PLEASE READ THE ENTIRE TERMS OF USE BEFORE ACCESSING OR USING THE MONETA APP & SITE.
as of 01 September, 2022
Welcome to Moneta!
This Terms of Use is an agreement between Users ("You", "Your" or "Yourself") and FinTech Hive (PVT) Ltd ("We", "Us", or "Our"), a limited liability company duly established and legally operating under the laws of the Sri Lanka. This Terms of Use governs Your access and use of the app, website (www.moneta.lk and other websites We manage), content and products provided by Us (hereinafter, collectively referred to as "Moneta App & Site"), as well as order, payment or use of the service available on Moneta App & Site ("Service or Services").
By agreeing to this Terms of Use, You also agree to additional Terms of Use, including the Terms of Use of each Service, and changes that are an integral part of this Terms of Use (hereinafter, the Terms of Use, additional terms of Use and its changes are collectively referred to as "Terms of Use"). Notwithstanding the inseparability, the additional Terms of Use supersedes the Terms of Use in case of any discrepancies among them.
We reserve the right to change, modify, add, or remove portions of these Terms of Use at any time without any prior notification. Changes will be effective when posted on the Moneta App & Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Moneta App & Site following the posting of changes to Terms of Use of use constitutes your acceptance of those changes.
This document is an electronic record in terms of Electronic Transactions Act. No 19 of 2006 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Electronics Transactions Act No. 19 of 2006.
Under this User Agreement, Moneta will grant you access to and use of Moneta App & Site and related other serivces, which will give you the ability to :
(1). purchase items and/or services from participating merchants ("Products") through their e-commerce and /or offline Stores and make payment for such purchases via separate and equal instalments as determined by Moneta without interest through the system developed by us for the implementation and administration of an online instalment payment solution, which includes performing validation checks and assessments on consumers. Participating merchants shall mean approved retailers or retail merchants that allow customers to purchase Products from their stores online or otherwise and make payment via instalments using the Moneta App & Site("Participating Merchants").
You have a full discretion either to use the Moneta App or Site, whether to use Services available on Moneta App, or to stop using the Moneta App.
We also facilitate You finding various value added services to You through Moneta App. All value added service ("Value added Service") are provided directly by independent third parties who agreed to become Our partners ("VAS Service Provider").
When ordering a Value added Service, the Moneta App & Site will connect You with the available VAS Service Provider around Your location. Thus, some Value added Services cannot be used if You do not activate the location feature.
Furthermore, if the VAS Service Provider accepts Your Value added Service request, We will inform Your order status through Moneta App & Site.
Before using Moneta App, You must agree to this Terms of Use and Privacy Policy, and register Yourself by providing information We need. When registering, We will ask You to provide Your full name, electronic mail address and mobile number. You may change Your profile information on the settings feature in Moneta App & Site.
After registering, Our system will automatically generate a verification code and send the verification code via a text message to the mobile phone number You provided. You have to verify by entering the verification code on the registration page in the Moneta App & Site.
After verifying, Our system will create personal Moneta account ("Account") for You to use the Moneta App and order Services through Moneta App & Site. Your mobile number is ascribed to Your account that You cannot create a new account with a registered mobile number. The same is true if You later change Your mobile number in the settings feature in the Moneta App & Site.
In the event that you have been logged-out from Your Account, then You need to enter your mobile phone number you provided when registering Yourself and enter the verification code, which then automatically sent by Our system to Your registered mobile phone number, on the log-in page.
THE VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS PRODUCED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND NEVER ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO ACKNOWLEDGE THEMSELVES AS OUR REPRESENTATIVES.
Your Account can only be used by You and cannot be transferred to other people for any reason. We reserve the right to refuse to facilitate orders if We know or have sufficient reasons to suspect that You have transferred or allowed Your Account to be used by someone else.
The security and confidentiality of Your Account, including registered name, electronic mail address, registered mobile number, payment details and Payment Method you choose, as well as verification code generated and sent by Our or Payment Method Provider's system are fully Your personal responsibility. All losses and risks arising from Your negligence in maintaining such security and confidentiality are borne by You. In such cases, We assume any use or order made through Your Account as Your legitimate request. You agree to accept this responsibility and ensure your Account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your Account.
