OrelPay User Agreement

This User Agreement (Agreement) is entered between you and Orel Corporation (Pvt) Limited (“OrelPay”). This Agreement is legally binding between you and Orel Corporation (Pvt) Ltd, and sets out the terms and conditions that govern your usage of the OrelPay App. By registering an account with OrelPay or using the services of the OrelPay App, you agree that you have read, understood and accepted all the terms and conditions contained in this Agreement.

The OrelPay App & services are operated by Orel Corporation (Pvt) Ltd, a company registered under the Company Laws in the Democratic Socialist Republic of Sri Lanka under company number PV72125 with our registered office at No 49, Sri Jinarathana Road, Colombo 02 (hereinafter sometimes referred to as “Orel Corporation”, “Orel”, “Us”, “We”, “Our” as the context requires shall admit, mean, and include its successors and permitted assignees).

(Hereinafter jointly called and referred to as the "Parties" and individually as "Party")

Definitions

OrelPay shall mean the OrelPay App which is a payment platform/solution which facilitates single or recurring payments.

“Services” means the services that we are providing to you as a result of your use of OrelPay.

“Terms and Conditions” means this Agreement between Orel Corporation (Pvt) Ltd and you incorporating these terms and conditions.

“Trade Marks” means OrelPay mark, words and any other trade or service marks, logos belonging to and used by Orel Corporation, including but not limited to stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark.

"You”, “Your”, “Customer”, and “User” refers to the individual or entity that has agreed to use OrelPay in accordance with this agreement by registering an account with OrelPay.

1. Scope of the Agreement

OrelPay is an online payment platform/solution that facilitates single or recurring payments enabling You to pay bills from accounts (CASA - Credit Accounts and/or Savings Accounts), send expedited payments, and make person-to-person or person electronic payments.

You agree, acknowledge, and understand that by clicking “Accept / Agree to the Agreement”, on the website for the service or via mobile application for the service that You are agreeing to form a legally binding agreement between You and Orel.

You agree that your usage of OrelPay will be governed by this Agreement and any other laws and regulations mandated by the Government of Sri Lanka.

You agree to use OrelPay in accordance with all applicable laws in Sri Lanka and will not use OrelPay for any illegal, fraudulent, or prohibited purposes.

OrelPay is not intended for use by any person other than customers authorised to use the bank account pursuant to all agreements between you and the bank that maintains your bank accounts.

2. Term

The agreement will be effective from the date of your acceptance of this Agreement ("Effective Date") and shall be in force until it is terminated by either party in accordance with the terms herein.

3. Rights and Responsibilities of Parties

  1. To be eligible for the Services provided by OrelPay, the User shall
    1. be a resident of Sri Lanka and
    2. has full legal capacity to enter into an agreement.

