Please read the terms and conditions of this User Agreement carefully. This agreement constitutes a legally binding and enforceable agreement between you and Success Lanka Solutions (Pvt) Ltd, a limited liability Company duly incorporated and existing under the laws of Sri Lanka and having its registered office at 22, Realty Plaza, Naiwala, Veyangoda, Sri Lanka. This Agreement governs the terms and conditions subject to which you may use the Success Lanka Services provided by Success Lanka Solutions (Pvt) Ltd.
The terms and conditions contained herein may be amended from time to time with or without notice to you. Whenever this User Agreement is amended, the revised version of the User Agreement will be posted on our Application and when you click on the 'Terms & Conditions' link you will be directed to such revised version of the User Agreement. You should therefore read this User Agreement periodically so as to keep yourself updated with the terms and conditions applicable to the Success Lanka services in force at any given time. Your acceptance of the terms and conditions includes acceptance of any amendments to such terms and conditions done from time to time. In the event we incorporate a substantial change in the User Agreement,
notice of same shall be posted on our Application and Website at least 30 days or reasonable time prior to the change taking effect.
1.1 The Success Lanka Services
Success Lanka is an online recharge service operating on a web and mobile application platform that allows you the User to, inter alia, make payments to merchants and institutions registered with Success Lanka. It is your responsibility to ensure that you comply with all laws, regulations and rules applicable to you that govern or regulate the transactions entered into by you through Success Lanka. We do not have any control over, and are not responsible or liable for, the products or services that are paid for through Success Lanka Services. While we will ensure that any payment you make using the Success Lanka services will, subject to the terms and conditions applicable, go through and/or be duly remitted to the relevant Payee, we cannot ensure that such Payee will perform any obligation or do any act related or pursuant to such payment. For example, where you use the Success Lanka Services to pay for a utility that has been disconnected, we will ensure that the payment is remitted to the service provider but we cannot ensure that the service provider will reconnect the relevant utility service.
1.2 Eligibility. To be eligible to use the Success Lanka Services, you must be at least 18 years old.
1.3 Information. In order to open and maintain an Account, you must provide us with correct and up-to-date Information. You will be required to provide this Information at the time you register with us as deemed nececery and can change from time to time.
1.4 When you first register for a Success Lanka account, and when you use the Success Lanka Services, we collect some Personal Information about you such as:
You may only use this Application to browse the content and make legitimate payments for products and services and shall not use this Application for any other purposes, including without limitation, to make any speculative, false or fraudulent payments. This Application and the content provided in this Application may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of this Application and/or the materials contained on this Application may violate applicable copyright, trademark or other intellectual property laws or other laws.
You will be liable for any losses (including the amount of any transaction carried out without your authority) if you have acted with negligence so as to facilitate that unauthorized transaction, or if you have acted fraudulently. For the purpose of this clause gross negligence shall include failure on your part to observe the security duties referred to in clause 1.5 above and any instructions contained in the User Guide, which will be updated from time to time.
If you have notified us in terms of Clause 1.5(d) above of any unauthorized access to your account or unauthorized instructions or that you suspect that someone else knows your security number, you will not be responsible for any unauthorized instructions carried out after we have had reasonable time to suspend and acknowledge the suspension of the service in respect of your Account, unless we can show that you have acted fraudulently.
For the avoidance of doubt, we will not be liable or responsible for any allegedly unauthorized transaction carried out from or through your Account prior to receipt by us of a notification in terms of Clause 1.5(d) above unless the same has taken place due to a fault or error attributable to us and/or the Application and/or the Success Lanka Services or due to our negligence.
We reserve the right to modify or withdraw, temporarily or permanently, the Application (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of the Application.
We do not warrant an error free or uninterrupted performance of the Application and/or the Success Lanka Services and/or any part or feature of the Application or the Success Lanka Services.
We will use all reasonable endeavors to maintain the Application and keep it operational so as to provide you with an uninterrupted service. However, there may be situations that render the Application and/or any part or feature thereof temporarily not operational due to reasons beyond our control and/or where we may be compelled to take the Application and/or any part or feature thereof offline and/or interrupt the Success Lanka Services or any part or feature thereof for, inter alia , maintenance, rectification or updating. In such event we will use our best endeavors to keep you informed and updated of the operational status of the Application and the Success Lanka Services so as to minimize any inconvenience to you. However, notwithstanding anything to the contrary contained elsewhere in this Agreement, Success Lanka shall not be liable to you and/or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising from or attributable or incidental to the Application and/or the Success Lanka Services and/or any part or feature of the Application or the Success Lanka Services being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to any error in the Application or the Success Lanka Services due to any reason whatsoever even if we had been advised of the possibility of such damages.
Limitation of liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE PAYMASTER SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Services Limitation. Success Lanka is not a bank and the Success Lanka Services are payment processing services rather than banking services. Success Lanka is not acting as a trustee, fiduciary or escrow with respect to your funds. Success Lanka does not have control of, nor liability for, the products or services that are paid for with or though the Success Lanka Services. We do not guarantee and cannot ensure that a Payee will complete a transaction or do any act.
No Warranty. THE Success Lanka SERVICES ARE PROVIDED “AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. Success Lanka , OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Success Lanka will make reasonable efforts to ensure that payment instructions are processed in a timely manner but Success Lanka makes no representations or warranties regarding the amount of time needed to complete processing because the Success Lanka Services are dependent upon many factors Services are dependent upon many factors outside of our control, such as delays in the Payment Providers system or mail service.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall, if the Parties are unable to resolve such dispute through direct negotiations, be referred for final resolution by arbitration in accordance with the Arbitration.
This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
“Account" or "Success Lanka Account" means a Personal Success Lanka Account.
“Application" means the Success Lanka web or mobile platform based application through which you can access and utilize the Success Lanka Services.
“Fees" means those amounts stated in Exhibit A (Fees) of this Agreement.
“Information" means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.
"Success Lanka Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our Application or through any other means.
"Success Lanka," "we," "us" or "our" means Success Lanka Solutions (Pvt) Ltd.
"Website" means the Www.Success Lanka.lk website.