Terms and Conditions SOLO

These Terms and Conditions form a legal agreement between HNB and each Customer (as hereinafter defined) and shall govern the use of the SOLO Digital Payment Services provided by HNB to a Customer.

The Terms and Conditions, together with the instructions, specifications and limitations set out in the SOLO Website which are incorporated herein by reference, govern the provision of the SOLO Digital Payment Services by HNB to the Customer and the use of the same by the Customer. The Customer agrees to access the SOLO Website for further details relating to the provision of the SOLO Digital Payment Services to the Customer and to contact SOLO Support in the event that the Customer requires further information. In particular, any amendments or supplements to the Terms and Conditions shall be published on such website and notified to the Customer via an electronic message.

Subject to clause 4 below, a Customer who downloads the SOLO App and agrees to the Terms and Conditions would be entitled to commence using the SOLO Digital Payment Services. In order to use the SOLO Digital Payment Services, the Customer must complete all information elements required on pages where a Customer registers a Payment Instrument in the SOLO Account. The Customer authorizes HNB to obtain confirmation that the Payment Instruments are in good standing with the issuing financial institution.

The nature and extent of SOLO Digital Payment Services offered by HNB to a Customer varies with the type of Customer. The types of Customers and the corresponding SOLO Digital Payment Services available to such Customer are set out in the SOLO App and on the SOLO Website. The Customer is advised to contact SOLO Support or access the SOLO Website to clarify which of the SOLO Digital Payment Services are available to a specific Customer.

a. A Customer must satisfy the following requirements for the purposes of registering for the SOLO Digital Payment Services:

i. Holder of Sri Lankan National Identity Card and/or a valid Driving License;
ii. Be over 18 years of age;
iii. Possess a Mobile Device with software conforming to the requirements set out on the SOLO Website;
iv. Provide a Mobile Number registered in the name of the Customer (or permission to use such Mobile Number where it is in the name of a person other than the Customer); and
v. Fulfill all anti-money laundering and “Know Your Customer” requirements of HNB.

b. The customer shall provide HNB with sufficient registration information in order to support the satisfaction of the aforesaid registration requirement. The registration information shall be provided in the manner prescribed by HNB from time to time, which shall include the submission of the registration information digitally via the SOLO app. HNB reserves the right to verify the registration information with third parties, if the need arises.

c. Notwithstanding the satisfaction of the aforesaid requirements, HNB shall have the sole discretion in approving the registration of any person as a Customer.

d. For the purposes of satisfying continuing anti-money laundering and “Know Your Customer” requirements of HNB, HNB reserves the right to request for additional documentation and supporting information from time to time, even after completion of the registering of a Customer’s SOLO Account. HNB may at its sole discretion block or close the Customer’s SOLO Account in the event of a failure to provide satisfactory documentation and supporting information following a request for the same from HNB.

e. The Customer is responsible for providing accurate and genuine Registration Information that relates to only such Customer and no other person. The Customer is responsible for keeping such Registration Information up to date, or notifying HNB in the event of changes. Change of Sri Lankan citizenship status of a Customer would result in the Customer being ineligible to utilize the SOLO Digital Payment Services.

a. SOLO Digital Payments Services must be used only for the purpose of conducting domestic transactions.

b. The SOLO Digital Payments Platform must be used only for lawful and legitimate purposes and for conducting the permitted transactions as specified in these Terms and Conditions and on the SOLO Website.

c. Once the Customer’s Payment Instruments have been authorized, the relevant Payment Transaction is deemed completed and discharged. Payment Transactions conducted through Payment Instruments are subject to the terms and conditions between the Customer and the relevant financial institution and/or the issuer (in the case of a debit/ credit card or JustPay).

d. The Customer is responsible for any charges and fees that maybe imposed under the Payment Instrument terms and conditions, as a result of the Customer’s use of a Payment Instrument.

e. The Customer is solely responsible for updating and renewing the Payment Instruments in a timely manner, in order to have uninterrupted use of the SOLO Digital Payment Services.

f. All Transactions processed through the SOLO Digital Payments Platform are non-refundable to the Customer and are non-reversible by the Customer through the SOLO Digital Payments Platform. The Customer may have additional refund, reversal or charge-back rights under the terms and conditions governing the relevant Payment Instruments.

g. HNB has the right to monitor and supervise transactions that take place using the Customer’s SOLO Account and Payment Instruments linked thereto. In the event HNB is of the view that there are suspicious or unintended transactions taking place through the SOLO Account and/or the Payment Instruments linked thereto, HNB reserves the right to reverse or suspend such transactions, including the right to suspend the availability of the SOLO Account, without giving notice to the Customer. HNB shall not be liable for restricting access to the SOLO Account in such circumstances.

h. HNB has the right to report suspicious transactions to the Financial Intelligence Unit (“FIU”) established under the Financial Transactions Reporting Act Number 6 of 2006 and any other law enforcement authorities and other regulators as the case may be.

i. HNB is required to report to the FIU in such manner as may be prescribed by the FIU, every CASA transactions credit card transactions, debit card transactions and transactions exceeding the sum specified by regulation.

j. In the event the FIU/authority/regulator instructs HNB not to carry out any transaction, HNB will suspend the transaction in order to allow the FIU/authority/regulator to make necessary inquires.

