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.
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.
17.3.1. 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 - email@example.com / firstname.lastname@example.org
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.