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.
By clicking on the “Get Started” button below, the Customer accepts and confirms as follows:
That these Terms and Conditions, together with details relating to the SOLO Digital Payment Services have been explained to the Customer and that the Customer has read and understood these Terms and Conditions and such details and agrees and consents to be bound thereby.
In this document and pertaining to the use of the SOLO Digital Payments Platform, unless otherwise specified:
a. “Customer”means a customer who chooses to utilize the functions available in the SOLO Digital Payments Platform, by accepting these Terms and Conditions and by downloading and installing the SOLO App.
b. “Daily Limit” means the maximum monetary value of transactions made through the SOLO Account during one day, where a day is a period of 24 hours commencing from 00.00 as per Sri Lanka Standard Time, which said amount may be notified by HNB from time to time and is subject to change at the sole discretion of HNB.
c. “SOLO Account” means the user account (and not any bank account or other Payment Instrument) created by the Customer on the SOLO Application, for the purposes of accessing the SOLO Digital Payments Platform and utilizing the SOLO Digital Payment Services.
d. “SOLO Application” or “SOLO” or “SOLO App” means the mobile application relating to the SOLO Digital Payments platform available for download at an approved app store.
e. “SOLO Support” means the support service provided by HNB for the purposes of the Digital Payment Services, done through the SOLO Application, details of which are available on the SOLO Website and SOLO Application.
f. “SOLO Digital Payments Platform” means the technological creation owned and administered by HNB and its associated partners in relation to the provision of the SOLO Digital Payment Services to Customers.
g. “SOLO Digital Payment Services” means the following services offered to Customers in the SOLO Digital Payments Platform:
• QR code (abbreviation for Quick Response code) is a matrix bar code provided to merchants to identify the merchants for payments • Registering for SOLO Application and adding any acceptable payment instruments for payments • Paying for Merchants by scanning QR codes • Viewing promotions and introductory demos • Payments by Customers to utility service providers registered with HNB • Paying via App check out thorough a third party mobile application • Paying via Web Checkout thorough a third party web site • Such other transactions as may be notified by HNB from time to time
h. “SOLO Website” means www.getsolo.lk
i. “Merchant Limit” means the maximum monetary value of the aggregate of Payment Transactions through Merchants that a Customer can make through the Customer’s SOLO Account during one day, where a day is a period of 24 hours commencing from 00.00 as per Sri Lanka Standard Time, which said amount may be notified by HNB from time to time and is subject to change at the sole discretion of HNB.
j. “Merchants” means the suppliers of goods and/or services who choose to utilize the functions available in the SOLO Digital Payments Platform for the purposes of their business, by registering with HNB.
k. “Mobile Device” means a mobile phone, tablet, phablet or such other mobile device that has the ability to connect to mobile telecom networks and has internet connectivity, subject always to such specification requirements as may be notified by HNB from time to time.
l. “Mobile Number” means the mobile number of the Customer that is registered with HNB and/or has otherwise been provided by the Customer when registering for the SOLO Digital Payment Services as a contact number to communicate with HNB.
m. “HNB” means HATTON NATIONAL BANK PLC, a public limited liability company incorporated under the Companies Act, No. 7 of 2007 bearing registration no. PQ 82 and a Licensed Commercial Bank licensed under the Banking Act, No. 30 of 1988, and shall include its successors and permitted assigns.
n. “Payment Amount” means the Sri Lankan Rupee amount of a Payment Transaction, together with related fees, other charges and taxes, as applicable.
o. “Payment Instruments” mean the HNB Bank Account, HNB Debit/Credit Card and such other permitted current or savings bank accounts, credit cards and/or debit cards acceptable to HNB, which the Customer has opted to register on the SOLO Account, in order to conduct Payment Transactions.
p. “Payment Transaction” means the processing of a payment that results in the debiting, charging or other related transaction of the Payment Amount, to the relevant Payment Instrument of the Customer in relation to the following transactions, further details (including limitations, where relevant) of which are set out in the SOLO Website:
i. Payments made by the Customer to/at Merchants that accept SOLO Digital Payment Services. ii. Online payments iii. Such other transactions as may be notified by HNB from time to time
q. “Registration Information” means the information and supporting evidence provided by the Customer to HNB for the purposes of satisfying the requirements applicable to the registration of a SOLO Account, as set out in clause 5.
r. “Terms and Conditions” means these terms and conditions, as may be supplemented, substituted, amended or replaced by HNB from time to time.
s. “Transaction Limit” means the maximum monetary value that can be spent for each Payment Transaction from the SOLO Account, which said amount may be notified by HNB from time to time and is subject to change at the sole discretion of HNB.
t. “User Credentials” means user IDs, PINs, passwords and biometric data registered by a Customer for the purposes of accessing the Customer’s SOLO Account and/or utilising the SOLO Digital Payment Services.
u. “JustPay” means a payment mechanism supported by the Central Bank and all the member of LankaPay Common Electronic Fund Transfer (CEFTS) to facilitate secure real time retail payment.
2. The SOLO Digital Payments Platform
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.
3. Commencement of SOLO Digital Payment Services
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.
4. Types of Customers
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.
5. Requirements to Register for the SOLO Digital Payment Services
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.
6. 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
6.1 Payment Instruments
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.
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.
8. Undertakings of the Customer
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.
9. No Endorsement of Products
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.
10. Notifications, Instructions and Prescribed Manner
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.
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.
11. Dispute Resolution
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.
12. Deactivation & Termination
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.
14. Disclaimers and Limitations of Liability
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. 15. Miscellaneous 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.