Dialog Finance | Terms and Conditions

Standard Terms and Conditions

1. Introduction

These Standard Terms and Conditions apply to the LESI PAY Facility offered by DIALOG FINANCE PLC, a company duly incorporated under the Companies Act No. 7 of 2007 (Company Registration No. PB 765 PQ) and having its registered office at No. 475, Union Place, Colombo 02 (hereinafter called and referred to as ‘DF’ or ‘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) to you (‘the Borrower’) pursuant to such LESI PAY Loan Facility being approved by the Company.
Upon successful completion of the ‘Know Your Customer’ (KYC) process and subject to the Company’s sole discretion, the Company, through either Dialog Axiata PLC and/or any of its direct or indirect subsidiaries (“Dialog Group”), retailers, or any other device-providing entities that have partnered with the Dialog Group shall issue a device (“the Purchased Device”) to the Borrower upon payment of an advance/down payment by the Borrower. The remaining amount due on the device shall be extended by way of a loan/facility by the Company and the Borrower shall settle such loan/facility in instalments.
The details of the device, the amount of the down payment made by the Borrower, the total loan, the tenure of the loan, number of instalments, and all other connected information shall be more fully set out in the Offer Letter/Product Statement issued to the Borrower or the same shall be enabled for view in any online facility provided by the Company.

2. Disbursement of Funds

Upon the Borrower placing the required down payment towards the device (if any), DF shall grant the said Device Loan Facility which shall be more fully described in the Offer Letter/Product Statement, as the case may be, together with Interest, which shall be informed to the Borrower from time to time at the rate to be notified in writing. Considering the fluctuating market rate of interest at the given time, the Device Loan shall be disbursed to the entity issuing the device. The Borrower shall repay the said Loan Facility within a period as set out in the Offer Letter/Product Statement from the date of granting the Loan Facility, and in default of payments, additional interest per annum as default interest will be charged until the payment is made in full.
Notwithstanding any arrangement or writing to the contrary between the parties, the Borrower does hereby expressly agree that the aforesaid amount together with all other charges as described in Clause 3 (PAYMENTS) shall be repayable on demand to DF, and all arrangements or indulgences permitted to the Borrower to repay by instalments will be subject to the principal obligation of repayment on demand.
The Borrower also agrees that any statement extract, in writing, or other document showing the monies owing hereunder by the Borrower to DF and made out of DF systems, books, or document and signed and/or certified by any of DF’s authorized officers, shall be deemed sufficient at law and conclusive proof against the Borrower of the contents thereof without any other documents or vouchers to support the same, and the same shall further be deemed to be conclusive proof against the Borrower of the fact that the amount set out therein is due by the Borrower.

3. Payments

The Borrower shall pay the following and any other charges that will be debited to Borrower’s loan account through the Borrower’s Savings Account maintained at DF, in connection with the servicing of this Loan Facility and the balance, if any, towards the principal amount:
- charges on the normal and penal interest;
- postage and other handling charges;
- inspection, valuation, and any other incidental charges;
- any statutory payment by way of taxes or otherwise imposed by the government or any other statutory body;
- legal fees; and
- all other expenses incurred by the Company for the recovery of the monies owing to the Company.
Any delay and/or default in settling the Facility payment due and owing from the Borrower shall be subject to the default payment terms and conditions of this Agreement.

4. Device Blocking Feature and Security

The Borrower agrees that the title to the Purchased Device shall be deemed to be owned by the Company until the Device Loan is settled in full.
As set out in the Loan Application to this Agreement and as confirmed by the Company to the Borrower via the Offer Letter/Product Statement the said Purchased Device shall be placed as security for the Device Loan, and the Borrower shall not sell or transfer the Purchased Device until the Device Loan has been settled in full.
The Borrower agrees, acknowledges, and accepts that the Purchased Device contains a device blocking feature (“Device Blocking Feature”) which can be enabled/utilized by the Company for the purpose of the Device Loan, and the functions of the Device Blocking Feature are as follows:

Device Blocking Features

Enrolment Notifications: A message will be displayed on the end user device/Purchased Device to communicate initial enrolment and SIM card change events.
Overdue Notifications: Where loan payments are overdue, notifications as payment reminders shall be sent to the Purchased Device.
Blink Reminders: When an overdue payment notification fails to result in a prompt payment, a periodic blinking payment reminder will be sent.
Lock Devices: Where loan payments are overdue, the Purchased Device can be locked until payment is received.
Offline Device Locks: Device locks when offline for a considerable period.
SIM Control: SIM restrictions may apply; active Dialog SIM required.

Restricted Features

Installation of Third-Party Applications via Unknown Sources – Disabled
Developer Options – Disabled
Debugging Model – Disabled
Change of Date & Time – Disabled
Odyssey Application Uninstall – Disabled
Factory Reset – Disabled
Corporate Workspace Applications – Restricted
File Transfer via USB – Disabled
Duplicate Apps – Restricted
Smart Switch (only Samsung) – Restricted

The Company shall also retain the right to place a lien over the Savings Account...

5. Terms and Conditions

The Borrower agrees that the Borrower’s Monthly Instalment payments shall be routed...
Borrower agrees that DF will have absolute discretion to appropriate any payments...
The Borrower specifically agrees and understands that... obligation remains with Borrower.
All representations and statements made to DF by the Borrower... are true and correct.
Any material changes in financial condition shall be informed immediately.
Any litigation affecting financial capacity shall be disclosed.
DF is authorized to combine accounts and appropriate funds.
Statements produced by DF shall be conclusive proof.
Joint borrowers shall be jointly and severally liable.
Recovery not barred by Prescription Ordinance.
Representations are warranted true and correct.
DF may appoint recovery agents.
Certificates by DF officers shall be accepted as evidence.
No transfer of device or number until loan settled.
Loan must be settled before number portability.
No warranty on device quality by Company.
Device must be TRCSL approved.
Borrower consents to share personal details with retailer.
Borrower must capture selfie for verification.
Down payment collected by retailer.
No refund after device unpacked.
Device must be unpacked in Borrower presence.
Repairs via authorized service partner only.
Repayments via Genie App only.
Do not share Genie credentials.

6. Data Sharing

Borrower consents to NIC verification via DRP.
Borrower consents to Privacy Notice:
- Sharing with subsidiaries and authorities
- Sharing for legal/regulatory purposes
Borrower consents to CRIB access and reporting.

7. Material Breach

Material breach occurs if:
- Failure to pay instalments
- Failure to comply with terms

8. Consequence of Breach/Default

Agreement may be terminated after 7 days notice.
Company may:
- Activate device blocking
- Block number transfer
- Disconnect services
- Restrict new services
- Recover device
All dues become immediately payable.
Company may sell device to recover dues.

9. Waiver and Variation

No delay or omission shall be construed as waiver of rights.

10. Severability / Illegality

Invalid provisions shall not affect remainder of Agreement.

11. Exclusive Jurisdiction

Governed by laws of Sri Lanka; jurisdiction Colombo courts.

12. Notices

Notices via post to registered address.
Electronic notices via SMS/email/app are binding.
Payments shall be receipted/acknowledged.

13. Definitions

Loan Facility – Device financing facility
Offer Letter – Loan details document
Savings Account – Account with DF
Interest – Charged interest
Outstanding Loan – Amount due
Agreement – Full contract documents
Monthly/Weekly Instalment – Payment amount

The terms and condition of this Agreement shall be read in conjunction with the Loan Application and Offer Letter/Product Statement issued to the Borrower subsequent to the Loan Facility being sanctioned by the Company, which also forms an integral part of the Agreement.

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