Terms & Conditions

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

1.2. 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

1.3. 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.

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

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

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

1.7. 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.

1.8. 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.

1.9. 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.

2.1. 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.

2.2. 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.

2.3. 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.

3.1. All registrations shall be done in your name and your corresponding mobile phone numbers and shall be operated singly by you.

3.2. 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.

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

3.4. 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.

3.5. 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.

3.6. 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.

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

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

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

3.10. 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.

3.11. 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.

3.12. 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.

3.13. 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.

4.1. The functionalities provided via the Genie Payment Services shall include but not be limited to:

1. Over the counter payments
2. Online Payments
3. Remote payments

4.2. 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’). 4.3. 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:

1. The transaction being for any reason fraudulent, unlawful or unenforceable;
2. 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;
3. 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;
4. If you dispute the nature, quality or quantity of the goods and/or services covered by the transaction;
5. 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;
6. you dispute or deny the transaction, or the sale or delivery of goods and/or services covered by the transaction with reasons; or
7. (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.

 

5.1 The Service Provider shall have the right not to grant you access to Genie in the following events:

1. if authorized by or under law; or
2. if providing access would be likely to prejudice;
   1. an investigation of possible unlawful activity;
   2. the prevention, detection, investigation, prosecution or punishment of criminal offences, seriously improper conduct or breaches of law; or
   3. the enforcement of laws relating to terrorism or crime, money laundering, suspicious transactions, financial reporting; or
   4. the safety of the public or
   5. 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
3. 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.

5.2 The Service Provider shall provide reasons for denial of access or refusal to divulge such information to you, to the extent possible. 5.3 We reserve the right to charge for access to part or all of the Services, subject to giving you clear notice on same. 5.4 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. 5.5 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.  

6.1 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.

6.2 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.

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

6.4 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.

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

6.6 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.

6.7 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.

7.1. 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:

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

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, keeping 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 Services. Genie may sign you out of both Genie and the Product after 120 seconds of inactivity.

8.1. The use of your Personal Data by us will be governed by our Privacy Notice located at https://www.dialog.lk/privacy-notice. We recommend that you review our Privacy Notice prior to disclosing your Personal Data to us.

8.2. 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.

 

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, 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.

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 GENIE.

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, 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.

9.4. THE AFORESAID INDEMNITIES SHALL CONTINUE NOTWITHSTANDING THE TERMINATION OF THE SERVICE AND/OR THE AGREEMENT BETWEEN YOU AND THE SERVICE PROVIDER.

10.1. 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.

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 trade mark laws.

10.3. 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.

10.4. 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.

11.1. 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.

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

11.3. 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.

12.1. 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.

13.1. 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.

14.1. You shall not:

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

14.1.2. 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).

14.1.3. 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.

14.1.4. Use any automatic device or manual process to monitor or copy Genie 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 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.

14.1.8. 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.

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

14.1.10. 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.

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

14.1.12. receive, 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.

15.1. 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.

15.2. You must review your Account Information and report any errors in a timely manner.

16.1. 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.

16.2. 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.

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. To connect your existing eZ Cash wallet, Loan accounts, Savings/Investments accounts and/or Card information to your Genie account; 17.2.2. Monitor the activities carried out on Genie; 17.2.3. 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;  

1. its parent company, subsidiaries, branches and/or affiliates.
2. Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.
3. Maintainers or servicers of the Service Provider.
4. Any regulatory and/or government body.
5. 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.
6. Any person employed with or engaged as an agent by the Service Provider.

17.3. You irrevocably confirm that the:

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

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

17.3.3. You agree to check your bills/payment history carefully and inform us immediately of any discrepancy.

18.1. 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.

19.1. 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.

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

19.3. 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.

19.4. 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.

19.5. The Service Provider shall however endeavor to give reasonable notice for suspension or termination of the Services, Product/s or part thereof.

20.1. 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.

20.2. 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, 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.

 

21.1. This Agreement shall be governed by the Laws of Sri Lanka.

21.2. Any legal action or proceedings arising out of this Agreement shall be brought in the relevant courts or tribunals in Colombo, Sri Lanka.

22.1. By email - service@dialog.lk / genie@dialog.lk

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

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

22.4. By WhatsApp: +94 777 678 678

Signed by you in terms of the Electronic Transaction Act No:19 of 2006 as amended.

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.

2.1 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.

3.1 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.

4.1 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.

5.1 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.

6.1 DIALOG shall provide to the Merchant access to the GENIE system.

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.

8.1 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.

9.1 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.

10.1 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.

11.1 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.

12.1 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.

13.1 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.

14.1 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.

15.1 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.

16.1 This Agreement shall be governed and construed in accordance with the laws of Sri Lanka.

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.

18.1 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.

19.1 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.

20.1 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.

21.1 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.

22.1 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.

23.1 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.

24.1 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.

25.1 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.

26.1 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.

27.1 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.

28.1 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.

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)

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.

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

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.

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.

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)

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.

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.

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.

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.

You are expected to read and understand the respective Explanatory Memorandums Softlogic Equity Fund Softlogic Money Market Fund

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.