Immediately notify Us upon knowing or suspecting that Your Account has been used without Your knowledge and consent. We will take actions We consider necessary and We may do toward that unconsented use.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your Account in real time by accessing your Account online. For pieces of information you are not able to update by accessing your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the Account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your Account secure and also shall be responsible for the confidentiality of your Account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
You shall use the Moneta App & Site and your Account in accordance with the operating procedures as may be determined by us from time to time. You shall have only one Account. We shall be entitled to limit your access to your Account in the following ways:
(1). Where you have failed to pay any Instalment(s) (defined below) by the scheduled due date and within any accompanying grace period (where applicable), we reserve the right to suspend you from making further orders and subsequently, where your debts to us have been referred to a third party debt collection agency, we will block access to your Account.
(2). Where we have reasonable cause to suspect that you have been involved in any immoral, deceitful, fraudulent, and/ or unlawful act within the Moneta app & Site and where devices, email accounts and/or phone numbers are being used to perform an order or create an Account and such devices, email addresses and/or phone numbers are reasonably suspected by us to be involved in connection with any unlawful act within the Moneta app & Site we:
(a). Reserve the right to conduct investigations, with internal and external third-parties, to determine the extent and impact of the suspected conduct;
(b). Reserve the right to seek your cooperation and assistance in dealing with such activities, which you hereby covenant to comply with;
(c). Reserve the right to request immediate payment from you for all outstanding debts only to us;
(d). Reserve the right to suspend any Account associated with you until such time as such act is halted or restricted to our satisfaction;
(e). Reserve the right to temporarily suspend or permanently block you from using or participating Moneta App & Site or its network of Participating Merchants;
(f). Reserve the right,, at our sole discretion, to close any Account(s) whether associated with the suspected act or otherwise; and reserves the right to report such behavior to the relevant authorities.
You may close your Account at any time provided that:
(1). You have paid in full all Instalments associated with your orders, and there are no outstanding debts owed by you to us that have been referred to a third party for collection and no suitable repayment plan as agreed by us is still ongoing;
(2). You have paid all late payment charges imposed on you, or such late payment charge has been reversed (subject to our sole discretion);
(3). There are no outstanding disputes between you and us or any Participating Merchant;
(4). There are no outstanding refunds or reversals from a Participating Merchant that are still pending processing; and
(5). You are not subject to any investigation regarding your orders, instalments or any other reason as reasonably determined by us.
We shall be entitled to close your Account:
(1). Without your consent or prior notice, if we become aware that any Account associated with you is being used by a third party or has been compromised in any way whether as a result of your actions or inactions or otherwise;
(2). If we consider that you are using the Moneta App & Site and its services inappropriately, illegally, or against the spirit of this User Agreement;
(3). If you have not paid your outstanding debts to us and:
(4). Your failure to pay persists despite we putting in place a suitable repayment plan;
(5). Your outstanding debts have been referred to a third-party agency for collection; and such collection has been carried out with limited or no success.
In such case you shall not be able to open another Account with us for a period of three (3) years or any other period of time that is deemed appropriate by law or regulation, and we reserve the rights to:
(1). Pursue any outstanding sums due and owing to us in connection with this User Agreement through third-parties and relevant legal means available to us;
(2). Notify any credit reporting agency or bureau located in Sri Lanka or any agency or bureau that reports such credit reporting information to Sri Lankan companies, and identify any outstanding debts against your known details to us as at the date of termination of this User Agreement;
(3). Should you fail to meet the eligibility requirements set out below on an ongoing basis, we reserve the right to suspend, block, withdraw, close or otherwise render inoperable your Account.
Collection, storing, processing, use and sharing of Your personal information, such as Your name, electronic mail address, and mobile phone number You provided when opening an Account are subject to the Privacy Policy, which is an integral part of this Terms of Use.
We or other parties cooperate with Us may provide Third-Party Content which You may find on the Moneta app & Site. In any event where the Third-Party Content is provided by other parties cooperate with Us ("Third-Party Content Provider"), We are not liable to any part of the Third-Party Content. Your access to or use of the Third-Party Content is Your conformity to the terms and conditions set forth by Us or the Third-Party Content Provider, including Our or Third-Party Content Provider's Privacy Policy.
Third-Party Content means any information, data, or actual news, made, edited, developed, and/or maintained by the Third-Party Content Provider itself or obtained by the Third-Party Content Provider from other third parties, where the Third-Party Content Provider is responsible to procure any permission necessary to display such Content, including but not limited to texts or writings, images, quotes, photographs, illustrations, animations, videos, voice recordings or music, title, and/or descriptions to be exhibited on the Moneta app & Site, including any link to the such.
