Lesi Pay Terms & Conditions

Please read these terms and conditions carefully.

By clicking on the “I agree to the Terms & Conditions and Dialog Privacy policy” checkbox , you agree to be bound by these terms and conditions.

The following terms and conditions, and any amendments hereto (the "Agreement") is a legal agreement between you ("you" or "your") and Telecard (Private) Limited (bearing Company No. PV 21669) (a fully owned subsidiary of Dialog Broadband Networks (Private) Limited (bearing Company No. PV 261), which in turn is a fully owned subsidiary of Dialog Axiata PLC (bearing Company No. PQ 38)) its holding company, parent company, subsidiaries and affiliates (collectively referred to as "Service Provider/the Company", "we", "us" or "our") for your use of Lesi Pay ("LesiPay”) via the Finpal Mobile Application (Finpal).

Part I – ‘Lesi Pay’ General Terms and Conditions

1. You understand that Lesi Pay is a facility where the Service Provider provides you a loan to finance the purchase of a device from either Dialog Axiata PLC and or any its direct or indirect subsidiaries (“Dialog Group”) or any other device providing entities that have partnered with the Dialog Group provided you have successfully completed the Know Your Customer (KYC) process (hereinafter referred to as “the Lesi Pay Facility”). All details pertaining to the Lesi Pay Facility shall be contained in and facilitated via Finpal.
2. You understand that a processing fee shall be payable for every successful application and this amount shall be displayed in the Lesi Pay product page in the Finpal Mobile Application prior to submission of the Lesi Pay application. It is also understood that this processing fee will be added to the first instalment payable to the Company by the Borrower.
3. Lesi Pay Product Page in the Finpal Mobile Application
   • 3.1 The functions of Lesi Pay include, but are not limited to:
     • i. Applying for the Lesi Pay Facility from time to time;
     • ii. Viewing your Lesi Pay Loan Agreement (the terms of which are morefully set out below);
     • iii. Viewing the details of the device purchased through Lesi Pay;
     • iv. Requesting a new loan ("re-loan" request);
     • v. Executing a new Loan Agreement;
     • vi. Viewing your current loan status;
     • vii. Viewing your loan history;
     • viii. Viewing your current payment schedule;
     • ix. Viewing your transaction history; and
     • x. Viewing your Profile.
     • xi. Viewing your loan tenure
     • xii. Repayment of your loan facility
     • xiii. Notifications related to your loan correspondence
   • 3.2 Lesi Pay which is a feature/product within Finpal (which can be downloaded to your Mobile Device) and used at no additional charge to you.
   • 3.3 You permit the Service Provider to use your information with the Service Provider, in accordance with the Dialog Privacy Policy in order to better serve you.
   • 3.4 You permit the Service Provider to check your Lesi Pay loan balance and display the same in your Lesi Pay account.
4. The Service Provider shall at its sole discretion offer to you the Lesi Pay Facility or any other loan offered by the Service Provider from time to time.
5. You are fully aware and understand that due to a possible shortage of / unavailability of devices at Dialog outlets, there may be changes to the device that has been selected by you notwithstanding the device and loan amount being approved by us. You shall select and accept a different device and your consent will be verified and recorded via an OTP.
6. Registration and Operations
   • 6.1 All registrations shall be done in your name and mobile phone numbers registered under your National Identity Card Number and shall be operated singly by you.
   • 6.2 You shall maintain an active mobile phone number with a mobile phone.
   • 6.3 You shall not at any one point delete or disable the customer account as long as an active loan is still existing and running.
   • 6.4 The rate of service charge earned and accruing on the products shall be decided solely by the Service Provider.
   • 6.5 You agree and undertake to be responsible for keying in the correct log in credential details, your Mobile phone number and the loan amount requested, and the Service Provider shall not in any way be liable for any erroneous transactions incurred.
   • 6.6 You further undertake to exercise a duty of care to ensure Finpal and/or Lesi Pay is not accessed by unauthorized persons through the Mobile Device.
   • 6.7 The Service Provider shall not be liable and/or under any obligation to refund any monies lost by you.
   • 6.8 The Service Provider shall not reverse or treat as unauthorized any transaction and/or loan request that contain errors occasioned by you.
