Quick Loan Terms of Use

 

The following terms and conditions, and any amendments hereto (the "Agreement") constitute a legal agreement between you ("you" or "your") and Dialog Finance PLC  (PB 765 PQ) (hereinafter called and referred to as the  "Service Provider", "we", "us" or "our" which term or expression as herein used shall where the context so requires or admits mean and include the said Dialog Finance PLC and its successors and permitted assigns) for your use of Quick Loan service ("Quick Loan”) through the Genie Mobile Application (“Genie”).

 

1. Quick Loan Service

1.1 The functions of Quick Loan (“the Service”) include, but are not limited to:

i)  Applying for a Loan and any other loan facilities introduced by the Service Provider from time to time;

ii)  Viewing your current Loan Agreement;

iii)  Requesting a new loan ("re-loan" request);

iv)  Executing a new Loan Agreement;

v)  Viewing your current loan status;

vi)  Viewing your loan history;

vii)  Viewing your current payment schedule;

vii)  Viewing your transaction history; and

viii)  Viewing your Profile.

 

1.2  The Service Provider shall at its sole discretion offer to you the Quick Loan or any other loan offered by the Service Provider from time to time. The Service Provider reserves the right to reject any loan requested by you, for any reason whatsoever.

 

1.3  You specifically consent to the Service Provider to access your credit information available in the Credit Information Bureau (CRIB) for the purpose of assessing your credit management and to report to CRIB details of the Facility granted by the Service Provider on a monthly basis

.

1.4  You will be permitted to maintain one (01) active loan at any given time on Quick Loan. You may request for another loan only upon complete settlement of the previous loan obtained by you.

 

1.5  The Service can be accessed through Genie, that is downloaded to your Mobile Device, and used at no additional charge to you.

1.6  You understand that you may not have access to all of the Services offered on your Quick Loan account through Genie.

1.7  You permit the Service Provider to use your information available with the Service Provider, in accordance with the Service Provider’s Privacy Policy in order to better serve you.

2.  Your Agreement with Us

2.1  By accessing the Service and by clicking on the “Continue” button, you acknowledge 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.

2.2  Each loan granted to you is additionally subject to the terms contained in the Loan Agreement which is provided in Annex 1 of this Agreement (“Loan Agreement”).  When your application for a loan is approved by us, you are deemed to have read, understood and agreed to the terms contained in the said Loan Agreement. The Loan Agreement containing the details of the loan and your personal details will be available for your reference on Quick Loan, once the requested loan has been approved.

3.  Registration and Operations

 

3.1  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.

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

3.3  You shall not at any one point delete or disable the customer account as long as an active loan is still existing.

3.4  The rate or charge applicable for the Service shall be decided solely by the Service Provider.

3.5  You agree and undertake to be responsible for submitting the correct and up to date details, including but not limited to, log in credential, your Mobile phone number, loan amount requested, bank account details or account details as applicable, and the Service Provider shall not in any way be liable for any erroneous transactions incurred.

3.6  You further undertake to exercise a duty of care to ensure Genie and/or Quick Loan is not accessed by unauthorized persons.

 

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

 

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

 

3.9  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.

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 will apply when accessing Quick Loan;

4.1.2  Keeping possession of your Mobile Device;

4.1.3  Keeping a locked 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..1.5Keeping your Account Information strictly confidential.

 

4.2  Anyone with access to your Mobile Device can view the Service.

4.3  If we upgrade, update or modify Quick Loan (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.

 

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 without limitation, 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 may result in your access to the Service or the account/s being suspended or terminated.

 

5.4  The Service Provider reserves the right to share its databased/specific customer information with any one of its subsidiaries and/or holding companies, in accordance with its Privacy Policy in order to provide an integrated service to you and/or for the purpose of recovering any outstanding amounts and/or with any Government authority for any criminal 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 Quick Loan, OR DUE TO YOUR BREACH OF THE TERMS HEREIN, AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA, UNAUTHORISED ACCESS 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 QUICK LOAN.

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.