We or other parties cooperate with Us may provide offers or promotions ("Offers") that are exchangeable for goods, Services or other benefits related to the use of Moneta App & Site. In any event where Offers are provided by other parties cooperate with Us ("Offers Providers"), We are not liable to any part of the Offers. Your access to or use of the Offers is Your conformity to the terms and conditions set forth by Us or the Offers Providers, including Our or Offers Provider's Privacy Policy.
All information, Offers contained in Moneta App & Site are intended solely to provide You the best experience when using Moneta App & Site or Services. You shall not abuse Offers received during the use of Moneta App & Site or Services.
You agree to utilize the Offers in accordance with the terms, conditions, and purpose of the Offers and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the Offers in any form of manner whatsoever.
You understand that Offers are not exchangeable for cash, have a limited validity period and are subject to the conditions that apply to each of the Offers.
You shall not use the Moneta App & Site in any way that causes, or is likely to cause, the Moneta App & Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Moneta App & Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Moneta App & Site for lawful purposes only. You are strictly prohibited from using the Moneta App & Site for;
Fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or in a manner that contravenes any anti-money laundering, know-your-customer and/or antiterrorism laws ("AML Laws") or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Sri Lanka or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" Use the Moneta App & Site for illegal purposes.
Your Submission: Anything that you submit to the Moneta App & Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
Claims Against Objectionable Content: If you believe that any content on the Moneta App & Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Sri Lanka or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("objectionable content"), please notify us immediately by following by writing to us at legal@moneta.lk. We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of objectionable content party, instances of objection, proof of objection amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.
Claims Against Infringing Content: We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at legal@moneta.lk and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information and as many relevant details of the claim including name of infringing party, instances of infringement, proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information shall be considered a legal offense and may be followed by legal proceedings, at our whole and sole discretion.
Moneta App & Site is free to download. However, We may charge price and/or fees for using certain services on Moneta App & Site.
Services available on the Moneta App & Site are subject to rates that You can find on Moneta App & Site before You order the Service. We may adjust or renew rates from time to time based on certain factors, among other location, time, type of Services and applicable laws. We may also charge price and/or fees of a certain amount as a payment to use Moneta App & Site which may be collected by Us, our affiliates, or Service Provider.
All fees and charges ("Fees" and "Charges") associated with an order are maintained in the schedule of each order along with these Terms of Use and we reserve the right to alter those Fees and Charges at our sole discretion, and will in such case amend these Terms of Use and publish the amended Terms of Use on the Site.
Order Creation Charges
You shall bear the following costs associated with each Order made:
Fees: NIL
Charges: NIL
Rescheduling Charges
The following rescheduling charges will be applicable if you would like to change the due date of your payment schedule prior to the due date.
Fees: NIL
Charges: LKR 250
Late Payment Charges
The following Late Payment Charges will be applicable if you fail to pay any Instalment(s) by their Scheduled Due Date and any accompanying grace period (where applicable).
Fees: NIL
Charges: LKR 750
Recovery Charges
We shall use third party Recovery team to recover the due You own to Us. The following Recovery effort Fee & Charges will be applicable if you fail to pay any Instalment(s) by their Scheduled Due Date and any accompanying grace period (where applicable).
Fees: 15% of the total outstanding amount
Charges: LKR 250/per recovery attempt
Legal Charges
Sometimes, we shall use Legal actions to recover the due You own to Us. The following Legal Charges effort Fee & Charges will be applicable if you fail to pay any Instalment(s) by their Scheduled Due Date and any accompanying grace period (where applicable).
Fees: 20% of the total outstanding amount
Charges: LKR 5,000
Any late payment charges, recovery charges, and legal charges incurred are calculated based on the value of the order created in the Moneta App & Site as a result of a successful transaction between you and a Participating Merchant using the Moneta App & Site to effect payment and are tabled in the Schedule to these Terms of Use as well as available on the Site.
In the case of refunds and reversals, the late payment charges will be adjusted in the following manner:
In the case of a partial Refund, any late payment charges shall be calculated based on the revised Order Value Post-Refund;
In the case of a full Refund or a Reversal, we will remove any late payment charges applied against outstanding instalments for such Refunded or Reversed Order.