   • 6.9 You may not assign or otherwise dispose of any of the Account holder‘s rights and obligations under this Agreement. The Service Provider may transfer or assign its rights and obligations under these conditions and such transfer or assignment shall be effective upon notification of the same to you.
7. Your Mobile Device
   • 7.1. You are at all times responsible for the care and control of your Mobile Device including your user identification information and password ("Account Information"). You must take reasonable steps to safeguard and protect your Mobile Device and Account Information. Your responsibilities include, but are not limited to:
     • 7.1.1. Determining whether you are capable of accessing the Internet on your Mobile Device. Your wireless carrier's standard data fees apply to Lesi Pay;
     • 7.1.2. Keeping possession of your Mobile Device;
     • 7.1.3. Keeping a lock screen or passcode lock on your Mobile Device at all times;
     • 7.1.4. Should you wish to keep a record of your Account Information, keep such information separate from your Mobile Device; and
     • 7.1.5. Keeping your Account Information strictly confidential.
   • 7.2. Anyone with access to your Mobile Device can view the Service. Finpal may sign you out of the Service after 30 minutes of inactivity.
   • 7.3. If we upgrade, update or modify Lesi Pay (the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the Service.
   • 7.4. You are not permitted to sell the device purchased through the Lesi Pay Facility until the loan has been settled. You shall indemnify the Company and its holding and ultimate Parent Company in the event any claims are made by a third party who claims to be a bona fide purchaser of the device.
8. Your Personal Data
   • 8.1 The Service Provider is required to process the relevant Personal Data of its customers in accordance with the Dialog Privacy Policy.
   • 8.2 By logging on to Lesi Pay, you hereby agree to the Service Provider's processing of your Personal Data and acknowledge that you have read and accepted Dialog’s Privacy Policy.
   • 8.3 The Service Provider shall need to process the appropriate Personal Data/and or documents (including, but not limited to, your full name, email address, mobile phone number, National Identity Card number, device details, profile picture, bank account number, latest photograph/s, identity proof, address proof, profile details of account holder/s, authorized signatories, mandate holders, beneficial owners, and other information arising from your use of Lesi Pay, including account statements and loan documents, etc.) to provide you this service and ensure that any changes/updates in your profile information are duly updated in the records of the Service Provider.
   • 8.4 If you do not provide the Personal Data requested, the Service Provider may not be able to provide you the services.
   • 8.5 Failure to provide the above documents/Personal Data within stipulated timelines or submission of wrong, incomplete or false documents/Personal Data sought may result in the account/s being closed/ blocked for transactions.
   • 8.6 The Service Provider reserves the right to share its database/specific customer Personal Data with its parent company, any one of its subsidiaries and/or holding companies in order to provide an integrated service to you and/or for the purpose of recovering any outstanding amount due and/or to any Government authority in relation to any investigation or for the purpose of any criminal proceedings and/or to any third party to provide you with the service you wish to obtain. Such disclosure will be governed by the Dialog Privacy Policy.
   • 8.7 If you disclose any Personal Data relating to other people to the Service Provider in connection with Lesi Pay, you represent that you have the authority to do so and to permit the Service Provider to use the Personal Data in accordance with the Dialog Privacy Policy.
   • 8.8 In the event of discrepancy between this Clause and the Dialog Privacy Policy, the Dialog Privacy Policy shall prevail to the extent of such discrepancy.
9. Limitation of Liability
   • 9.1. WE WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE LESI PAY, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE.
   • 9.2. THE FOREGOING DISCLAIMER SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION WHATSOEVER, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE LESI PAY.
   • 9.3. YOU ACKNOWLEDGE THAT THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN USING (A) ANY SOFTWARE, HARDWARE, OR APPLICATIONS FROM A THIRD PARTY THAT THE SERVICE PROVIDER MAY MAKE AVAILABLE TO YOU AND/OR (B) ANY COMMUNICATIONS NETWORKS, EITHER PRIVATE, PUBLIC OR OTHERWISE OPERATED BY A THIRD PARTY, IN EACH CASE IN CONNECTION WITH THE ONLINE AND MOBILE SERVICES.
   • 9.4. WE RESERVE THE RIGHT TO REFUSE TO GRANT LESI PAY TO YOU FOR ANY REASON WHATSOEVER. THE SERVICE PROVIDERS DECISION SHALL BE FINAL AT ALL TIMES.