6.4  WE RESERVE THE RIGHT TO REFUSE TO GRANT THE LOAN TO YOU FOR ANY REASON WHATSOEVER.  THE SERVICE PROVIDER’S DECISION SHALL BE FINAL AT ALL TIMES.

6.5  THE AFORESAID INDEMNITIES SHALL CONTINUE NOTWITHSTANDING THE TERMINATION OR EXPIRY OF THE SERVICE AND/OR THE CONTRACT BETWEEN YOU AND THE SERVICE PROVIDER.

7.  Ownership and Proprietary Rights

7.1  You acknowledge that the Quick Loan 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.

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 Quick Loan in any way whatsoever will not convey any proprietary or ownership rights in such software to you.

7.4  Unless otherwise specified, Quick Loan 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 Quick Loan 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 Quick Loan and clicking on the “Continue” button you shall be bound by this Agreement.

 

8.2  You further confirm that you have considered the charges and interest 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 a notice on  Quick Loan 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 shall be considered as amended and 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 Quick Loan. Do not use Quick Loan if you do not agree to this Agreement, as amended.  By continuing to use Quick Loan 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. You may view the most current version of this Agreement at any time at Quick Loan.

9.  Lost or Stolen Mobile Device and Unauthorized Access to Your User Information

 

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 and/or other personal information and unauthorized transactions being conducted through your Quick Loan account.

10.  Disposing of Your Mobile Device

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 information to conduct unauthorized transactions through your Genie/Quick Loan account.

 

11.  Prohibited Actions

You shall not:

 

11.1  Use Quick Loan for purposes other than for the Services specified in this Agreement.

 

11.2Impersonate 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).

11.3  Use Quick Loan 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.

 

11.4  Use any automatic device or manual process to monitor or copy Quick Loan and information without the prior consent and permission from the Service Provider.

 

11.5   Make unsolicited offers, advertisement and proposals or send junk mail or spam to other Customers or the Service Provider.

 

11.6  Refuse to co-operate in an investigation.

 

11.7  Remove, circumvent, disable, damage or otherwise interfere with security related features of Quick Loan.

 

12.  Security

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 your 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  Quick Loan Account will collect your personal data, including, but not limited to, your name, address, mobile phone number, device name, bank details and other information related to your use of Quick Loan, including account statements and loan documents (collectively referred to as "Mobile Data").

 

13.2  The Service Provider will be collecting personal data in accordance with its Privacy Policy. Please review the Service Provider's Privacy Policy.

By accessing Quick Loan, and clicking on the “Continue” button, you hereby agree to the Service Provider's collection and use of your personal information and acknowledge that you have read and accepted the Service Provider's Privacy Policy.

 

14.  Limited License

14.1  You are granted a limited, revocable, non-transferable, non-exclusive license to use Quick Loan on a Mobile Device that you control. The Service Provider can terminate this license at any time and with or without any reason. Quick Loan is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense Quick Loan. You agree that the Service Provider retains all rights, title and interest in and to Quick Loan 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 Quick Loan or any part of it. You may not use Quick Loan 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 Genie.

14.2  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 Quick Loan, Genie and/or other products offered on Genie.

 

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 the Service Provider's control corrupt or affect the administration, security and provision of the Service.

 

15.2  You hereby irrevocably authorize the Service Provider:

15.2.1  To connect your account to this Service (as required)

15.2.2  in accordance with the applicable law and in accordance with our Privacy Policy, including but not limited to, disclosures for purposes of credit review of any user account any information relating to you to disclose and/or share your information, as required, with;

i)  The holding company, parent company, its subsidiaries and/or affiliates.

ii)  Its auditors, professional advisers and any other person(s) under a duty of confidentiality to the Service Provider.

iv)  Maintainers or servicers of the Service Provider.

v)   Any regulatory and/or government body.

vi)  Any other person with whom the Service Provider contracts or proposes to contract with regard to offering services.

vii)  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 this Service is registered under your name and that you are the actual user of the mobile number. 

 

TERMINATION

 

16.1  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.

 

16.2  You shall, after withdrawal, discontinue use of any and all parts of Quick Loan.

16.3  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.

16.4  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.