We reserve the right to remove, reverse, waive or void generally any late payment charge at its sole discretion.
Payment of outstanding debts owed by you to us may be:
(a). Made automatically: we reserve the right to obtain monies from the payment method nominated by you (Nominated Payment Method), automatically to pay an instalment on the scheduled due date, and such monies will first be applied against that instalment and any surplus monies (if any) obtained by us will be applied against any other outstanding debts on your Account; or
(b). Made manually: you shall make manual payments in respect of outstanding debts owed by you to us and which are not subject to automatic deduction from your Nominated Payment Method, and such manual payments will be applied in the following order of priority until the monies have all been used:
(1). First, to any outstanding instalments;
(2). Second, to any outstanding fees that shall be imposed by Us on you as a result of activities performed in association with your Account as requested by you.
(3). Third, to any outstanding charges (excluding any Late Payment fees) that shall be imposed by Us on you as a result of your failure to comply with your obligations, including late payment charges., and
(4). Last, to any outstanding late payment charges;
You may also make manual payments for future instalments which are yet to fall due, provided that you have no outstanding debts owed to us at that point in time, and such manual payments shall be applied against future instalments in the order that they would have become due. Any surplus monies will be refunded to your Nominated Payment Method.
Where there are any surplus monies which exist as credits in your Account and you have no outstanding debts, you may request for a refund and we will endeavor to refund such monies to you as soon as practicable.
We reserve the right to:
(a). Limit the number of credit cards or debit cards used to pay your instalments within a period of time as may be determined by us in its sole discretion;
(b). Limit the amount of manual payments that you shall make in respect of your Account and your orders;
(c). Only accept any repayment on any order made after 14 days from the date of the creation of the relevant order and to reject all attempted repayments before such time;
(d). Place any additional limitations on you, Participating Merchants, credit cards or debit cards, devices and Accounts as we may deem fit and reasonable to protect its financial exposure.
Disputes, reversal and refunds
(a). In the event of any dispute between the you and a Participating Merchant:
(b). You shall contact the Participating Merchant directly to file your dispute with them;
(c). You should notify us of such ongoing disputes so that we are aware of the dispute and can take appropriate action.
(d). If you are unable to resolve the dispute with the Participating Merchant, you shall raise the matter with us and we will use reasonable endeavours in good faith to (but shall not be obliged to) mediate and resolve such dispute, and in such case you acknowledge that we are not obliged to intervene and that the Participating Merchant is not obliged to follow our directions regarding such dispute; and
(e). You acknowledge that notwithstanding an ongoing dispute, you remain liable to us for any outstanding debts related to the order in dispute.
In the event of a Refund:
(a). It is your duty to notify the Participating Merchant of any refund request and to comply with the Participating Merchant's refund process and any other statutory requirements in relation to such refund process, and you and the Participating Merchant shall reach an agreement regarding the refund amount without our involvement and prior to the Participating Merchant lodging a refund request with us;
(b). The Participating Merchant shall lodge such refund request with us within fourteen days (14) calendar days of the creation of the order and any refund request beyond this time must be expressly agreed between you and the Participating Merchant, and the Participating Merchant shall notify us within 24 hours of such agreement to refund;
(c). Where a full refund is agreed as between you and the Participating Merchant, you shall return the disputed Product(s) (where applicable) to the Participating Merchant and the Participating Merchant shall acknowledge receipt of the disputed Product(s), upon which:
(1). we will refund such amount that you have already paid in relation to the disputed order; and
(2). Your Account will be updated to reflect the full refund.
(d). Where a partial refund is agreed as between you and the Participating Merchant, you shall return the disputed Product(s) (where applicable) to the Participating Merchant and the Participating Merchant shall acknowledge receipt of the disputed Product(s), upon which:
(1). We will prorate the instalments according to the revised order value taking into account the partial refund;
(2). In respect of each instalment repayment already made, we will credit your Account with an amount equivalent to the difference between the original and pro-rated instalment;
(3). Such credits may be used to pay the prorated instalments that become due and payable; and
(4). Where such credits are insufficient, you will top up the outstanding balance; and
(5). Where such credits exceed the outstanding debt such that additional credits remain after all pro-rated instalments have been repaid, we will refund the value of such additional credits to you; and
(6). Your Account will be updated to reflect the partial refund.