If you wish to nominate a beneficiary for your Units, please contact our call centre on +94 076076076and obtain instructions.

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.

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.

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.

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.

These Terms and Conditions form a legal agreement between Dialog Finance PLC bearing company registration number PB 765 PQ (‘the Company’) and each Customer (as hereinafter defined) and shall govern the use of the JustPay payment mechanism enabled through the Company to the Customer. The Customer understands, accepts and agrees as follows;

Definitions

I consent to debit my respective account for the purpose of making payments using the Services.

I understand that the Service provided herein is for my use only and that it shall not be used for any unauthorized or illegal purposes or used in any manner inconsistent with the Terms and Conditions agreed herein.

I understand that I should keep my Password confidential and that under no circumstances should my Password be disclosed or be made available to unauthorized parties, and hereby undertake to inform the Company immediately should the Password fall into the hands of such unauthorized persons.

I am aware that it is my responsibility to obtain and maintain any equipment that may be necessary for using the Services, in proper working condition and with adequate safeguards against malicious threats to such equipment or to the Mobile Application.

I agree and understand that to use the Services, I must obtain and maintain, at my expense, a supported Mobile Device with compatible hardware and software as specified by the Mobile Application from time to time and a suitable data service. I understand that the Company does not guarantee that my particular Mobile Device the corresponding operating system or data service will be compatible with the Mobile Application and the Company is not responsible for any third party software I may need to use the Mobile Application.

I agree and understand that the Services are designed to allow me to view my transacting activity, transfer money, pay bills, send money to individuals, vendors and/or institutions (which may or may not be customers of the Company), make purchases at merchants via the Mobile Application.

I understand that the Services are made available to me at the sole discretion of the Company.

I understand that it is my responsibility not to leave the Mobile Device unattended, not to run other programs while logged into Mobile Application, and to log out of the Service when the transactions are completed.

I undertake to inform the Company immediately about any errors, discrepancies and/or omissions with regard to transactions made by me on the Mobile Application using the Services

I understand that it is my responsibility to inform the Company immediately if my Registered Mobile Number is changed for any reason.

I do hereby agree and irrevocably hold the Company indemnified and harmless against any losses, charges, suites, claims, expenses and damages that the Company shall sustain, incur or suffer by reasons of my use of the Services in any manner whatsoever and for any loss and/or misdirection of data in transit electronically and by reasons of the Company generating and/or issuing and/or dispatching the original Password/s according to my requests and/or subsequent Password/s to me at my request and/or any substitution effected by me thereafter.

I agree and undertake to take full responsibility for all transactions done using my Registered Mobile Number.

I hereby understand that the Company reserves the right to vary the given Terms and Conditions at any time without prior notice.

I agree that in case of payments made for goods or services offered by third parties, the Company shall not and does not take responsibility or liability on the quality, on time delivery or the availability of goods or services such offered.

I agree and understand that I am responsible for,

• a. The Company reserves the right to terminate, modify, add and remove features from the Services at any time at the Company's sole discretion. I understand that the Company will notify me of any material change via any acceptable communication method including via Short Message Services (SMS).
• b. I agree and understand that the Company does not assume any responsibility pertaining to any technical difficulties or user experience or any resulting damages that I may incur with respect to the Mobile Application.
• c. For security reasons, the Company reserve the right to instruct the operator of the Mobile Application to change the specifications at any time without prior notice in order to comply with Minimum Compliance Standards.
• d. I agree and understand that the Company reserves the right to change, suspend or discontinue the Service, in whole or in part, or my use of the Services, in whole or in part, immediately and at any time without prior notice to me.

I agree and understand that I am responsible for,

• a. maintaining the confidentiality and security of my Mobile Device, and Access Information
• b. preventing unauthorized access to or use of the information, files or data that I store, transmit or use with the Mobile Application.
• c. all electronic communications, including image transmissions, email and other data entered using the Access Information. Any Communications received through the use of the Access Information will be deemed to be sent or authorized by me and to debit my account/as applicable, and
• d. immediately notifying the company if I become aware of any loss, theft or unauthorized use of any Access Information, including my Mobile Device.

Whereas the Company reserves the right to deny me/us access to the Services (or any part thereof) if the Company believe that any loss, theft or unauthorized use of Access Information has occurred.

• a. The Company reserve the right to impose limits on the transactions conducted using the Services and to modify such limits from time to time. I understand that the Company may reject my transaction in the event I attempt to perform any transaction in excess of such limits imposed.
• b. I agree that the Company reserve the right to impose fees on the transactions conducted by me using the Services and to modify such fees from time to time.
• c. I agree and understand that in the event I dispose of or change the Mobile Device, it is my responsibility to delete the Mobile Application and respective data contained therein to prevent unauthorized access to my information.
• d. The Terms and Conditions herein contained together with any amendments from time to time shall be binding upon me and my successors, heirs, executors, administrators or permitted assigns as the case may be.
• I agree and understand that the Services will be subjected to periodic scrutiny and may be withdrawn by the Company at its absolute discretion.

I agree and understand that this agreement shall be governed and construed in accordance with the laws of Sri Lanka.