   • 9.5. THE AFORESAID INDEMNITIES SHALL CONTINUE NOTWITHSTANDING THE TERMINATION OF THE SERVICE AND/OR THE CONTRACT BETWEEN YOU AND THE SERVICE PROVIDER.
10. Ownership and Proprietary Rights
    • 10.1 You acknowledge that the Lesi Pay software underlying the Services as well as other software which are required for operating and accessing the Services are the legal property of the Service Provider.
    • 10.2 The visual interfaces, graphics, designs, compilation, information, computer codes, software services and all other elements provided by the Service Provider are protected by copyright, designs, patent and trademark laws.
    • 10.3 Any permission given by the Service Provider to access Lesi Pay in any way whatsoever will not convey any proprietary or ownership rights in such software to you.
    • 10.4 Unless otherwise specified, Lesi Pay Information may not be copied, displayed, modified, adapted, communicated or republished in any form without advance express written consent. You only have the right to use Lesi Pay for personal and non-commercial purposes. All rights not expressly granted are hereby reserved. All other company and product names and logos are trademarks or registered trademarks of the Service Provider.
11. Conditions constituting the Agreement and Changes thereto
    • 11.1 By inserting the relevant information in Lesi Pay and clicking on the “By proceeding I agree to the above T&C, Privacy Policy” button you shall be bound by these Conditions upon acknowledging their receipt as availed in the Lesi Pay process.
    • 11.2 You further confirm that you have considered the charges and interest levied by the Service Provider.
    • 11.3 We may add or change the provisions of this Agreement at any time. We will notify you of any additions or changes to this Agreement by posting a notice on Lesi Pay or we may choose to send you notice of those additions or changes by other means (the "Notice"). Once we provide you with the Notice, this Agreement is amended you are deemed to have accepted the changes as of the effective date of the Notice. If you do not agree with the Agreement, as amended, you shall discontinue using Lesi Pay. Do not use Lesi Pay if you do not agree to this Agreement, as amended, or otherwise. You may view the most current version of this Agreement at any time at Lesi Pay. By continuing to use Lesi Pay after the Service Provider posts the Notice, you agree to and accept the new or revised terms and conditions provided under this Agreement, as amended.
12. Lost or Stolen Mobile Device and Unauthorized Access to Your User Information
    • 12.1 You should immediately notify the Service Provider if you suspect your Mobile Device is lost or stolen, you suspect your Account Information has become known to another person or that any other unauthorized use or security breach has occurred. Not providing notification immediately may result in unauthorized access to your Account Information and/or other personal information and unauthorized transactions being conducted through your Lesi Pay account.
13. Disposing of Your Mobile Device after the settlement of the Lesi Pay Facility
    • 13.1 Before you sell, give away, or dispose of your Mobile Device, you must delete Finpal because unless you do, it may be used to obtain your Account Information and/or other personal information to conduct unauthorized transactions through your Finpal account.
14. Prohibited Actions
    • 14.1 You shall not:
      • 14.1.1 Use Lesi Pay for purposes other than to request for, Check Status, receive and repay loans advanced to you by the Service Provider and check loan status.
      • 14.1.2 Impersonate any person or entity, access other customer’s user accounts without their express permission or perform any other fraudulent activity against any other Customer(s).
      • 14.1.3 Use Lesi Pay and its services or request for a loan for any illegal purpose or in violation of any local legislation or international law including but not limited to any laws governing intellectual property, data protection, money laundering, terrorist financing, illegal gambling activities, terrorism and tax laws.
      • 14.1.4 Use any automatic device or manual process to monitor or copy Lesi Pay and information without the prior consent and permission from the Service Provider.
      • 14.1.5 Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.
      • 14.1.6 Refuse to co-operate in an investigation.
      • 14.1.7 Remove, circumvent, disable, damage or otherwise interfere with security related features of Lesi Pay.
15. Information Security
    • 15.1 Do not respond to text messages, emails or other internet requests that ask you to reveal personal information about yourself or your Account Information. We will never send you unsolicited messages asking for your password, account numbers, etc. We will never ask you to validate or restore your Service through unsolicited messages.