(e). For the avoidance of doubt, we are not obliged to contact or to seek a refund or reversal on your behalf or on the behalf of the Participating Merchant and we are not obliged to do anything until the Participating Merchant lodges a refund request.
(f). Upon receipt of a reversal or refund request, we shall, within a reasonable time, process such request and pay such refund amount to our payment processor to be processed in line with the payment processor's practices. In this regard, you acknowledge and agree that any refund amount due to be repaid to your nominated payment method is subject to handling methods outside our control and you shall not hold us responsible for any delays caused directly or indirectly by any financial institution or its agents associated with your nominated payment method.
Tax
You shall be solely responsible for any matters relating to tax or additional fees arising from your use of the Moneta App & Site as per law, including but not limited to: tax determination; payment of any taxes or fees required by any governmental or regulatory authority; and payment of any fees or commission incurred in connection with any exchange of monies associated with any order;
Representations and warranties
We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products sold by Participating Merchants. We do not implicitly or explicitly support or endorse the sale or purchase of any Products from the Participating Merchants. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
We are not responsible for any non-performance or breach of any contract entered into between you and the Participating Merchants. We cannot and do not guarantee your actions or those of the Participating Merchants. We are not required to mediate or resolve any dispute or disagreement arising from transactions between you and any Participating Merchant.
We do not have any obligations or liabilities in respect of any transaction between you and the Participating Merchants.
Placement of Orders
Each time you make an order, these Terms and Use as they stand on the date of placement of the order, shall be applicable to such order.
For every order you make, you give unconditional and irrevocable consent for us to pay the corresponding order value to the Participating Merchant on your behalf, and you agree to pay your Instalments according to the repayment schedule.
Upon making of your order, we will advise you of the outcome of such order request:
Where the order request is unsuccessful, we will provide you with a reason for the failure and allow you to attempt the order again for a maximum number of tries within a period of time as we may determine in our sole discretion;
Where the order request is successful, we will provide you with your repayment schedule and inform you the receipt for your first Instalment paid (where applicable), and we will notify the Participating Merchant of the successful order to request that they fulfil your order.
Placement of Orders
All Orders placed are subject to our assessment and discretion and we reserve the right to reject or cancel an order where:
We have a reason to suspect, or becomes aware, that you may have or have materially breached these Terms and Use;
You fail to satisfy any of our validations, checks and assessments;
Requested by the Participating Merchant associated with the order, and in such case we are not responsible for such rejection or cancellation and you should reach out to the Participating Merchant should you have any queries relating to it;
You have exceeded or will exceed your Purchase Limit;
The Participating Merchant associated with the order has exceeded or will exceed its exposure limits;
We suspect or becomes aware of suspicious activity from you within our Moneta App & Site which may contravene applicable laws and/or regulations including, but not limited to, AML Laws; or
We suspect or becomes aware generally that the Participating Merchant and/or their systems have been or may have been compromised,
Where the Product from the cancelled Order has not been delivered to you, we will, on a best endeavours basis, refund the monies paid by you and associated with the cancelled Order to the same nominated payment method.
Instalment Repayments
Your repayment to us of the order value will be split into such number of separate and equal instalments over a specified period of time as shall be determined by us at our sole discretion ("Instalments").
Where the order value cannot be evenly split into such a number of equal Instalments as shall be determined by us at our sole discretion, we may adjust the Instalments accordingly and will ensure that the total amount due to be paid by you remains unchanged.
We will generate a repayment schedule at our discretion, outstanding debts (if any), and track record of previous Orders and Instalment Repayments ("Repayment Schedule"), and depending on the Repayment Schedule generated, your first Instalment shall be due:
At the time of making the order; or
At such a later time after the order is made as may be determined by us at our sole discretion.
Where your first Instalment is due at the time of making the order and you are unable to pay the first Instalment (whether due to insufficient funds in your Nominated Payment Method, or the transaction is declined by the relevant financial institution, or a general failure of the online payment process), we may decline the order request.
We will remind you in advance of each Instalment and their respective scheduled due dates via SMS and Moneta App & Site. You undertake to ensure that your Nominated Payment Method has sufficient funds to pay the Instalments on their respective scheduled due dates.
In the event that any Instalment Repayment is unsuccessful due to a failure to obtain funds from your Nominated Payment Method, we will advise you accordingly and grant you an immediate grace period to pay such Instalment through alternative payment methods nominated by you.