      3. User further represents and warrants that the user is not acting on behalf of or for the benefit of anyone else.

  2. You shall be responsible for providing valid, complete, accurate and up-to-date information for all required elements on the registration and You are solely responsible for changing and updating the same without any delay. OrelPay may request further information to be provided from time to time and You shall be responsible for providing the same as requested. Orel shall not be held liable for any damages including but not limited to the processing and/or disclosure of information which may be deemed unauthorised and the inability to provide requests/updates/notifications to You as a result of the Your failure to update all required information.
  3. Use of OrelPay requires Your device to have access to an internet connection and all bill payment/s You make through OrelPay will be transacted through various third-party service providers and you shall be responsible for any levies, charges or fees that can be imposed on those transactions by those third-party service providers.
  4. You shall bear complete responsibility for all payment instructions originating from Your device/s to OrelPay account including but not limited to any instructions that may be generated as a result of viruses, spyware, social engineering, malware or any other known or unknown attack.
  5. You acknowledge and agree that, debiting Your designated account/s for Your payment/s instructions and crediting the payee account, may not always be carried out simultaneously and that, certain instructions may be processed after a delay and/or only be processed during normal working hours even though the service may be accessible at the time.
  6. You acknowledge and agree that cancellation of the transactions and reversal of transactions shall take place through normal banking dispute resolution procedures and OrelPay shall not be held responsible or accountable for any such dispute. 
  7. OrelPay may introduce software updates or upgrades from time to time, and You acknowledge and agree that complying with such system requirements, which may be changed from time to time is solely Your responsibility. Since the use of OrelPay involves hardware, software, Internet, and other wireless communication channels and applicable updates; You acknowledge and agree that Your ability to use OrelPay may be affected by the performance of these factors. OrelPay shall not be held responsible for any malfunctions of the software in an event the User fails/failed to ensure up-to-date software as may be required for the proper functioning of OrelPay.
  8. You agree that Orel may occasionally restrict the functions of OrelPay or completely make OrelPay dysfunctional to allow for repairs or maintenance with or without prior notice.
  9. You hereby grant consent to receive notices, disclosures and other communications regarding OrelPay via email/SMS/Push notifications or any other communication method that You have specified/ requested.
  10. You accept and agree that Orel shall have the authority to introduce new acquirer institutions to the OrelPay platform without prior notice (for your convenience) once you have accepted our initial mandate at the time of installing the application.
  11. For regulatory, risk and security purposes Orel may impose limitations on the maximum amount per transaction and number of transactions per day.
  12. For Your protection, We use industry-standard security mechanisms which may change from time to time reflecting the existing threat landscape and You acknowledge and agree to such change as may be required.
  13. We recognise any login and activity in OrelPay, using Your ID and the login credentials as a valid activity by You as a registered User. You are completely responsible for Your OrelPay account being accessed and the use of the Services while logged in. Maintaining the security and confidentiality of the login credentials is the total responsibility of the User. You agree that You shall be solely responsible for any transactions through OrelPay even in the event where transactions have occurred in instances You have given your electronic device to a third party or You have disabled existing security mechanisms.
  14. You agree that in the event You cease to become an OrelPay User, We reserve the right to retain Your account registration information after cessation or termination of Your account for regulatory purposes.
  15. Orel expressly reserves the right to change, modify, update, remove, revise or otherwise change any portions of the OrelPay application at any time and in no event shall Orel be liable for any claims or damages caused by or arising out of such action.
  16. You agree to not remove, change or obscure in any way anything on OrelPay and/or the Services or otherwise use any material obtained whilst using OrelPay and/or the Services except as set out in these Terms and Conditions.
  17. You agree not to copy or use any material from OrelPay and/or the Services for any commercial purpose.
  18. You acknowledge and agree that Orel may charge from You a fee for the provision of its Services through OrelPay.

4. Suspension and Termination

Orel may, in our sole discretion, without any liability or notice to You, refuse to permit You to open an account, suspend your account or terminate your account or restrict Your usage of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to accurately identify Yourself or Your breach or violation of any of the terms and conditions of this Agreement.

You may terminate this Agreement at any time by closing your account and discontinuing use of the services. Provided that, you shall be liable for all transactions made while the account was open.

We may terminate this Agreement in the event We cease to operate/ carry out our business or operate the Company.

5. Grant of License and Restrictions

  1. Orel hereby grants You a non-exclusive, non-transferable, limited, revocable, personal right and license to access and use OrelPay for Your personal use only. You acknowledge and agree that some of the functionalities or services offered by OrelPay may be provided by OrelPay's affiliates or subcontractors on behalf of OrelPay.
  2. You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) OrelPay in whole or in part.
  3. You shall not interfere or attempt to interfere with the operation or use of OrelPay in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time-bombs, or any other means. You may not use OrelPay for commercial purposes or for any purpose that is unlawful or prohibited by OrelPay or under Sri Lankan Law. You are specifically prohibited from using OrelPay in connection with any contents, services, programs or applications that (i) are in violation of any third party's rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other malware that impact or limit the functions or services provided by OrelPay or the mobile devices supporting OrelPay.

6. Limitation of Liability

You understand and acknowledge the inherent risks in online, electronic transactions and agree that OrelPay shall not be liable or responsible for any termination, suspension or any loss, damage, expense, or cost caused whatsoever due to Your actual late payments and/or late payments or non-processing of payments due to internet connection failure or any other malfunctions in OrelPay system.

7. Security of User Information 

  1. You shall register either Your fingerprint image, retina image, password, PIN or any suitable, complex authentication mechanism available on Your device to prevent others from accessing or using the OrelPay application on Your device. You agree to keep Your authentication information confidential at all times. If you lose your device or are suspicious of possible unauthorised third-party activity, then You must take immediate steps to deactivate the OrelPay account (or contact the Help Desk) to prevent the use of the OrelPay application by others. Failure to comply with such requests will result in Orel being held harmless in the event of unauthorised transactions being carried out through the OrelPay application on your device.
  2. Orel is not bound to carry out the instructions given by the User, if OrelPay at its sole discretion believes that such instructions do not emanate from the User.
  3. The User hereby agrees to accept full responsibility for all transactions processed from the use of the OrelPay application using the User’s mobile device/OrelPay account, even if the instructions were not authorised by the user and to accept OrelPay's record of transactions as conclusive and binding for all purposes.
  4. We may ask You at any time to confirm that you comply with Anti-Money Laundering, Anti-Terrorist Financing and other similar acts or legislations mandated by the Government of Sri Lanka. Failure to comply with such requests may result in your OrelPay account being suspended.

