Terms & Conditions - FinPal
Please read these terms and conditions carefully.
By clicking on the “Continue” button, or otherwise using FinPal, you agree to these terms and conditions.
The following terms and conditions, and any amendments hereto (the "Agreement") is a legal agreement between you ("you" or "your") and Dialog Axiata PLC, its subsidiaries and its affiliates (collectively referred to as "Service Provider", "we", "us" or "our") for your use of the FinPal Mobile Application ("FinPal”).
1. FinPal Mobile Application
1.1. FinPal enables you to use your mobile device ("Mobile Device") to view your FinPal account (the "Service") and provides the services as detailed herein.
1.2. The primary function of FinPal is to act as a hub for mobile money and payment related services owned and operated by the Service Provider (individually “Product” and collectively “Products”) as detailed below:
- eZ Cash – enables you to link your eZ cash mobile wallet, top up and carry out a range of cash transactions direct from your mobile phone;
- Loans - 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 transactions;
- Cards – FinPal permits you to add your Visa/ Mastercard Debit/Credit cards and pay bills and merchants
1.3. The Service Provider shall at its sole discretion offer to you any other mobile money or payment related service offered by the Service Provider from time to time, other than those specified in these Terms and Conditions.
1.4. FinPal 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 FinPal account.
1.6. You agree to link all the Products with your FinPal account.
1.7. You permit the Service Provider to use your information with the Service Provider in order to better serve you.
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 FinPal account.
1.9. You understand that in order to use the Products through FinPal, you may be required to submit personal information (eg:- latest photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners etc.) in accordance with the know your customer protocols of each Product. You further agree that the provisions of Clause 5.3 hereof shall apply, in the event you fail to provide the required information or if you provide incorrect, fraudulent or fictitious information.
2. Your Agreement with Us
2.1. By downloading, accessing and logging into FinPal, you consent to have read, understood and accepted this Agreement. You will be bound by this Agreement which will continue to apply every time you use the Service.
2.2. By accessing, logging in and using the Products through FinPal, you further agree that you have read, understood and accepted the terms and conditions of the respective Products. The terms and conditions of each Product will continue to apply every time you use the respective Product through FinPal. The terms and conditions 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 of a Product, the Terms and Conditions of the respective Product shall prevail.
3. Registration and Operations
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 FinPal 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 FinPal 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 FinPal and/or the Products shall be decided solely by the Service Provider.
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 FinPal is not accessed by unauthorized persons through the Mobile Device.
3.8. The Service Provider shall not be liable and/or under any obligation to refund any monies lost by you.
3.9. The Service Provider shall not reverse or treat as unauthorized 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 the you.
4. Your Mobile Device
4.1. You are at all times responsible for the care and control of your Mobile Device including your user identification information and password ("Account Information"). You must take reasonable steps to safeguard and protect your Mobile Device and Account Information. Your responsibilities include, but are not limited to:
4.1.1. Determining whether you are capable of accessing the Internet on your Mobile Device. Your wireless carrier's standard data fees apply to FinPal;
4.1.2. Keeping possession of your Mobile Device;
4.1.3. Keeping a lock screen or passcode lock on your Mobile Device at all times;
4.1.4. Should you wish to keep a record of your Account Information, keep such information separate from your Mobile Device; and
4.1.5. Keeping your Account Information strictly confidential.
4.2. Anyone with access to your Mobile Device can view the Service. FinPal may sign you out of both FinPal and the Product after 120 seconds of inactivity.
4.3. If we upgrade, update or modify FinPal (the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use FinPal.
5. Your Information
5.1. The Service Provider is required to collect and update from time to time, the relevant profile information of its customers.
5.2. Accordingly, the Service Provider shall request you to provide appropriate information/and or documents (including latest photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners, etc.) to ensure that any changes/updates in your profile information are duly updated in the records of the Service Provider.
5.3. Failure to provide the above documents/ information within stipulated timelines or submission of wrong, incomplete or false documents/information sought may result in the account/s being closed/ blocked for transactions
5.4. The Service Provider reserves the right to share its databased/specific customer information with its parent company, any one of its subsidiaries and/or holding companies in order to provide an integrated service to the you and/or for the purpose of recovering any outstanding and/or to any Government authority in relation to any investigation or for the purpose of any criminal proceedings
6. Limitation of Liability
6.1. WE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE FINPAL OR A PRODUCT, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE.
6.2. 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 FINPAL.
6.3. YOU ACKNOWLEDGE THAT THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN USING (A) ANY SOFTWARE, HARDWARE, OR APPLICATIONS FROM A THIRD PARTY THAT THE SERVICE PROVIDER MAY MAKE AVAILABLE TO YOU AND/OR (B) ANY COMMUNICATIONS NETWORKS, EITHER PRIVATE, PUBLIC OR OTHERWISE OPERATED BY A THIRD PARTY, IN EACH CASE IN CONNECTION WITH THE ONLINE AND MOBILE SERVICES.
6.4. THE AFORESAID INDEMNITIES SHALL CONTINUE NOTWITHSTANDING THE TERMINATION OF THE SERVICE AND/OR THE CONTRACT BETWEEN YOU AND THE SERVICE PROVIDER.
7. Ownership and Proprietary Rights
7.1. You acknowledge that the FinPal 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.
7.2. 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.