If you are unable to pay your Instalments, you shall contact us via email at support@moneta.lk to discuss and put in place a suitable Repayment Plan.
If you fail to pay an Instalment on the scheduled due date and within any accompanying grace period (where applicable), and you have not contacted us with respect to a suitable repayment plan, we may impose a late payment charge in accordance with the Schedule.
Upon successful payment of all Instalments relating to an order, we will advise you accordingly and notify you of any outstanding debts which you shall owe to us (as a result of late payment charges or otherwise).
We only provide official Moneta App & Site software on official digital markets, such as Google Play Store or Huawei App Store, and for use on mobile phones or tablet devices only. Downloading the Moneta App & Site from platforms other than official digital markets and/or to devices other than mobile phones or tablets is a violation of these Terms of Use and of Our intellectual property rights.
Moneta App & Site and Services, including but not limited to names, logos, program codes, designs, trademarks, technologies, database, business processes and models, are protected by copyright, trademark, patent and other intellectual property rights available under the laws of the Sri Lanka which registered either on behalf of Us or Our affiliates. We (and our licensors) have all the rights and interests of the Moneta App & Site and Services, including all intellectual property rights related to all features contained therein and related intellectual property rights.
Subject to this Terms of Use, We grant You a limited, non-exclusive, irrevocable, non-transferable (without the right to sublicense) license to (i) download, access and use the Moneta App & Site, as is, only on the devices in the form of Your personal mobile phone and/or tablet and solely for the purposes of using the Service, and (ii) access or use content, information and related materials available on the Moneta App & Site solely for personal and not for commercial purposes. All rights and privileges that are not expressly granted herein are reserved by Us or Our licensors.
Any duplication, distribution, creation of derivative works, sale or offer to sell, display either in part or in full, and use of the Moneta App & Site and/or Services, either digitally or otherwise or on devices other than mobile phones or tablets, including but not limited to the use of additional applications such as modifiers, emulators, etc., which diverge from this Terms of Use, as well as the intended purposes determined by Us, is a violation of Our intellectual property rights.
You shall not:
You are fully responsible for the decisions that You made to use Moneta App & Site, Services, Third-Party Content, Offers or Payment Method. You shall treat the Service Provider, Third-Party Content Provider, Offers Provider, and Payment Method Provider respectfully and shall not engage in unauthorized, threatening or harassing behaviors when using Services, Third-Party Content, Offers or Payment Method.
You are fully responsible for any loss and/or claim arising from the use of the Moneta App & Site, Services, Third-Party Content, Offers or Payment Method using Your Account, either by You or other parties who use Your account, in a manner that is contrary to this Terms and Use, Privacy Policy, including the terms and conditions and privacy policy set forth by the Service Provider, Third-Party Content Provider, Offers Provider and Payment Method Provider, or applicable laws and regulations, including but not limited to the purposes of anti-money laundering, anti-terrorism financing, criminal activities, fraud in any form (including but not limited to phishing and/or social engineering activities), violations of intellectual property rights, and/or other activities that are harmful to the public and/or any other parties or are considered damaging to Our reputation.
We provide Moneta App & Site as is and We do not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Moneta App & Site will fulfil Your needs and suffice Your expectations, including but not limited to Services, Third-Party Content, Offers and Payment Method which are fully under the Service Provider, Third-Party Content Provider, Offers Provider and Payment Method Provider's responsibilities. We shall not responsible for any loss or damage caused by any failure or mistake of the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider or Your failure or mistake in complying to Our, Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider's Terms of Use.
Moneta App & Site may experience limitations, delays, and other issues contained in the use of internet and electronic communications, including Your, Service Provider, Third-Party Content Provider, Offers Provider or Payment Service Provider's device is broken, not connected to the internet, out of range, turned off or not functioning. We are not responsible for any delay, failure of delivery, damage or loss arises from such problems.
We do not have any responsibility to oversee Your access or use of the Moneta App & Site. However, We still supervise to ensure smooth uses of the Moneta App & Site and to ascertain compliances with this Terms of Use, applicable laws and regulations, court orders, and/or administrative institutions or other government bodies requirements.
We reserve the right to refuse to grant Moneta Services to you for any reason whatsoever. The service providers decision shall be final at all times.