    • 15.2 You must review your Account Information and report any errors in a timely manner.
16. Limited License
    • 16.1 You are granted a limited, revocable, non-transferable, non-exclusive license to use Lesi Pay on a Mobile Device that you control. The Service Provider can terminate this license at any time and with or without any reason. Lesi Pay is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense Lesi Pay. You agree that the Service Provider retains all rights, title and interest in and to Lesi Pay including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Lesi Pay or any part of it. You may not use Lesi Pay for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by the Service Provider upon notice to you.
    • 16.2 The Service Provider may suspend or terminate the Service at any time without notice to you should you fail to adhere to this Agreement, or other terms and conditions governing your use of Lesi Pay, Finpal and/or other products.
17. Consent and Confirmation
    • 17.1 The Service Provider reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Service should circumstances out of the Service Provider's control corrupt or affect the administration, security and conduct of the Service.
    • 17.2 You hereby irrevocably authorize the Service Provider:
      • 17.2.1 As and when required in accordance with the applicable law and in accordance with the Dialog Privacy Policy, including but not limited to, disclosures for purposes of credit review of any user account any information relating to you to;
        i. The holding company, parent company, its subsidiaries, branches and/or affiliates.
        ii. Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.
        iii. Maintainers or servicers of the Service Provider.
        iv. Any regulatory and/or government body.
        v. Any other person with whom the Service Provider contracts or proposes to contract with regard to offering services.
        vi. Any person employed with or engaged as an agent by the Service Provider.
    • 17.3 You irrevocably confirm that the:
      • 17.3.1 Information provided hereunder is true and accurate and is your personal information and not any other third individual (fictitious or otherwise).
      • 17.3.2 Mobile number provided for the purpose of this Service is registered under your name and that you are the actual user of the mobile number.
18. TERMINATION
    • 18.1 You shall be at liberty to withdraw from receiving and enjoying the Services anytime but subject to paying up all existing loans and interest accrued to therein to the Service Provider.
    • 18.2 You shall, after withdrawal, discontinue use of any and all parts of Lesi Pay.
    • 18.3 The Service Provider may, without prior notice to you, suspend the Services at any time during which any maintenance work or repair is required to be carried out or in case of any emergency or for security reasons.
    • 18.4 The Service Provider may, at its discretion, withdraw temporarily or terminate the services wholly or in part, at any time without giving prior notice to you.
    • 18.5 The Service Provider shall however endeavor to give reasonable notice for suspension and/or termination of the services.
19. FORCE MAJEURE
    • 19.1 The Service Provider shall not be liable for any failure to perform any of its obligations under this Agreement if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for as long as the Force Majeure event continues.
    • 19.2 For the purpose of this clause “Force Majeure” shall mean and include but not be limited to governmental decision, war whether declared or not, hostilities, act of the public enemy, civil commotion sabotage, fire, typhoons, flood or any natural disasters, explosion, epidemics, pandemics quarantine restrictions, disturbance in supplies from normally reliable sources (including but not limited to electricity, water, fuel) strike and lockout or any other event beyond the reasonable control of the Party concerned.
20. Governing Law and Jurisdiction
    • 20.1 This Agreement shall be governed by the Laws of Sri Lanka.
    • 20.2 The Parties hereby agree that any legal action or proceedings arising out of this Agreement shall be brought in the relevant courts or tribunals in Colombo, Sri Lanka.

Part II – Lesi Pay Loan Terms and Conditions

1. LESI PAY LOAN
   • Upon successful completion of ‘Know Your Customer’ (KYC) process by the Company, the Company through either Dialog Axiata PLC and or any its direct or indirect subsidiaries (“Dialog Group”) or any other device providing entities that have partnered with the Dialog Group shall issue a device (“the Purchased Device”) to you (“the Borrower”) upon payment by the Borrower an advance/down payment. The remaining amount due on the device shall be extended by way of a loan/facility by the Company and the Borrower shall settle such loan/facility in installments. This facility/loan shall hereinafter be referred to the “Lesi Pay Loan”. The details of the device, the amount of the down payment made by the Borrower, the total loan, the tenure of the loan, number of installments and all other connected information shall be morefully set out in Lesi Pay product page in the Finpal Application.