k. The Customer will not be entitled to be informed of any action taken by HNB in relation to the above and HNB will not be liable or responsible to the Customer in respect of any such action taken by HNB.

l. Customer will be subject to and shall comply with the applicable Merchant Limit, Transaction Limit and Daily Limit as may be imposed by HNB. The Customer has the option of imposing his/her own Daily Limit and Transaction Limit, provided that such limits are within the applicable Merchant Limit, Transaction Limit and Daily Limit.

m. The Customer agrees to have the Mobile Device in his/her possession at the time of initiating a Payment Transaction, in order to accept or reject the Payment Transaction via a verification message sent to the Mobile Device

a. The Customer may link Payment Instruments from other banks/financial institutions to the Customer’s SOLO Account, in accordance with HNB’s specifications as shall be set out on the SOLO Website. Once a Payment Instrument has been successfully linked to the Customer’s SOLO Account, HNB will store the relevant account/card numbers as may be required to provide the SOLO Digital Payment Services to the Customer. The Customer acknowledges that HNB is not a party to any agreement between the Customer and such other bank/financial instrument in relation to the Payment Instruments and is not involved in issuing credit or determining eligibility for credit. HNB does not make any representation or verify that any of such Payment Instruments are in good standing or that relevant bank/financial institution will authorize or approve any Payment Transaction carried out through the SOLO Digital Payments Platform.

b. The Customer’s use of the SOLO Digital Payment Services with a given Payment Instrument is governed by these Terms and Conditions as well as the applicable terms/privacy policy from the bank/financial institution where the relevant Payment Instrument is opened/issued. Nothing in these Terms and Conditions modifies such terms or privacy policy. In the event of any inconsistency between the Terms and Conditions and the relevant bank / financial institution’s terms, these Terms and Conditions will govern the relationship between the Customer and HNB with respect to SOLO, and the bank/financial institution’s terms will govern the relationship between the Customer and such bank/financial institution.

c. The Customer agrees that by nominating the Payment Instruments to be linked to the Customer’s SOLO Account, the Customer is consenting to HNB debiting and crediting Payment Instruments for the purposes of utilizing the SOLO Digital Payment Services. The Customer represents, warrants and undertakes to HNB that the Customer will ensure that operating instructions relating to the Payment Instruments will be consistent with the Customer’s use of the SOLO Digital Payment Services.

d. By choosing to link Payment Instruments to the Customer’s SOLO Account, the Customer acknowledges and consents to HNB passing details of such Payment Instruments and related information to a third party for that third party to charge the same for goods or services to be supplied to the Customer. In such cases, after passing on such details to that third party, HNB will have no further involvement in the transaction with that third party. HNB is not responsible for any issues arising from such third party transaction. In the case of disputes, the Customer should contact the third party or financial institution at which such Payment Instrument has been opened or issued.

e. The Customer is responsible for the maintenance of accurate information regarding the Payment Instruments in the SOLO Account (such as expiration dates, updated card nos. etc…). The Customer represents and warrants to HNB that the Customer has all rights and authority to register the Payment Instruments with the Customer’s SOLO Account.

a. The Customer must bear charges and fees (if any) relating to the use of the SOLO Digital Payment Services (including any fees and charges on termination) (collectively referred to as “Charges”), as contained in HNB’s Retail Services Tariff webpage, published on the HNB website, www.hnb.net and/or on the SOLO Website. HNB reserves the right to amend the Charges from time to time.

b. The Customer must pay or reimburse to HNB, all taxes, stamp duty and/or other levies (collectively referred to as “Levies”) which may be payable as a result of the Customer’s use of the SOLO Digital Payment Services.

c. The Customer agrees that HNB will have the right to debit HNB or any Payment Instrument that the Customer has linked with SOLO or any other account that the Customer has with HNB, for Charges and Levies payable by the Customer (collectively “Charges”), in relation to the use of the SOLO Digital Payments Platform.

d. The Customer shall be responsible for all fees and charges that may be charged by third parties in the course of the utilization of the SOLO Digital Payment Services by the Customer. For the avoidance of doubt, the Customer shall be responsible for all fees and charges levied by carriers (telecom operators) and the banks/financial institutions relating to the linked Payment Instruments.

a. The safety of the Mobile Device shall lie with the Customer.

b. The safety of the Mobile Device shall lie with the Customer.

i. Storing the Mobile Devices in a secured manner;
ii. Keeping User Credentials confidential; and
iii. Keeping the PIN code used to access the SOLO Digital Payment Services in a separate place from the User Credentials.

c. The Customer shall immediately report the loss of any Mobile Device to HNB by calling SOLO Support and following the instructions provided by HNB.

d. In the event of the loss of any Mobile Device and/or where the confidentiality and security of the Customer’s SOLO Account is likely to have been or potentially will be compromised, it is the sole responsibility of the Customer to bring such instances to the notice of HNB immediately. In particular, the Customer shall promptly call SOLO Support to report such event to HNB and shall follow the instructions provided by HNB to the Customer in order to rectify or otherwise deal with the issue. Without prejudice to any other clauses in these Terms and Conditions, the Customer acknowledges that the Customer shall be responsible for any transactions which have been done by any unauthorized person through the Customer’s SOLO Account by reason of the Customer failing to maintain the confidentiality and security of the Customer’s Mobile Device and/or SOLO Account.