16.5  The Service Provider shall however endeavor to give reasonable notice for suspension and/or termination of the Services, to the extent possible.

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 government 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 Party concerned.

18.  Governing Law and Jurisdiction

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

18.2  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.

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

 

 

Annexure 1

 

LOAN AGREEMENT

 

The Term Loan Agreement is entered into between DIALOG FINANCE PLC, a company duly incorporated in Sri Lanka (Company PB 765 PQ) and having its registered office at No. 475, Union Place, Colombo 02 (hereinafter called and referred to as “the Company” which term or expression as herein used shall where the context so requires or admits mean and include the said Dialog Finance PLC and its successors and permitted assigns) and the BORROWER subject to the terms and conditions of the Term Personal Loan Facility set out hereinbelow . 

 

WHEREAS the Company carries on business as a Licensed Finance Company and in the ordinary course of its business lends monies and / or grants financial facilities to its customers.

 

WHEREAS the said BORROWER has applied for a financial facility for personal purposes from the Company and the said Company agreed to grant the said financial facility subject to the terms and / or conditions as are more fully set out hereunder.

 

the Company and Borrower shall individually be referred to as “Party” and collectively referred to as “Parties”

 

1.  DISBURSEMENT OF FUNDS

 

1.1  The Company shall grant a Financial facility morefully defined herein under the Schedule hereto and disbursed to the Borrower’s savings account maintained with the Company or such other account that may be instructed by the Borrower.

 

1.2  Notwithstanding any arrangement or writing to the contrary between the Parties, the Borrower hereby expressly agrees that the aforesaid amount together with all other charges as described in clause 2 (PAYMENTS) shall be repayable 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.

 

1.3  The Borrower also agrees that any statement extract in writing, system generated 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 or generated by a Company system 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.

               

2.  PAYMENTS

2.1  The Borrower shall pay the charges that shall be debited to the Borrower’s Loan in connection with servicing of this Facility by the Company and payments made at any Branch and/or payment channel provided by the Company shall be deemed to have been made to the principal business place of the Company.

 

 

2.2  Any delay and/or default of settling of the Monthly Installment payment due and owing from the Borrower shall be subject to default payment terms and conditions of this Agreement.

 

2.3  The obligation to settle the Monthly Installment in terms of the payment terms shall at all times remain with the Borrower

 

3.  TERMS AND CONDITIONS

Whereas the Borrower hereby agrees to abide by the following:

 

3.1  The Borrower agrees that the Company shall retain the right to place on hold the funds lying in the Borrowers savings account with the Company until this facility is settled in full.

 

3.2  The BORROWER shall pay the following and any other charges that will be debited to BORROWER’s loan account in connection with serving of this loan by the Company;

3.2.1  Charges on the normal and penalty interest.

3.2.2  Postage and other handling charges if applicable.

3.2.3 Inspection valuation and any other incidental charges if applicable.

3.2.4  Any Statutory payment by way of taxes or otherwise imposed by the Government or any other statutory body.

3.2.5  Legal Fees

3.2.6  All other expenses incurred by the Company for the recovery of the monies owing from the Borrower to the Company.

 

3.3  Any delay and/or default of settling of the Monthly Installment payment due and owing from the Borrower shall be subject to default payment terms and conditions of this Agreement

 

3.4  The Borrower shall immediately inform the Company in the event of the occurrence of the following event and shall if required by the Company settle in full the outstanding Loan amount which shall be payable by the Borrower to the Company:

3.4.1  Any material change is expected or experienced in his/her financial condition.

3.4.2  Particulars of any litigation which may tend to affect the his/her financial capacity and in which the Borrower may be involved

3.4.3  of a termination or resignation or in a similar event of his/her employment

 

3.5  The Company is hereby irrevocably authorized by the Borrower without notice to the Borrower:

 

3.5.1  to combine the account of this Facility with all or any of the Borrower other accounts or deposits (term or demand); and

3.5.2  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.

 

3.6  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 Facility 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 .

 

3.7  The monies due by the Borrower to the Company in respect of this Facility 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.

 

3.8  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 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.