8. Privacy

  1. OrelPay may collect information about Customers whenever they use the facility, in order to provide a better user experience via the OrelPay platform. Information may include, but not be limited to, the browser name, transactional data, location data, the type of devices and technical information such as the operating system, the Internet service providers utilised and other similar information.
  2. Orel may use any such information stored for several purposes, not limited to processing transactions, administering accounts (which includes verifying personal information in order to safeguard data) and responding to complaints.
  3. Orel may monitor the usage of the platform for security and improvement purposes.
  4. Orel adopts appropriate data collection, storage and processing practices and has implemented reasonably adequate security measures and controls to protect such information against unauthorised access, alteration, disclosure or destruction. However, Orel shall be entitled to make any disclosure required by regulations set forth by the Central Bank of Sri Lanka and the legislature of the Democratic Socialist Republic of Sri Lanka, without prior or post notification to the User.

9. Disclaimer 

  1. Disclaimer of Warranties. To the extent permitted by law, OrelPay is provided "as is", "where is" and "as available" and without warranties of any kind. To the extent permitted by law, Orel and its licensors make no representations or warranties or guarantees of any kind or nature, whether express or implied, relating to OrelPay, and specifically disclaims all such warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. without limiting the previous disclaimer, To the extent permitted by law, Orel and its licensors do not represent, warrant or guarantee that the OrelPay application will (i) operate in an uninterrupted, timely, secure or error-free manner, (ii) always be available or free from all harmful components or errors or (iii) be secure against or immune from (including the content delivered to you or the information you provided) any unauthorised access, (iv) meet any and/or all implicit and explicit requirements of the customers in relation to the use of the OrelPay platform.
  2. Disclaimer of Certain Damages. IN NO EVENT SHALL OREL OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN OREL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM OREL AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT OREL WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE AND/OR ORELPAY APPLICATION.

10. Indemnification 

The User shall be fully liable and responsible for all consequences arising from or in connection with use of the service/mobile platform/OrelPay account and/or access to any information or report or any other information as a result of such use by the Customer or any other person whether or authorised or not, by the user.

The User shall indemnify and hold harmless  Orel its directors, respective officers, employees, affiliates and service providers from and against all liabilities, claims, damage, losses, demand, costs, charges and expenses of any kind (including, without limitation, legal fees) which may be incurred by any of them and all actions or proceeding which may be brought by or against any of them, resulting from Your use of OrelPay and /or breach of the terms and conditions herein by the  User.

11. Trademarks 

All Trade Marks, service marks, logos, signs, or otherwise of Orel used on OrelPay App and/or the Services are the Trade Marks owned by Orel. You shall not use these Trade Marks, whether design or word marks (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Orel or its Trade Marks.

All trademarks, service marks, logos and designs of third-party suppliers or manufacturers, suppliers merchants and/or distributors which are displayed on OrelPay are displayed by Orel after having obtained the necessary licenses and permissions from such third parties.

12. Miscellaneous 

Force Majeure: We shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, natural disasters or other acts of God and internet disturbances.

Amendments: We may amend any portion of this agreement at any time by posting the revised version of this agreement with an updated revision date, with or without notice to you. The changes will become effective and shall be deemed accepted by you. In the event that you do not agree with any such modification, you shall close your account and terminate this agreement. You agree that we shall not be liable to you or any third party for any losses caused due to such modifications.

Governing Law: All matters relating to the use of the facility shall be governed and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. Any legal action or proceedings relating to the User’s access to, or use of, the facility or construction of this Agreement shall be referred to a Court of competent jurisdiction in Colombo, Sri Lanka. The Customer and Orel agree to submit to the jurisdiction of and agree that venue is proper in such legal action or proceeding.

Security: Parties agree to comply with the security procedures and requirements described in this agreement and such other security procedures as determined by the parties from time to time which are subject to change with prior notice to the respective party.

Assignment: You may not transfer or assign this agreement or any rights or obligations you have under this agreement. We reserve the right to assign or transfer our rights and obligations without prior notice.

Waiver -Our failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Representations: You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

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