e. All transactions once completed using the applicable User Credentials of a particular Customer’s SOLO Account on the SOLO Digital Payments Platform are conclusive and binding on such Customer and the Customer shall be liable in respect of such transactions. It is the Customer’s responsibility to ensure that no other person has access to the Customer’s SOLO Account and/or the related User Credentials.

f. The Customer shall be responsible for any and all transactions by persons that the Customer allows to access the Customer’s SOLO Account or that otherwise use the User Credentials, and for any and all consequences of use or misuse of the User Credentials.

g. It is the responsibility of the Customer to confirm the accuracy of all information entered into the SOLO Digital Payments Platform so as to ensure that it is the Customer’s intended transactions that are being carried out.

h. HNB need not seek further confirmation on the authenticity of any transactions effected through the SOLO Account and HNB will not be held liable for carrying out instructions that are validated by the applicable User Credentials of a Customer.

i. Without prejudice to any other provision in these Terms and Conditions, the Customer specifically acknowledges that HNB shall not be liable in any manner whatsoever for the Customer’s failure to complete a transaction on the SOLO Digital Payments Platform in the following instances and in any other instance specified in applicable laws:
. the transaction is not within the scope of the SOLO Digital Payments Platform provided to the specific Customer;

i. in its absolute discretion, HNB is of the view that the transaction is suspicious or illegal;
ii. the transaction breaches the Merchant Limit, the Daily Limit or the Transaction Limit;
iii. a Merchant refuses to honour the transaction;
iv. the Customer does not have enough funds available in the relevant Payment Instrument to effect the transaction;
v. if the Mobile Device used by the Customer is incompatible with the SOLO Digital Payments Platform or is in any way defective or fails to meet the required specifications for using the SOLO Digital Payments Platform;
vi. if a Merchant’s equipment through which the transaction is being or attempted to be processed is not working properly;
vii. failure to renew a Payment Instrument;
viii. if the transaction information supplied by the Customer or a third party is incorrect or untimely; or
ix. if the SOLO Digital Payments Platform is unavailable for use at any time, due to circumstances beyond HNB’s control (including but not limited to flood or fire).

j. The Customer acknowledges that all Payment Transactions conducted through the SOLO Digital Payments Platform are effected in real time. Accordingly, other than expressly specified in the terms and conditions applicable to the individual Payment Instruments, HNB does not undertake to stop or reverse any Payment Transaction once the Customer has entered into it.

k. The Customer will not hold HNB liable for any transaction which the Customer has entered into with Merchants using the SOLO Digital Payments Platform. It is the responsibility of the Customer to take steps to confirm the completion of all aspects of transactions as at the point of such transaction.

l. HNB shall not accept any liability for the quality of goods and services provided by a Merchant.

m. HNB shall be entitled to promote any of its products or any third party products to the Customer through the SOLO Digital Payments Platform.

n. HNB reserves the right to display HNB’s marketing material electronically on the SOLO Digital Payments Platform.

HNB does not represent or endorse and will not be responsible for:

a. the reliability or performance of any Merchant or third party provider (including telecom operators and financial institutions whose bank accounts, debit cards and credit cards are linked to the SOLO Digital Payments Platform);

b. the safety, quality, accuracy, reliability, integrity or legality of any product, service, offer, loyalty program, or other items that may be stored and/or redeemed on the SOLO Digital Payments Platform, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the SOLO Digital Payments Platform; or

c. the Customer’s ability to buy or redeem products and services using the SOLO Digital Payments Platform. HNB hereby disclaims any liability or responsibility for errors or omissions in any Content in the SOLO Digital Payments Platform. HNB reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of the Terms and Conditions.

a. Notifications by HNB in relation to the SOLO Digital Payments Platform (including changes to the Terms and Conditions, publication of fees and charges and operational instructions for the use of the SOLO Digital Payments Platform) may be made/given by HNB from time to time by way of text message to the Mobile Number, email to the Customer’s registered email address, notifications through the SOLO Application, publication on the SOLO Website or in any other manner deemed appropriate by HNB at its sole discretion.
Notifications will be binding on the Customer immediately. The Customer agrees and consents to receive such notifications electronically and it is the Customer’s responsibility to open and review such notifications of HNB through the methods described above.b. Instructions, requests or notifications sent by the Customer to HNB will be considered received only when the request has been received by an authorized office of HNB in the manner prescribed by HNB on the SOLO Website and HNB has had reasonable time for acting upon such notification.c. Any instructions to block, modify, vary or recommence the operations of the SOLO Account shall take place only after such instructions have been verified by HNB.d. HNB will provide instructions and information through SOLO Support and the SOLO Website as to the prescribed manner and format in which the Customer is to notify HNB of specified events including but not limited to the reporting of lost mobile phones and termination of services notifications.e. Statements:

i. The Customer must immediately examine transaction statements, advices, alerts, execution of orders and such other statements and information relating to transactions over the SOLO Application as to their correctness and completeness and immediately notify HNB or other Payment Instrument issuing entities in writing of any objection in absence of which, the statements, advices and information will be deemed binding on the customer.

a. HNB will establish SOLO Support for the purposes of responding to customer inquiries, disputes and receive complaints (together referred to as a “Dispute”).