2. DISBURSEMENT OF LOAN
   • 2.1 The Company shall grant the Lesi Pay Loan together with interest and the Borrower shall repay the Lesi Pay Loan within the tenure set out in Lesi Pay product page in the Finpal Mobile Application and in the event of a default of payments, an additional interest per annum as penalty interest shall be charged until the payment is made in full.
   • 2.2 Notwithstanding any arrangement or writing to the contrary between the Parties, the Borrower hereby expressly agrees that the loan amount together with all other charges as described in Clause 3 (PAYMENTS) shall be repayable on demand to the Company and all arrangements or indulgences or permitted to Borrower to repay by installments shall be subject to the principal obligation of repayment on demand.
   • 2.3 The Borrower also agrees that any statement extract in writing or other document showing the monies owing hereunder by the Borrower to the Company and made out of the Company books or document and signed and certified by any authorized officers shall be deemed sufficient at Law, and conclusive proof against the Borrower, of the contents thereof without any other documents or vouchers to support the same and the same shall further be deemed to be conclusive proof against the Borrower of the fact that the amount set out therein are due by the Borrower.
3. PAYMENTS
   • 3.1 The Borrower shall pay the charges that shall be debited to the Borrower’s facility account in connection with serving of this loan by the Company and payments made at any Branch of the Company or Dialog Axiata PLC (Agent) Arcade/ Branch or appointed Agent or any other new payment mechanism as notified by the Company in the Finpal Mobile Application shall be deemed to have been to the principal business place of the Company.
4. DEVICE BLOCKING FEATURE AND SECURITY
   • 4.1 The Borrower agrees that the Purchased Device shall be deemed as Security for the Lesi Pay Loan and the Borrower shall not sell or transfer the Purchased Device until the Lesi Pay Loan has been settled in full.
   • 4.2 The Borrower acknowledges and accepts that the Purchased Device contains a device blocking feature (“Device Blocking Feature”) which can be enabled/utilized by the Company and/or Dialog Axiata PLC (being the ultimate parent company of the Company) for the purpose of the Lesi Pay Loan and the functions of the Device Blocking Feature are as follows:
     • 4.2.1 Enrollment notifications:
       A message will be displayed on the end user device to communicate initial enrollment and SIM card change events. This message will be displayed on each device reboot and SIM card changes.
     • 4.2.2 Overdue notifications:
       Where loan payments are overdue, notifications as payment reminders shall be sent to the Purchased Device.
     • 4.2.3 Blink Reminders:
       When an overdue payment notification fails to result in a prompt payment, a periodic blinking payment reminder will be sent to the Purchased Device as an escalated payment reminder.
     • 4.2.4 Lock devices:
       Where loan payments are overdue, the Purchased Device can be locked until the Company receives payment from the Borrower.
     • 4.2.5 Offline device locks:
       There shall be an offline device lock that automatically locks a device when offline for a considerable period of time. This can occur when the Borrower does not connect to the network as a means of evading payment, and the device cannot be tracked since it is no longer receiving updates from the server.
     • 4.2.6 SIM Control:
       SIM cards can be configured to restrict some functionality and/or lock the device if required.
5. COVENANTS
   • 5.1 The Borrower hereby agrees to abide by the following-
     • 5.1.1. The Borrower agrees that the Company shall have absolute discretion to appropriate any payment received from Borrower:
     • 5.1.2 first towards settlement in respect of overdue Interest (if any) and Government Levies, costs including legal fees etc. incurred by the Company on account of this Lesi Pay Loan and the balance, if any, towards the said principal amount.
     • 5.1.3 against this Agreement, in respect of dues under other agreements with the Company under which the Borrower has taken on this Lesi Pay Loan.
   • 5.2 The Borrower shall immediately inform the Company in the event of the occurrence of the following events and shall if required by the Company settle in full the outstanding Lesi Pay Loan amount which shall be payable by the Borrower to the Company:
     • 5.2.1 Any material change is expected or experienced in his/her financial condition.
     • 5.2.2 Particulars of any litigation which may tend to affect the his/her financial capacity and in which the Borrower may be involved.