We do not have any responsibility, including to take further actions or legal actions deemed necessary by You, Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider, for any problem or dispute arises between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider. We will, however, facilitate any problems or disputes arise between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider with reasonably necessary actions. When We facilitate a resolution of problems or disputes between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider, We do not act as a mediator and such an action does not cause any further responsibility to Us.
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.
You must review your Account Information and report any errors in a timely manner.
Before You sell, give away, or dispose of your Mobile Device, you must delete Moneta App & Site because unless you do, it may be used to obtain your Account Information and/or other personal information to conduct unauthorized transactions through your Moneta account.
If You experience a system failure, know or suspect that Your account has been hacked, used or misused by other parties, or if Your personal mobile phone or tablet is lost, stolen, hacked or exposed to a virus, immediately report to Us so We may conduct necessary actions promptly to avoid use, misuse, or loss arises or may arise further.
If You experience troubles or problems related to Services, Third-Party Content, Offers or payment by Payment Method, or Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider's behaviours, You may submit Your complaint through the feature that We provide, including rating and comment, or by contacting Us.
To submit complaints, questions, objections, etc. ("Report"), You need to provide sufficient information, including but not limited to, facts summary, evidence You may have, order number and personal information, such as electronic mail address and registered mobile number.
In response to the report You submit, We will first verify the information You provide and Your personal information stored in Our system. If necessary, We may ask You directly to provide information needed for verification purposes.
We may refuse to respond to Your Report if the information You provided does not match the personal information stored in Our system or if the Report submitted in relation to, toward, on behalf of or by other party that is different than the Account holder officially registered on our system. We may also stop acting upon Your Report if We, at Our sole discretion, consider that Your Report is not supported by sufficient and clear facts or has been resolved. We may also forward Your Report to the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider to be resolved directly by You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider.
For a particular Report related to the Service, We may, at Our sole discretion, facilitate a forum between You and the Service Provider for the purpose of reaching an amicable settlement. In this case, if You still deem necessary to take further actions, including any legal action, You may do so on Your sole responsibility.
For a particular Report related to the Payment Method, We may refund You by mechanisms determined by Us or together with the Payment Method Provider, at our sole discretion. We will not refund another party that differs with the registered credentials on Moneta Account or Payment Method Provider, including if You use other party's credentials to pay using the Payment Method.
You may delete the Moneta App & Site from Your mobile phone and/or tablet at any time. We do not have any obligation to you for any matter arises from the time of removal of the Moneta App & Site, temporary suspension and permanent suspension of Your Account. However, You are still responsible for fulfilling Your obligations that have arisen, including but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, before the date of the removal of the Moneta App & Site, temporary suspension or permanent suspension of Your Account.
Your account may be temporarily suspended or permanently suspended because of, including but not limited to, the following:
If Your account is suspended and You have a clear evidence that Your account should not be suspended, You may Report the evidence to Us. After further examining Your Report, We will, at Our sole discretion, determine to end or continue suspending Your account. Suspension will not be continued unreasonably if We decided matters that caused the suspension have been resolved.
If We know or have sufficient reasons to suspect that You have committed immoral acts, violations, crimes or other actions that is in contrary with this Terms of Use and/or applicable law, whether or not referred to in this Terms of Use, then We have the right to and may suspend Your Account, either temporarily or permanently, or stop Your access to Moneta App & Site, including Services, Third-Party Content, Offers and/or Payment Method contained therein, investigate, claim compensation, report to authorized parties and/or conduct other actions that We consider necessary, including criminal and civil law proceedings.
We will conduct investigations and/or facilitate the concerned Service Provider in reporting to the authorized party if We receive Reports of any violations You committed against this Terms of Use or violations to the applicable laws and regulations, with respect to:
This provision applies vice-versa when You experience the same violences mentioned above by the Service Provider.
You represent and warrant that You are at least 18 (eighteen) years old or are married and are not under guardianship or custody and that You are legally capable and have the right to bind Yourself to this Terms of Use. If You do not meet those conditions but still access or use the Moneta App & Site, Services, Third-Party Content, Offers or Payment Method, You represent and warrant that Your act of signing up, accessing or conducting other activities within the Moneta App & Site have been approved by Your parents, guardians or custodian. You expressly waive any rights under the applicable laws to cancel or revoke any and all consents You provided according to this Terms of Use when You are deemed legally mature.