b. In the event of there being a Dispute with regard to the SOLO Digital Payment Services, the Customer shall report same to HNB by calling SOLO Support. A reference number will be assigned to each Dispute and the Dispute will be forwarded to the relevant department or division of HNB for inquiry and further action. All complaints will be monitored and duly followed up by HNB.

c. HNB will respond to the Customer on the Dispute within three (3) working days of the date of the Dispute being reported. In the event that HNB is unable to conclude the inquiry into the Dispute within this time period, then HNB will within such period of three (3) working days provide the Customer with an interim response and inform the Customer of the date by which HNB will revert to the Customer with a final response. In the event HNB concludes that the Customer’s Dispute is legitimate, HNB will in such response inform the Customer of the steps taken to resolve the Dispute. HNB may respond to a Dispute verbally or in writing.

a. If the Customer wishes to terminate the SOLO Account, Customer may do so by contacting SOLO Support and following the instructions provided therein.

b. If the Customer wishes to deactivate or remove any Payment Instrument from the SOLO Account, the Customer may do so by either following instructions in SOLO application or by contacting SOLO Support and following the instructions provided therein

c. The Customer shall pay any outstanding Charges and/or Levies, prior to deactivation or termination of the SOLO Account. Failure to do so will entitle HNB to debit the account/s linked with SOLO or any other account that the Customer has with HNB to recover such Charges and/or Levies.

d. HNB shall have the right, in its sole and absolute discretion without liability to the Customer or any third party, to suspend or terminate any one or more of the SOLO Digital Payment Services at any given time and for any reason whatsoever by giving seven (7) days’ notice or at any time at its discretion without any prior intimation.

e. Termination of any one or more of the SOLO Digital Payment Platform including the SOLO Account, will not affect the Customer’s liability in respect of any transactions and any other obligations under these Terms and Conditions. On termination, HNB reserves the right to prohibit access to the SOLO Digital Payment Services, including without limitation, by deactivating the User Credentials and to refuse future access to the SOLO Digital Payment.

f. HNB reserves the right, in its sole and absolute discretion without liability to the Customer or any third party, to impose general practices and limitations concerning the use of the SOLO Digital Payment Services, including to restrict access to some or all of the SOLO Digital Payment Services.

g. HNB at its absolute discretion without prior notice cancel the customer’s access to the SOLO Digital Payment Services and /or refuse to provide access to the Customer to create a new SOLO account in the future in the vent that HNB is of the view that SOLO Digital Payment Services is being used for illegal or unauthorized activities and / or purposes.

The Customer shall indemnify, defend and hold harmless HNB and its subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation, Merchants, other financial institutions and other Customers) (collectively “Indemnified Parties”) from and against any and all claims, losses, demands, courses of action, debt or liability, including without limitation, reasonable attorney’s fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

i. the Customer’s use of the SOLO Digital Payment Services;
ii. the Customer’s negligence or default in using the SOLO Digital Payment Services;
iii. any breach or non-compliance by the Customer of any term of the Terms and Conditions;
iv. any dispute or litigation caused by the Customer’s actions or omissions; and/or
v. the Customer’s violation or alleged violation of any applicable laws or rights of a third party.

The SOLO Digital Payment Services Platform, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the SOLO Digital Payments Platform are provided “as is”. To the fullest extent permissible by law, HNB and its subsidiaries and other affiliates, and their agents, co-branders or other partners, including but not limited to, device manufacturers (collectively, “HNB parties”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the software used on or accessed through the SOLO Digital Payments Platform, or for any breach of security associated with the transmission of sensitive information through the SOLO Digital Payments Platform. Each HNB party disclaims without limitation, any warranty of any kind with respect to the services, non-infringement, merchantability, or fitness for a particular purpose. The HNB parties do not warrant that the functions contained in the SOLO Digital Payments Platform will be uninterrupted or error free. The HNB parties shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions, or the SOLO Digital Payment Services.

a. The HNB parties are not responsible for the accuracy of any information relating to any Payment Instrument, including, without limitation, whether such information is current and up-to-date. Without limiting the generality of the preceding sentence, the Customer expressly acknowledges and agrees that such information is reported by the issuer as of a particular time established by the issuer and may not accurately reflect the Customer’s current transactions, available balance, or other account or program details at the time they are displayed to the Customer through the SOLO Digital Payments Platform or at the time the Customer makes a purchase or a redemption. The Customer may incur fees and other charges as a result of such transactions and/or the Customer’s attempt to make a purchase or redemption may not be successful.

b. In no event shall any HNB party be responsible or liable to the Customer or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any HNB party or the SOLO Digital Payments Platform, or any goods, services, or information purchased, received, sold, or paid for by way of the SOLO Digital Payments Platform, regardless of the type of claim or the nature of the course of action, even if HNB party has been advised of the possibility of such damage or loss. In no event shall HNB Party’s total cumulative liability arising from or relating to the Terms and Conditions exceed the value of the Payment Transaction relating to the claim.

c. Each party acknowledges that the other party has entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no HNB party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and internet disturbances.

a. HNB may at its discretion require the Customer to submit to HNB, documents specified by HNB, prior to re-activating the suspended SOLO Account.

b. The reporting and payment of any applicable taxes arising from the use of the SOLO Digital Payments Platform System shall be the Customer’s responsibility. The Customer shall comply with any and all applicable tax laws in connection with the use of the SOLO Digital Payments Platform.