     • 5.2.3 Termination or resignation or a similar event in connection with his/her employment
   • 5.3 The Company is hereby irrevocably authorized by the Borrower without notice to the Borrower:
     • 5.3.1 to combine the account of this Lesi Pay Loan with all or any of the Borrower’s other accounts or deposits (term or demand); and
     • 5.3.2 to transfer and appropriate all monies lying to the Borrower’s credit with and such unfettered right and shall be exercised by dishonoring or refusing payments demands or withdrawals or other like documents drawn by the Borrower on any officer of on or before the date of the exercise of such right or authority or even to the extent of closing any account in the Borrower name and the Borrower hereby undertakes to indemnify the Company against all claims or demands that may be on the Company consequent in such action of the Borrower.
   • 5.4 The production in any court of Law or before any Tribunal or body or statutory officer of any statement, extract, writing or other documents showing monies owing by the Borrower as a result of the Company granting this Lesi Pay Loan and made out of the books or documents of the Company and signed and certified by the Manager or Accountant of shall be deemed to be conclusive proof of the amounts of the Borrower’s liability to the Company without any further documents or vouchers being produced by the Company.
   • 5.5 The monies due by the Borrower to the Company in respect of this Lesi Pay Loan and interest thereon shall be recoverable from the Borrower notwithstanding the prescription Ordinance (cap 68) and the Borrower shall not raise the prescription Ordinance (cap 68) as a bar to the Company suing the Borrower for the recovery of the said monies.
   • 5.6 All representations and statements made above and elsewhere and otherwise to the Company or any of its officers or its agents, by the Borrower or his/her agents, employees or officers, in writing or otherwise on the Borrower on behalf of purporting to be on the Borrower’s behalf are hereby warranted true and correct and intended to be acted upon by the Company and shall form the basis of the contract resulting from recovery of the said monies.
   • 5.7 The Borrower agrees that in the event of default by the Borrower, the Company shall instruct Dialog Axiata PLC to attend to the recovery of outstanding amounts and the Borrower agrees to pay all costs of such collection.
   • 5.8 This Agreement shall be prima facie evidence of the amount owing by the Borrower to the Company.
   • 5.9 The Borrower shall not be entitled to a rebate in the event of an early settlement of the Lesi Pay Loan.
   • 5.10 The Borrower shall not transfer ownership and/or vary its profile details of the registered mobile number until the Lesi Pay Loan is settled in full.
   • 5.11 The Company hereby reserves the right to instruct Dialog Axiata PLC to block the transfer of ownership of the registered mobile number until the Lesi Pay Loan is settled in full. In the event of a default, the Company also hereby reserves the right to instruct Dialog Axiata PLC to block and/or disconnect any other mobile connection registered under the National Identity Card Number of the Borrower.
   • 5.12 In the event of a default, the Company hereby reserves the right to instruct Dialog Axiata PLC to disconnect any other connection (such as Television and Broadband connections) registered under the National Identity Card Number of the Borrower until the Lesi Pay Loan is settled in full.
   • 5.13 The Company reserves the right to share its’ database/specific customer information with any one of its subsidiaries and/or holding companies in order to provide an integrated service to the customer and/or for the purpose of recovering any outstanding and/or any Government authority with any criminal investigation or for the purpose of any criminal proceedings.
   • 5.14 The Company hereby reserves the right to transfer/assign the Lesi Pay Loan to any other legal entity with notice to the Borrower. Such transfer/assignment of the Lesi Pay Loan shall in no way affect the validly of this Loan Agreement.
   • 5.15 In the event the ‘Number Portability’ feature is introduced and if the Borrower intends utilizing the said feature at such point in time, the Borrower agrees that prior to exiting the Dialog Network the Borrower shall first settle the Lesi Pay Loan in full.
6. MATERIAL BREACH/EVENT OF DEFAULT
   This Agreement shall be deemed to have been breached in the event that:
   • 6.1 The Borrower fails to pay the amount on the due date and fails to pay the total amount due with interest on demand at Colombo.
   • 6.2 If the Borrower fails and/or neglects to adhere by any terms or condition of this Agreement.
7. CONSEQUENCE OR BREACH/DEFAULT
   • 7.1 In the event of the occurrence of any act of MATERIAL BREACH (Clause 6) hereof, the Company reserves the right to terminate this Agreement and shall exercise the Device Blocking Feature as morefully set out in Clause 4 hereof. Termination of this Agreement shall be without prejudice to the respective rights and obligations accrued under this Agreement prior to such termination.