 

3.9  The Borrower agrees that in the event of default by the Borrower, the Company may appoint a third party collector for the recovery of outstanding amounts and the Borrower agrees to pay all costs of such collection.

 

3.10  The Borrower agrees that the Company at its sole discretion may change any interest rates, service fees, and other charges applicable under this Loan Agreement from time to time. Provided however, the Company shall give Seven (07) days’ notice to the Borrower prior to effecting such change.

 

3.11  This Agreement shall be prima facie evidence of the amount owing by the Borrower to the Company.

 

3.12  The Borrower shall not be entitled to a rebate in the event of an early settlement of the Facility.

 

3.13  The Company shall have the right to set-off/net off on the deposits of any kind and nature (including fixed deposits) held/balances lying in any accounts of the Borrower and on any monies. securities, bonds and all other assets, documents, deeds and properties held by/under the control of the Company/their trustees or agents(whether by way of security or otherwise pursuant to any contract entered/ to be entered into by the Borrower in any capacity) to the extent of all outstanding dues, whatsoever, arising as a result of any of the Company’s services extended to and/or used by the Borrower and/or as a result of any other facilities that may be granted by the Company to the Borrower. The Borrower also notes that the Company lien available to the Company on the aforesaid assets.

In addition to the above mentioned right or any other right which the Company may at any time be entitled whether by operation of law, contract or otherwise, the Borrower authorizes the Company:

3.13.1 to combine or consolidate at any time all or any of the accounts and liabilities of the Borrower with or to any branch of the Company; and

3.13.2  to sell or dispose of any of the Borrower’s securities or properties held by the Company by way of public or private sale or assignment or in any other manner whatsoever without having to institute any judicial proceeding whatsoever and retain/appropriate from the proceeds derived there from the total amounts outstanding to the Company from the Borrower, including costs and expenses in connection with such sale / disposal / transfer / assignment

 

3.14  The Borrower shall not transfer ownership and/or vary it’s profile details of the registered mobile number and/or until the Facility is settled in full.

3.15  In the event of any unsettled outstanding on the Facility, the Company reserves the right to;

  • instruct Dialog Axiata PLC to withhold any payment of commission, fees or such other payable due to the Borrower until such time that the outstanding payments are settled in full; and/or

  • Instruct Dialog Axiata PLC to deduct such outstanding amounts from any funds lying in the Borrower’s eZ Cash wallet and settle such outstanding amounts to the Company without any prior notice to the Borrower.

 

3.16  The Company reserves the right to share its’ databased/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.

 

3.17  The Borrower understands that the Company is recognized as a Prescribed Authority by the Department of Registration of Persons of Sri Lanka (DRP) under Section 39B(c) of the Registration of Persons Act No. 32 of 1968 as amended by Amendment Act No. 8 of 2016 . Whereas the Borrower hereby consent to the Company accessing the Borrower’s National Identity Card (NIC) details maintained with the DRP, to assess the authenticity of the information provided by the Borrower including the Borrower’s below information;

i)  Name

ii)  Address

iii)  Date of birth

iv)  Place of birth

v)  Gender

vi)  Date issued

vii)  Photograph

viii)  Scanned copy of the front side and back side of the identity card

ix)  Scanned copy of the index containing information appearing on the Identity Card

x)  Nature of the record (Active/Inactive/ Cancelled/Invalid)

 

 

4.  SECURITY FOR THE FACILITY

4.1 The security for the said Facility shall be a Personal Guarantor as set out in the Loan Application to this Agreement and as confirmed by the Company to the Customer via the Offer Letter.

 

4.2  Prior to any disbursement by the Company under the Facility, the Borrower shall procure and furnish to the Company, in the form prescribed by the Company (“Guarantee and Indemnity”), an irrevocable and unconditional guarantee from the “Guarantor” for the due repayment /payment of the Facility including all interest thereon and other monies payable by the Borrower in respect of the Facility. The Borrower shall not pay any guarantee commission to the Guarantor. The said Guarantee and Indemnity shall be applicable throughout the validity of this Loan Agreement.