c. HNB reserves the right, in its sole and absolute discretion and without any liability to the Customer, to change, modify or amend any portion of these Terms and Conditions at any time by notice to the Customer.

d. HNB reserves the right, in its sole and absolute discretion and without any liability to the Customer, to alter or modify the SOLO Digital Payment Services at any time by notice to the Customer.

e. The Customer may not assign any rights or obligations under the Terms and Conditions, by operation of law or otherwise, without HNB’s prior written approval and any such attempted assignment shall be void. HNB reserves the right to freely assign the Terms and Conditions and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

f. The provisions of the SOLO Digital Payment Services by HNB to the Customer and these Terms and Conditions will be governed by Sri Lankan law and is subject to the jurisdiction of the courts of Sri Lanka.

These general terms and conditions (hereinafter referred to as the “Terms and Conditions” where the context admits or requires and which term or expression shall include the terms, conditions and rules for Channel Banking Services and Savings Accounts herein contained designated in Sri Lanka Rupees or otherwise) will apply to the Customer accounts, dealings and transaction with Hatton National Bank PLC (HNB)(Registration No: PQ 82)(also referred to as “HNB” or the “Bank”) and its successors and assigns and which term shall include any of its branch.

These terms and conditions shall “Mutatis Mutandis” (with necessary changes in points of details) apply to all Customers including but not being limited to individuals, partnership, incorporated and unincorporated bodies.

The Bank reserves the right to alter, amend or add to these Terms and Conditions, and such alteration, amendment, or addition shall be deemed to be binding on all Customers.
Every amendment to these Terms & Conditions shall be made available in the WEBSITE of HNB

It is hereby agreed that Bank shall be authorized to act on signed instruction or document drawn or accepted in accordance with the operating instructions given in the Account Opening Application Form (hereinafter referred to as the “Mandate”) until such time as the Customer shall give the Bank written notice to the contrary.

I. For making standing order, direct debit, issue of draft, mail and telegraphic transfer, purchase and sale of securities and foreign currency and giving effect to and any other instruction by debiting such account whether in or otherwise; and
II. To accept any other instruction regarding such account including instruction for the closure of such account.

It is hereby agreed that Bank shall be authorized to act on signed instruction or document drawn or accepted in accordance with the operating instructions given in the Account Opening Application Form (hereinafter referred to as the “Mandate”) until such time as the Customer shall give the Bank written notice to the contrary.

I. For making standing order, direct debit, issue of draft, mail and telegraphic transfer, purchase and sale of securities and foreign currency and giving effect to and any other instruction by debiting such account whether in or otherwise; and
II. To accept any other instruction regarding such account including instruction for the closure of such account.

I. Periodic Balance Statements
Unless otherwise agreed upon, the Bank will issue periodic balance statement on the Customer’s account at such intervals to be determined by the Bank.II. Time Allowed for Objection
Any objection a Customer may have concerning the correctness or incompleteness of a periodic balance statement received by the Customer must be raised promptly, but in any event must be received by the Bank in writing on immediate receipt of such statement. In the absence of any objection within the period specified above, the periodic statement shall be deemed to be correct and binding.

I. Deposits may be made at any branch of the Bank. Withdrawals may also be made at any such branch of the Bank subject to the provisions of section 3 of these Terms and Conditions.

II. An account which carries less than the required minimum balance and which is inactive for a period more than 24 months may be closed by the Bank.

III. Cheque/s /Draft/s money may be accepted to the credit of Savings Accounts only at the sole discretion of the Bank.

IV. Interest will be calculated on the daily balance and credited monthly provided that the accounts has the required minimum balance on each such day of calculation.

V. A Savings Account holder will be issued with a Pass Book, the safety of which will be the account holder’s responsibility. The Bank must be notified in writing without delay if the Pass Book is stolen or misplaced. The Customer has an option request for an e-statement of transaction in lieu of a Pass Book.

VI. Any money deposited or withdrawn will be recorded in the Pass Book by the Bank where applicable if the Pass Book is presented at the counter. An Account holder shall examine the entries of his Pass Book carefully before leaving the Bank and satisfy himself that the entries made therein are correct. Any discrepancy must be notified to the Bank forthwith.

VII. The Pass Book should be presented at least once in every six months to have all transaction recorded therein. Transaction carried out prior to three (03) years from the date of presentation of the Pass Book will not be available for recording in the Pass Book. The Bank will not retain records of transactions exceeding the period of statutory requirement.

VIII. Subject to paragraph (vii) of this section, the Bank will reserve the right to mail by ordinary post, at its discretion the statement of transactions not recorded in the Pass Book.

IX. Withdrawal in cash can be made by the Account Holder from an Automated Machine (hereinafter referred to the “ATM”) or at the Bank counter upon the production of the Pass Book and correctly completed withdrawal form. When making an over-the-counter withdrawal, a Savings Account holder shall produce his Pass Book and the NIC together with the correctly completed withdrawal form.

X. Any transaction through an ATM is subject to the terms and conditions for the use of such machine.

(A) INTERNET BANKING

I. The Password/User ID required for the use of “Internet Banking” facility is strictly confidential and should not be disclosed to any person at any time under any circumstances.