7.3. Any permission given by the Service Provider to access FinPal in any way whatsoever will not convey any proprietary or ownership rights in such software to you.
7.4. Unless otherwise specified, FinPal Information may not be copied, displayed, modified, adapted, communicated or republished in any form without advance express written consent. You only have the right to use FinPal for personal and non-commercial purposes. All rights not expressly granted are hereby reserved. All other company and product names and logos are trademarks or registered trademarks of the Service Provider.
8. Conditions constituting the Agreement and Changes thereto
8.1. By inserting the relevant information in FinPal, you shall be deemed to have read, understood and agreed to be bound by these Conditions upon acknowledging their receipt as availed in the FinPal process.
8.2. You further confirm that you have considered the charges and interest (if any) levied by the Service Provider.
8.3. We may add or change the provisions of this Agreement at any time. We will notify you of any additions or changes to this Agreement by posting the notice on FinPal 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 is amended, and you accept the changes as of the effective date of the Notice. If you do not agree with the Agreement, as amended, you shall discontinue using FinPal. Do not use FinPal if you do not agree to the Agreement, as amended, or otherwise. You may review the most current version of the Agreement at any time on FinPal. By continuing to use FinPal after the Service Provider posts the Notice, you agree to and accept the new or revised terms and conditions provided under this Agreement, as amended.
9. Lost or Stolen Mobile Device and Unauthorized Access to Your User Information
9.1. 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 unauthorized use or security breach has occurred. Not providing notification immediately may result in unauthorized access to your Account Information and/or other personal information and unauthorized transactions being conducted through your FinPal account.
10. Disposing of Your Mobile Device
10.1. Before you sell, give away, or dispose of your Mobile Device, you must delete FinPal because unless you do, it may be used to obtain your Account Information and/or other personal information to conduct unauthorized transactions through your FinPal account.
11. Prohibited Actions
11.1. You shall not:
11.1.1. Use FinPal for purposes other than to access the Services and carry out transactions as permitted on each Product.
11.1.2. Impersonate any person or entity, access other customer’s user accounts without their express permission or perform any other fraudulent activity against any other customer(s).
11.1.3. Use FinPal, 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.
11.1.4. Use any automatic device or manual process to monitor or copy FinPal and information without the prior consent and permission from the Service Provider.
11.1.5. Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.
11.1.6. Refuse to co-operate in an investigation.
11.1.7. Remove, circumvent, disable, damage or otherwise interfere with security related features of FinPal.
12.1. Do not respond to text messages, emails or other internet requests that ask you to reveal personal information about yourself or your Account Information. We will never send you unsolicited messages asking for your password, account numbers, etc. We will never ask you to validate or restore the Service through unsolicited messages.
12.2. You must review your Account Information and report any errors in a timely manner.
13. Online Data Management
13.1. FinPal Account will collect your personal data, including, but not limited to, your name, address, mobile phone number, device name, and other information arising from your use of FinPal, including account statements and loan documents (collectively referred to as "Mobile Data").
14. Limited License
14.1. You are granted a limited, revocable, non-transferable, non-exclusive license to use FinPal on a Mobile Device that you control. The Service Provider can terminate this license at any time and with or without any reason. FinPal is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense FinPal. You agree that the Service Provider retains all rights, title and interest in and to FinPal 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 FinPal or any part of it. You may not use FinPal 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 or your wireless services carrier) relating to your use of FinPal.
14.2. 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 FinPal and/or Product/s.
15. Consent and Confirmation
15.1. The Service Provider reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Service should circumstances out of Service Provider's control corrupt or affect the administration, security and conduct of the Service.
15.2. You hereby irrevocably authorize the Service Provider:
15.2.1. To connect your existing Ez Cash wallets, Loan accounts, Savings/Investments accounts and/or Visa/Mastercard credit/debit card information to your FinPal account;
15.2.2. As and when required in accordance with the applicable law, including but not limited to, disclosures for purposes of credit review of any user account and/or any information relating to you to;
i. its parent company, subsidiaries, branches and/or affiliates.
ii. Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.
iii. Maintainers or servicers of the Service Provider.
iv. Any regulatory and/or government body.
v. Any other person with whom the Service Provider contracts or proposes to contract with regard to offering services.
vi. Any person employed with or engaged as an agent by the Service Provider.
15.3. You irrevocably confirm that the:
15.3.1. Information provided hereunder is true and accurate and is your personal information and not any other third individual (fictitious or otherwise).
15.3.2. Mobile number provided for the purpose of FinPal is registered under your name and that you are the actual user of the mobile number.
16.1. 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.
16.2. You shall, after withdrawal, discontinue use of any and all parts of FinPal.
16.3. 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.
16.4. 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.
16.5. The Service Provider shall however endeavor to give reasonable notice for suspension or termination of the Services, Product/s or part thereof.
17. Force Majeure
17.1. 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.
17.2. 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.
18. Governing Law and Jurisdiction
18.1. This Agreement shall be governed by the Laws of Sri Lanka.
18.2. Any legal action or proceedings arising out of this Agreement shall be brought in the relevant courts or tribunals in Colombo, Sri Lanka.
Signed by you in terms of the Electronic Transaction Act No:19 of 2006 as amended.