed that all payments shall be receipted / acknowledged (electronically or otherwise) whether the payments are treated as payments/damages/statutory payments/service charges.
    12. INDEMNITY
    THE BORROWER AGREES AND UNDERTAKES TO HOLD THE COMPANY AND ITS HOLDING COMPANIES INCLUDING THE ULTIMATE PARENT COMPANY (I.E. DIALOG AXIATA PLC) THEIR SUCCESSORS AND ASSIGNS INDEMNIFIED AND SAVED HARMLESS FROM AND AGAINST ALL LOSSES COSTS DAMAGES AND EXPENSES ANY LIABILITY AND/OR DETRIMENT OF WHATSOEVER KIND OR NATURE CONSEQUENT TO LESI PAY AND IN PARTICULAR THE USE OF THE DEVICE BLOCKING FEATURE AS MOREFULLY SET OUT IN CLAUSE 4 HEREOF.
    13. Your Agreement with Us
    13.1 By downloading, accessing and logging into Lesi Pay, and by clicking on the “By proceeding I agree to the above T&C, Privacy Policy” button, you consent to have read, understood and accepted the Agreement. You will be bound by this Agreement which will continue to apply every time you use the Service.
     
    13.2 In the event the KYC process is unsuccessful or if your application for Lesi Pay is rejected for any reason whatsoever, you will not be bound by any of the terms set out herein.