II. The Bank must be informed forthwith by the Customer where his Password/User ID has fallen into the hands of an unauthorized party.

III. The Bank’s records and statements of all transactions processed by the use of “Internet Banking” shall be deemed sufficient and conclusive proof of such transactions and would be binding on a user for all purposes.

IV. The Bank reserves the right to modify, not process, and/or delay processing any instruction given by a user through the use of “Internet Banking”

V. For avoidance of any doubt it is hereby confirmed that the terms and conditions governing a Savings Account and such other applicable account would be binding on a use of “Internet Banking” facility.

VI. Usage of “Internet Banking” facility will be subject to scrutiny from time to time and the facility may be withdrawn by the Bank at its absolute discretion.

VII. License for Software and Documentation – When extending Electronic Banking Services (which shall include but not limited to Internet Banking) the Bank will grant the Customer a non-exclusive license to use the Electronic Banking Software and Documentation, and any revisions thereof provided by the Bank to the Customer in connection with Electronic Banking (“the Electronic Banking Materials”) on the computer equipment selected by the Customer to access Electronic Banking Service of the Bank. The Customer shall be responsible for such equipment and related transmission link. The Customer shall keep the Electronic Banking Materials strictly confidential at all times and shall copy such Materials, (except the Electronic Banking Software for security purposes), or allow any other person to access them without the Bank’s prior written consent. The Electronic Banking Materials and all copies thereof and all intellectual Property rights therein shall remain the exclusive property of the Bank at all times.

VIII. The Bank will not assume any responsibility whatsoever, for the non-availability of the on-line balance of account immediately after the conclusion of a transactions through Internet Banking, due to any technical failure.

(B) MOBILE BANKING

I. The Password/User ID required for the use of Mobile Phone Banking facility is strictly confidential and should not be disclosed to any person at any time under any circumstances.

II. The Bank must be informed forthwith by the Customer where his Password/User ID has fallen into the hands of an unauthorized party.

III. The Bank’s records and statements of all transactions processed by the use of Mobile Phone Banking shall be deemed sufficient and conclusive proof of such transactions and would be binding on a user for all purposes.

IV. The Bank reserves the right to modify, not process, and/or delay processing any instruction given by a user through the use of Mobile Phone Banking

V. Usage of Mobile Phone Banking facility will be subject to scrutiny from time to time and the facility may be withdrawn by the Bank at its absolute discretion.

VI. The Bank will not assume any responsibility whatsoever, for non-delivery of SMS due to technical failure. The Customer shall be responsible for the selection and maintenance of the equipment and the related transmission link used to engage in the Mobile Phone Banking.

VII. Only the “Approximate value” will be displayed via SMS ALERTS when currency conversion rates are utilized for processing of a transaction.

VIII. Unless otherwise decided by the Bank, Mobile Phone Banking facility will not be available for business entities including Corporate Customers which have more than one Director.

(C) ATM BANKING

The Customer shall: –

I. At all times regard the Card (for avoidance of any doubt the word “card” herein used shall mean and include a debit card but shall exclude a credit card) as the property of the Bank and surrender it unconditionally and without reservation upon demand by the Bank.

II. At no time use or attempt to use the Card unless there are sufficient funds in the Account to cover the withdrawal or transfer.

III. Use the Card exclusively as it is not transferable.

IV. Not use or attempt to use the Card after a notification of its cancellation or withdrawal has been given to him by the Bank or by any person acting on behalf of the Bank.

V. At no time and under no circumstances disclose the Personal Identification Number (PIN) allotted to him to any person to facilitate the use of the Card in the Bank’s ATM.

VI. Notify the Bank forthwith of the loss or theft of the Card and shall bear the replacement cost of the Card as may be prescribed by the Bank.

VII. Accept full responsibility for any transaction processed from the use of the Card except any transaction carried out after the Bank shall have confirmed to the Customer that it has received notice of loss or theft of the Card or of unauthorized acquisition of the PIN.

VIII. Subject to para (VII) above, accept the Bank’s record of withdrawals and/or transfers as conclusive and binding for all purposes and authorize the Bank to debit his Account with any amount withdrawn or transferred with or without his knowledge or authority.

IX. Acknowledge that the amount stated on the ATM screen or a printed inquiry slip or receipt advice shall not for any purpose whatsoever be taken as conclusive of the state of the Customer’s Account with the Bank.

X. Not hold the Bank liable, responsible or accountable in any way whatsoever arising or caused by any malfunction or failure of the Card, the ATM or the insufficiency of funds in the ATM.

XI. Notwithstanding and without prejudice to the generality of the provision of para (X) above, use of the Card at his own risk and the Customer shall assume any risk incidental to or arising out of the use of the Card.

XII. Agree that the Bank will not be responsible for the transaction with the Card not being honored for any reason whatsoever.

XIII. Return the Card for cancellation should it be no longer required or should the Account with the Bank for any reason be closed.

XIV. Agree that the Bank shall be liberty to terminate the facility at any time without notice to the Customer by cancelling or refusing to renew the Card.

XV. Agree that every Card Transaction effected in a currency other than Sri Lankan Rupees will be debited the Customer’s Account after conversion into Sri Lankan Rupees at a rate of exchange determined on the exchange rate adopted by Visa International on the date of conversion and increased by an additional percentage levied by the Bank and any transaction fee charged by Visa international to the Bank, if applicable, which fee may be shared with the Bank.