   • 7.2 The Company reserves the right to disconnect the network in the event of a breach or default of the terms and conditions set out herein.
   • 7.3 In the event of any unsettled outstanding on the facility, the Company reserves the right to instruct Dialog Axiata PLC to block the Borrower availing his/herself of any new products or services.
   • 7.4 The Borrower shall return the device and, in the event, that the Borrower fails to return the device upon such notice received by the Company, the Company reserves the right to make necessary arrangements to collect the device from the Borrower. For the purpose of this clause, the sole responsibility of deleting all personal data and content from the device shall be with the Borrower whereas the Company shall not be liable for any exposure of such personal data and content to any third party due to the failure of the Borrower in meeting his obligations hereunder.
   • 7.5 Upon termination of COVENANTS (clause 5), PAYMENT (clause 3), EXCLUSIVE JURISDICTION (clause 10) shall survive the termination of the Agreement.
8. WAIVER AND VARIATION
   • 8.1 Any delay, failure or omission by either party in enforcing exercising or pursuing any right power or privilege claim or remedy set out hereunder or any breach by either party of its obligations hereunder shall not be deemed to be construed as a waiver thereof or of any such right power privilege claim or remedy or operate so as to bar the enforcement or exercise thereof or of any other such right, power, privilege, claim or remedy in any other instance at any time or times thereafter.
   • 8.2 The terms and conditions of this Agreement may be amended or varied from time to time.
9. SEVERABILITY / ILLEGALITY
   • If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected.
10. EXCLUSIVE JURISDICTION
    • This Agreement shall be governed and construed in all respects in accordance with the Law of Sri Lanka and the Court of jurisdiction shall be Colombo.
11. NOTICES
    • 11.1 All notices, requests, demands or other communications under this Agreement may be made by the Company and/or their ultimate parent company (Dialog Axiata PLC):
      • 11.1.1 under the hand of its Secretary, Manager, Accountant, Legal officer or by any person or firm for the time being acting as Lawyer or Lawyers for the Company by a letter addressed to the “Borrower” and sent by post or delivered to the address herein before stated
      • 11.1.2 Via short messages services (SMS), WhatsApp/Viber message, via -Finpal Mobile Application and/or the Device Blocking Feature in the Purchased Device.
    • 11.2 Notice of Demand so given or made shall be deemed to be given or made or received on the day it was so delivered or the day following that on which it is posted as the case may be.
    • 11.3 All reminders shall be sent by SMS , WhatAapp/Viber message (to the mobile telephone number), via -Finpal Mobile Application and/or the Device Blocking Feature in the Purchased Device or Electronic mail provided by the Borrower and the Borrower hereby agrees and acknowledged that the said messages being electronic messages shall be deemed to be legally binding reminders.
    • 11.4 It is further agreed that all payments shall be receipted / acknowledged (electronically or otherwise) whether the payments are treated as payments/damages/statutory payments/service charges.
12. INDEMNITY
    • THE BORROWER AGREES AND UNDERTAKES TO HOLD THE COMPANY AND ITS HOLDING COMPANIES INCLUDING THE ULTIMATE PARENT COMPANY (I.E. DIALOG AXIATA PLC) THEIR SUCCESSORS AND ASSIGNS INDEMNIFIED AND SAVED HARMLESS FROM AND AGAINST ALL LOSSES COSTS DAMAGES AND EXPENSES ANY LIABILITY AND/OR DETRIMENT OF WHATSOEVER KIND OR NATURE CONSEQUENT TO LESI PAY AND IN PARTICULAR THE USE OF THE DEVICE BLOCKING FEATURE AS MOREFULLY SET OUT IN CLAUSE 4 HEREOF.
13. Your Agreement with Us
    • 13.1 By downloading, accessing and logging into Lesi Pay, and by clicking on the “By proceeding I agree to the above T&C, Privacy Policy” button, you consent to have read, understood and accepted the Agreement. You will be bound by this Agreement which will continue to apply every time you use the Service.
    • 13.2 In the event the KYC process is unsuccessful or if your application for Lesi Pay is rejected for any reason whatsoever, you will not be bound by any of the terms set out herein.

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