OUR TERMS AND CONDITIONS
Please read the terms and conditions of this User Agreement carefully. This agreement constitutes a legally binding and enforceable agreement between you and Smartlankaonline.net, a limited liability Company duly incorporated and existing under the laws of Sri Lanka. This Agreement governs the terms and conditions subject to which you may use the Smart Lanka Online Services provided by SMART LANKA ASSOCIATE ONLINE SOLUTIONS (PVT) LTD. (Reg – PV00250732)
The terms and conditions contained herein may be amended from time to time with or without notice to you. Whenever this User Agreement is amended, the revised version of the User Agreement will be posted on our Application and when you click on the ‘Terms & Conditions’ link you will be directed to such revised version of the User Agreement. You should therefore read this User Agreement periodically so as to keep yourself updated with the terms and conditions applicable to the Smart Lanka Online services in force at any given time. Your acceptance of the terms and conditions includes acceptance of any amendments to such terms and conditions done from time to time. In the event we incorporate a substantial change in the User Agreement,
Notice of same shall be posted on our Application and Website at least 30 days or reasonable time prior to the change taking effect.
- THE SERVICES, ELIGIBILITY, INFORMATION, FEES AND SECURITY
1.1 The Smart Lanka Online Services
Smart Lanka Online is an online recharge service operating on a web and mobile application platform that allows you the User to, inter alia, make payments to merchants and institutions registered with Smart Lanka Online. It is your responsibility to ensure that you comply with all laws, regulations and rules applicable to you that govern or regulate the transactions entered into by you through Smart Lanka Online. We do not have any control over, and are not responsible or liable for, the products or services that are paid for through Smart Lanka Online Services. While we will ensure that any payment you make using the Smart Lanka Online services will, subject to the terms and conditions applicable, go through and/or be duly remitted to the relevant Payee, we cannot ensure that such Payee will perform any obligation or do any act related or pursuant to such payment. For example, where you use the Smart Lanka Online Services to pay for a utility that has been disconnected, we will ensure that the payment is remitted to the service provider but we cannot ensure that the service provider will reconnect the relevant utility service.
1.2 Eligibility. To be eligible to use the Smart Lanka Online Services, you must be at least 18 years old.
1.3 Information. In order to open and maintain an Account, you must provide us with correct and up-to-date Information. You will be required to provide this Information at the time you register with us as deemed necessary and can change from time to time.
1.4 When you first register for a Smart Lanka Online account, and when you use the Smart Lanka Online Services, we collect some Personal Information about you such as:
The geographic area where you use your Smart Lanka Online Account
Your full name, username, and email address and other contact details
A unique user ID (an alphanumeric string) which is assigned to you upon registration
Other optional information as part of your account profile
Your IP Address and, when applicable, timestamp related to your consent and confirmation of consent
Other information submitted by you or your organizational representatives via various methods
While we have taken all precautions to ensure that our Application, and any payment made through our Application, is secure and that your information is protected, you acknowledge and agree that you are also responsible for ensuring the security of your Account.
You agree that you will take all measures to keep your password secure and secret at all times, and that you will take all steps to prevent the unauthorized use of your User ID and your Smart Lanka Online account. Protecting your password is your responsibility.
1.6 Refused and Refunded Payments.
When you send a payment, the recipient is not required to accept it. Where the recipient refuses for whatever reason to accept payment or any payment remains unclaimed or is refunded such payment will be credited back to the Payment Method used for that transaction and you will be notified of the same. You acknowledge that we may not be able to provide you with a reason for the relevant payment to be not accepted or unclaimed or refunded. However, by referring to the transaction ID or reference number that will be recorded and available on your Account, you will be able to follow up on the reason for the relevant payment to be not accepted or unclaimed or refunded.
- USE OF APPLICATION
You may only use this Application to browse the content and make legitimate payments for products and services and shall not use this Application for any other purposes, including without limitation, to make any speculative, false or fraudulent payments. This Application and the content provided in this Application may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of this Application and/or the materials contained on this Application may violate applicable copyright, trademark or other intellectual property laws or other laws.
- YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS
You will be liable for any losses (including the amount of any transaction carried out without your authority) if you have acted with negligence so as to facilitate that unauthorized transaction, or if you have acted fraudulently. For the purpose of this clause gross negligence shall include failure on your part to observe the security duties referred to in clause 1.5 above and any instructions contained in the User Guide, which will be updated from time to time.
If you have notified us in terms of Clause 1.5(d) above of any unauthorized access to your account or unauthorized instructions or that you suspect that someone else knows your security number, you will not be responsible for any unauthorized instructions carried out after we have had reasonable time to suspend and acknowledge the suspension of the service in respect of your Account, unless we can show that you have acted fraudulently.
For the avoidance of doubt, we will not be liable or responsible for any allegedly unauthorized transaction carried out from or through your Account prior to receipt by us of a notification in terms of Clause 1.5(d) above unless the same has taken place due to a fault or error attributable to us and/or the Application and/or the Smart Lanka Online Services or due to our negligence.
- OUR RIGHTS AND LIABILITIES
We reserve the right to modify or withdraw, temporarily or permanently, the Application (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of the Application.
We do not warrant an error free or uninterrupted performance of the Application and/or the Smart Lanka Online Services and/or any part or feature of the Application or the Smart Lanka Online Services.
We will use all reasonable endeavors to maintain the Application and keep it operational so as to provide you with an uninterrupted service. However, there may be situations that render the Application and/or any part or feature thereof temporarily not operational due to reasons beyond our control and/or where we may be compelled to take the Application and/or any part or feature thereof offline and/or interrupt the Smart Lanka Online Services or any part or feature thereof for, inter alia, maintenance, rectification or updating. In such event we will use our best endeavors to keep you informed and updated of the operational status of the Application and the Smart Lanka Online Services so as to minimize any inconvenience to you. However, notwithstanding anything to the contrary contained elsewhere in this Agreement, Smart Lanka Online shall not be liable to you and/or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising from or attributable or incidental to the Application and/or the Smart Lanka Online Services and/or any part or feature of the Application or the Smart Lanka Online Services being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to any error in the Application or the Smart Lanka Online Services due to any reason whatsoever even if we had been advised of the possibility of such damages.
- GENERAL TERMS
Limitation of liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE PAYMASTER SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Services Limitation. Smart Lanka Online is not a bank and the Smart Lanka Online Services are payment processing services rather than banking services. Smart Lanka Online is not acting as a trustee, fiduciary or escrow with respect to your funds. Smart Lanka Online does not have control of, nor liability for, the products or services that are paid for with or though the Smart Lanka Online Services. We do not guarantee and cannot ensure that a Payee will complete a transaction or do any act.
No Warranty. THE Smart Lanka Online SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. Smart Lanka Online , OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Smart Lanka Online will make reasonable efforts to ensure that payment instructions are processed in a timely manner but Smart Lanka Online makes no representations or warranties regarding the amount of time needed to complete processing because the Smart Lanka Online Services are dependent upon many factors Services are dependent upon many factors outside of our control, such as delays in the Payment Providers system or mail service.
- DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall, if the Parties are unable to resolve such dispute through direct negotiations, be referred for final resolution by arbitration in accordance with the Arbitration.
- GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
- Cookies Policy
“Account” or “Smart Lanka Online Account” means a Personal Smart Lanka Online Account.
“Application” means the Smart Lanka Online web or mobile platform based application through which you can access and utilize the Smart Lanka Online Services.
“Fees” means those amounts stated in Exhibit A (Fees) of this Agreement.
“Information” means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
“Smart Lanka Online Services” means all our products and services and any other features, technologies and/or functionalities offered by us on our Application or through any other means.
“Website” means the Www.Smartlankaonline.net website.