XVI. Not use this Card to make payment for purchases of Real Estate or Financial Asset overseas.

I. COST OF BANKING SERVICES

(a) Interest and Charges

The Customer shall pay interest on monies due to the Bank and Charges on services provided by the Bank at such rate(s) and on such basis and at such time as shall be agreed in writing with the Bank from time to time or in the absence of such written agreement, as determined by the Bank.

(b) Changes in interest and Charges

In the case of a variable interest rate facility, the interest rate will be adjusted in accordance with the terms of the respective agreement. Charges for service may be changed by the Bank at its reasonable discretion unless otherwise agreed in writing.

(c) Costs and Expenses

The Customer shall pay or reimburse to the Bank immediately upon demand and the Bank shall be entitled to debit any of the Customer’s Account/s with all commissions and other charges usually charged by the Bank whether or not previously notified to the Customer and all other costs, charges and out of pocket and other expenses incurred by the Bank under these General Conditions, any Special Conditions or any other agreement between the Bank and the Customer, including legal expenses.
(d) Taxes and other Levies

The Customer shall also be liable to reimburse the Bank all Turnover Tax, National Security Levy, Goods and Services Tax or any other similar turnover based tax, stamp duties or other levies if applicable which may be payable on the transactions carried out by the Bank with the Customer.

1. Only local Mobile Number holder is eligible to request/open Account.

2. Customer should be given a Unique Reference Number/ Mobile Number for the Account Opening request.

3. Only one wallet Account per customer is allowed.

4. Customer gives the consent for the Bank to open the Account and link same to the Wallet (hereinafter referred as to SOLO)

5. An individual will not be allowed to open multiple Accounts using various Reference numbers/ Mobile Numbers for him/herself at a given time under Digital KYC verification in the absence of the physical substance.

6. The KYC information provided by the Customer in oral term will be binding on the Customer and will have the same level of authenticity as such information submitted through the application in SOLO itself.

7. Customer gives the consent to the Bank to verify identity details of the Mobile Number associated with SOLO

8. The Bank reserves the right to refuse the details submitted in the event those cannot be verified.

9. The voice responses to verification questions raised by Contact center staff would be recorded and will be treated as a proof that to be kept with the Bank’s possession.

10. Customer gives the consent to the Bank to obtain CRIB report for relevant clearance to open the Account.

11. Bank reserves the right to freeze the Account operations if physical KYC verification of an individual cannot be performed.

12. Cash deposits are not allowed till the physical verification of the individual who submitted Digital KYC details through SOLO.

13. Per transaction limit and per day transaction limit will be determined by the Bank till the physical verification of the individual done by the bank and thereby any transactions will not be processed violating the set limits

14. Customer may entertain the Internet, Mobile Banking facility and Finacle Alerts Service once funds received to the Account at the discretion of the Bank.

15. Customer may be provided with a separate Debit card at the request of the Customer made through the SOLO.

II. DEATH, INCAPACITY OR BANKRUPTCY

On the incapacity of the bankruptcy of the Customer, the Bank is entitled to require the production of the documentary evidence thereof (such as letters of administration, relevant court orders or any equivalent thereof) in form and substance acceptable to the Bank before the Bank permits the disposal to or by any person who is designated as executor, administrator or other personal representative of the Customer or deceased, and trustee or receiver of assets or any purported beneficiary of the assets. The original of any documentary evidence must, if the Bank so requests, be submitted together with an English translation (where applicable) acceptable to the Bank. The death, incapacity or bankruptcy of any joint account holders shall not bind the Bank until it receives written notice of such fact form a source which it considers to be reliable. Upon receipt of the relevant notice, the Bank shall be entitled to freeze the Account(s) until it receives to its satisfaction, the evidence as mentioned above.

III. FOREIGN CURRENCY RISK DISCLOSURE

The Customer hereby declares that he/she is fully aware of the risks of losses involved in foreign currency investments and the Customer is willing and able to assume the financial and other risks involved and that the Customer will in no way hold the Bank responsible for any loss which the Customer may incur in connection therewith.

IV. BANK SECRECY

The Bank has a duty to maintain secrecy about any Customer-related facts under the Common Law and a similar obligation is imposed upon its officers under section 77 of the Banking Act No. 30 of 1988. However, the Bank may disclose information concerning a Customer is in the performance of its duties or in order to comply with any provision of law.

V. DISCLOSURE

The Customer hereby authorizes the Bank to disclose any information relating to him or his transactions or accounts to:

I. Any guarantor of, or third party provider of security for, the Customer or its Account(s) with the Bank in respect of any banking facility or service provided by the Bank to the Customer; or

II. Any actual or potential assignee, participants or contractual party in connection with any rights or obligations of the Bank in relation to the Customer

VI. PRINCIPAL OF LIABILITY

In the performance on its obligations, the Bank shall only be liable for the willful default or gross negligence on the part of its staff. In the event that the Customer has contributed to the occurrence of the loss by the Customer’s own fault (e.g. by violating the duties as mentioned in these Conditions), the principles of contributory negligence shall determine the extent to which the Bank and the Customer shall have to bear the loss.