 

5.  MATERIAL BREACH

5.1  This Agreement shall be deemed to have been breached in the event that:

 

5.2  The Borrower fails to pay the amount on the due date and fails to pay the total amount due with interest on demand.

If the Borrower fails and/or neglects to adhere by any terms or condition of this Agreement.         

 

6. CONSEQUENCE OF BREACH/DEFAULT

6.1  In the event of the occurrence of any act of MATERIAL BREACH (clause 5) hereof, the Company reserves the right to terminate this Agreement. Termination of this Agreement shall be without prejudice to the respective rights and obligations accrued under this Agreement prior to such termination.

6.2  The Company may terminate this agreement at any time in the event of a default other than a material breach as set out in Clause 5 (MATERIAL BREACH) above, provided that such event of default remains not remedied 7 days after such default being notified by the Company to the Borrower.

6.3  TERMS AND CONDITIONS (clause 3), PAYMENT (clause 2), EXCLUSIVE JURISDICTION (clause 9) shall survive the termination of the Agreement.

7.  WAIVER AND VARIATION

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.  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.

 

9.  EXCLUSIVE JURISDICTION

This Agreement and the security afforded hereunder shall be governed and construed in all respects in accordance with the Law of Sri Lanka and the Court of jurisdiction shall be Colombo

10.  NOTICES

10.1  All demands under this Agreement may be made by  the Company by any authorized 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 and 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.

 

10.2  All reminders and notices shall be sent by short messages services (SMS), emails or any other acceptable communication method notified to the customer from time to time to the registered mobile telephone number or Electronic mail given by the Borrower and the Borrower hereby states that the said messages being electronic messages shall be deemed to be legally binding reminders.

 

10.3  It is further agreed that all payments shall be receipted / acknowledged whether the payments are treated as payments/damages/statutory payments/service charges.

 

11.  Miscellaneous

11.1  The Company reserves the right to amend or vary the terms and conditions of this Agreement from time to time whereas the Company shall notify the Borrower of any changes to these terms and conditions prior to effecting the same.

 

11.2  The Company may transfer or assign its rights and obligations under these Agreement and such transfer or assignment shall be effective upon notification of the same to the Borrower.

 

11.3  In the event of any inconsistency between these terms and conditions and the Sinhala or Tamil translation of these terms and conditions, the English terms and conditions shall prevail.

 

12.  DEFINITIONS

12.1  Borrower – Means the individual on whose request the Company has granted the Term Loan and who has agreed to these terms and conditions by placing his/her digital signature in terms of the Electronic Transaction Act No. 19 of 2006 as amended.

12.2  Facility – Means the loan facility morefully defined under the Schedule hereto granted to the Borrower under this Term Loan scheme by Dialog Finance PLC

 

12.2  Agreement – Means this Loan Agreement

12.3  Loan Application – Means the loan application containing the Borrower’s details and the facility details required by the Borrower as duly completed by the Borrower and submitted to the Company in writing or submitted electronically as the case maybe.

 

Signed and executed by the Parties in terms of the Electronic Transaction Act No. 19 of 2006 as amended.

 

 

SCHEDULE

Loan Amount

Rupees ……………………Only (Rs. ……/=)

Full Name of the “BORROWER” as per National Identity Card (NIC) Permanent Address and NIC Number

<Full Name>…………………………………………………………………………

Of <Address>………………………………………………………………………………

bearing NIC number ……………………………..

Date and Mode of Payment

Repayment of monthly instalment to be commenced, …..th ……… 2020 and thereafter on the same date of each subsequent month.

Period or term

……………. months

Monthly installment

Rs. ………… (Rupees ………………………………… Only

Interest to be informed to the Borrower from time to time and the rate to be notified verbally or in writing, considering the fluctuating market rate of interest at the given time

Interest to be computed at the rate of ………… (……%) per centum per annum.

DF reserves the right to change the rate of interest with prior notice to the BORROWER depending on prevailing market conditions.

To be calculated at the rate of ……% per annum in addition to the normal interest rate without any prior intimation to the BORROWER until settlement in full.

Default Interest

Early Settlement Interest

Any early settlements shall be under the sole discretion of DF and shall be subject to an early settlement interest of XX% ……………………

Personal Guarantor

Security