You agree to access or use the Moneta App & Site, Services, Third-Party Content, Offers and Payment Method solely for the purpose as specified in this Terms of Use and not to abuse or use the Moneta App & Site, Services, Third-Party Content, Offers or Payment Method for fraudulent purposes, causing inconvenience to others, requesting fake orders or other actions that may or may be deemed to cause losses in any form toward other people.
You understand and agree that all risks arising from the use of the Moneta App & Site, Services, Third-Party Content, Offers and Payment Method are entirely Your responsibility and You hereby agree to release Us from any claims regarding damages, interferences or other forms of system disruptions caused by unauthorized access by other parties.
You expressly release Us, including but not limited to Our officials, directors, commissioners, employees, and agents, from any and all obligations, consequences, material or immaterial losses, claims, fees (including advocate fees) or legal responsibilities that arise or may arise due to Your violation of this Terms of Use, or in connection with the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider's behaviours.
Excluded from the foregoing, if there is a direct loss due to Our violation of this Terms of Use, then You agree and expressly limit the amount of Your claim as to the total amount actually incurred or paid in connection to the event.
BY CONTINUING ACCESS OR USE TO THE MONETA APP & SITE AND/OR SERVICES, YOU HEREBY AGREE TO SUBJECT TO AND COMPLY WITH ALL OF THIS TERMS OF USE, INCLUDING ALL OF ITS AMENDMENTS AND TERMS OF USE OF EACH SERVICE PROVIDER, THIRD-PARTY CONTENT PROVIDER, OFFERS PROVIDER OR PAYMENT METHOD PROVIDER. IMMEDIATELY STOP TO ACCESS OR USE THE MONETA APP & SITE AND/OR SERVICES IF YOU DO NOT AGREE TO ANY PART OF THIS TERMS OF USE.
Moneta App & Site may be interrupted by events outside of Our authority or control ("Force Majeure"), including but not limited to natural disasters, electricity disruptions, telecommunications failures, government policies, and other events. You hereby agree to release Us from any demands and responsibilities, if We are not able to facilitate Service, including to fulfill instructions You requested through the Moneta App & Site, either in part or in whole, due to a Force Majeure.
You fully understand and agree that this Terms of Use constitutes an electronic agreement and Your action of pressing the 'register' button when signing-up an Account or the 'log in' button when logging-in to Your Account is Your active consent to enter into an agreement with Us that this Terms of Use and Privacy Policy are legally valid and binding and shall continue so long as You use the Moneta App & Site or Services.
You shall not sue nor object the validity of this Terms of Use or the Privacy Policy which are made in the electronic form
You shall not transfer Your rights based on this Terms of Use without Our prior written consent. However, We may transfer Our rights based on this Terms of Use to any party at any time without prior approval from or advance notice to You.
If you do not comply with or violate the provisions of this Terms of Use, and We do not take direct action, it does not mean that We waive Our rights to take necessary actions in the future.
This Terms of Use survives upon the temporary suspension, permanent suspension, deletion of Moneta App & Site or expiration of this agreement between You and Us.
Unenforceability of any of the conditions herein will not affect the enforceability of other provisions.
We create this Terms of Use in English. Any discrepancies will be interpreted according to English.
This Terms of Use is governed by the laws of the Sri Lanka.
You fully understand and agree that any legal action or proceedings arising out of this Terms of Use shall be brought in the relevant courts or tribunals in Colombo, Sri Lanka
All disputes arising from the use of the Moneta App & Site or Services are subject to the exclusive jurisdiction of the Courts and Tribunals in Colombo.
You may contact Us by electronic mail to support@moneta.lk. All your correspondences will be noted, recorded and stored for Our records.
If you have any complaints regarding your Account, Instalment repayment calculations, outstanding debts, any of our staff or any other matter relating to us, please contact us at the details below to raise a formal complaint via email support@moneta.lk.
We aim to respond to you within 72 hours of receiving such complaint and to resolve the matter within fourteen (14) working days of receiving such complaint, failing which we will notify you of the reason(s) for such delay and if any further information or action is required from you, and you agree to provide us with all reasonable assistance, including providing any additional information requested of you, to resolve the matter.
For the avoidance of doubt, we will not accept any complaints arising out of your incapacity to pay your Instalments.
I have read and understood all of this Terms of Use and its consequences and hereby accept any rights, obligations, and conditions stipulated therein. Signed by You in terms of the Electronic Transaction Act No:19 of 2006 as amended.