VII. INDEMNITY

The Customer shall indemnify the Bank against any or all claims, demands, actions, damages, liabilities, costs, losses, expenses and other sums which the Bank may incur of suffer in connection with or arising from giving credit or other banking facilities to the Customer or performing any banking service for the Customer, and shall reimburse the Bank upon demand for any such payment which may be made or incurred by the Bank by reason thereof.

The Customer will indemnify the Bank or any loss incurred by the Bank resulting from the fact that the Bank without any willful default on its part does not obtain knowledge of any restrictions of the Customer’s or his representative’s legal capacity.

VIII. FORCE MAJEURE

The Bank shall not be liable or any loss nor inability to perform, caused by or in connection with any event of force majeure including but not limited to riot, war, natural disaster, any circumstances beyond the Bank’s control or other occurrence for which the Bank is not responsible (e.g. strikes, lock-outs, traffic hold-ups, civil commotion, acts of domestic or foreign governmental or other authorities (whether de jure or de facto),requirements of any law or regulation, market disruption, or any act of learning/settlement agency or central depository)

IX. INFORMATION AND NOTICES

(a) The Customer shall notify the Bank without delay in writing of any changes in the Customer’s name, address and other particulars, as well as the termination of, or amendment to any powers of representation towards the Bank conferred on any (in particulars, a power of attorney) or the authority of any person. This notification duly also applies to any change to the particulars of the Customers in any public register and also exists where the powers of representation are recorded in such public register and any termination thereof or any amendments thereto are entered in the register.

(b) All information regarding in the trade, business or occupation and financial condition or any material change in respect thereto of the Customer will be furnished by the Customer to the Bank.

(c) Particulars of any litigation or potential litigation which may tend to affect the Customer’s financial capacity shall be disclosed by the Customer to the Bank.

(d) The Bank is entitled at its discretion and without liability to send any notice, correspondence, instrument or document to the Customer by ordinary post, hand, telex or facsimile or e-mail (to the last known address, telex number or facsimile number or e-mail address of the Customer known to the Bank), and any such communication shall be deemed to have been received by the Customer two (02) days after posting (if local), five days after posting (if overseas), at the time of transmission (if by telex or facsimile or e-mail) or upon delivery (if by hand).

I. Termination Right of the Customer

Unless the Bank and the Customer have otherwise agreed in writing to a termination provision, the Customer may at any time, with reasonable prior written notice, terminate the business relationship as a whole or any particular business relation arising out of the duly signed and accepted Mandate. Provided however, that any such termination shall not affect the rights which have accrued to the Bank prior to such termination.

II. Termination right of the Bank

(a) Termination upon notice
Upon giving a notice, which in the Bank’s opinion is reasonable, the Bank may at any time terminate any business relationship as a whole or any particular relation arising out of duly signed and accepted Mandate, for which neither a term nor a termination provision has been agreed in writing. In determining the notice period, the Bank will whenever practical take into account the known legitimate concerns of the Customers.
(b) Termination for reasonable cause without notice
Termination of the business relationship or as a whole or of particular relation arising out of the duly signed out of the signed and accepted Mandate, without notice, is permitted if there is reasonable cause, which makes it unacceptable to the Bank to continue the business after having given due consideration to the known legitimate concerns of the Customers.
(c) Saving Right
Termination by the Bank of any business relationship as a whole or of a particular relation under any of the provisions above stated shall not affect the rights which have accrued to the Bank prior to such termination.

The Bank shall have the right to assign any or all its rights hereunder to another party without obtaining the prior approval from the Customer.

If at any time, any provision hereof becomes illegal, invalid or unenforceable in any respect such illegality, invalidity, or unenforceability shall not impair or affect the remaining provision hereof.

No forbearance neglect or waiver by the Bank of any of these Terms and Conditions in respect of a particular instance or occurrence shall prejudice the Bank’s rights thereafter to strictly enforce the same. No waiver by the Bank shall be effective unless it is in writing.

I. Place of Jurisdiction
Without prejudice to the Bank’s right to proceed against the Customer in any other country or in any other Court, the Customers irrevocably submits to the non-exclusive jurisdiction of the District Court of Colombo. (The Bank itself may be used only before the courts of Sri Lanka.)
II. Substantive Law
The business relationship, customer Accounts, dealings and transactions envisaged herein and the Mandate shall be governed by the Laws of Sri Lanka.Interpretation:
In this general Terms and Conditions, the words importing the singular number shall include the plural and vice versa, and words importing the masculine gender and words importing persons shall include corporations and companies.
The headings are inserted for convenience only and shall not affect the construction of this document.
Reference to any statutory provisions, regulations, rule order or direction shall include a reference to such provisions, regulation, rule, order or direction as from time to time re-enacted, amended, extended, supplemented or replaced.

I/We hereby specifically agree and grant consent to the following*:

– Processing of my/our personal data for direct marketing messages through email and/or any other channel such as SMS, telemarketing, etc.
– Exposing my/our data to third party service providers for statement printing, Card embossing, etc.
– To store my/our personal data** outside of Sri Lanka and to be subjected to non Sri Lanka jurisdiction.

*subject to the right of withdrawal of such consent in terms of Sec. 14 (1) of Personal Data Protection Act, No.09 of 2022.
**“personal data” means any information that can identify a data subject directly or indirectly, by reference to –

(a) an identifier such as a name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of that individual or natural person.’