TERMS & CONDITIONS
Mintpay is a payment platform which allows you to pay for your purchase from our partner Merchant over Three (03) instalments (hereinafter referred to as the ‘Facility’). The first installment shall require to be paid at the time of purchase. The remaining two installments shall be due monthly over the next two months.
In order to be eligible to receive the Facility from Mintpay, you must satisfy the eligibility criteria specified in Clause 2.4 of this Terms & Conditions.
Your request to use the Facility is subject to Mintpay’s approval. If you have any overdue payments by the time of placing a new purchase order, Mintpay shall not extend the Facility to you. For more information on assessment and checks, see clause 6.2
As a part of Mintpay’s approval process, Mintpay may conduct a pre-authorization on your credit/debit card (hereinafter referred to as the ‘Card’), up to the amount of your purchase - see clause 6.2(f)
You can pay the installments to Mintpay on or before the due date. In the event where you fail to pay the installments timely, Mintpay shall automatically process the due installment on the scheduled dates from your Card. If a payment is not processed on or before the due date, late fees will apply – initial rupees 500/- late fee, and a further rupee 300/- if the payment remains unpaid 7 days after the due date. A further rupee 300/- will be charged if the payment remains unpaid 14 days after the due date and your mintpay account will be disabled.
For each order, a maximum of rupee 2200/- late fee may be applied per order.
In the event you fail to pay the installments timely, Mintpay reserves the right to report your records.
All the responsibilities with regard to the products you purchase from the merchant, including but not limited to the delivery, quality, replacements and all refunds vest upon the Merchant from whom you make the purchase.
Please read this Terms & Conditions carefully. By clicking to accept these Terms & Conditions and using Mintpay’s Products, you agree to be bound by
- this Terms & Conditions; and
IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS:
As part of Mintpay’s approval process and Mintpay’s assessment as to whether or not you have the capability to fulfil your obligation to make future payments to Mintpay according to the Payment Schedule, Mintpay may conduct a pre-authorization of your Nominated Payment Source through a Third Party who is authorized to do so. For online purchases, Mintpay immediately instruct your bank to void this pre-authorization transaction. This pre-authorization is conducted free of charge. Mintpay does not guarantee a timeline for your bank to process this pre-authorization and make your funds available.
PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorization transaction within a few hours of the pre-authorization transaction being conducted by Mintpay. However, Mintpay does not have any control or influence over the timing of your bank’s ability to finalize this process and Mintpay makes no representations on this subject matter.
1. Welcome to Mintpay’s Website
We set out below the terms and conditions of your use of, and access to, Mintpay and the Facility. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Facility.
- 1.1 Parties to this Agreement
These Terms & Conditions is a contract between you (‘you’ or ‘your’) and Algoredge (PVT) Ltd (‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Product (hereinafter referred to as ‘Mintpay’). You agree that your acceptance of these terms and conditions, and ongoing use of our Product, shall constitute your acceptance of these Terms and Conditions.
If you do not want to be bound by this Agreement, you must not make a purchase using Mintpay.
- 1.2 Policies incorporated into this Agreement
We recommend that you store or print a copy of this Terms & Conditions (including all policies) for your records.
- 1.3 Changes to this Terms & Conditions
- We may amend these Terms & Conditions at any time for any reason including, for example, if we change the functionality of Mintpay, introduce new products, or as required by law. We will post the amended Terms & Conditions on our Website. Each time you place an Order you will be asked to agree to the then current terms of this Agreement. Please read these Terms & Conditions carefully each time you agree to its terms when placing an Order. If you do not agree with the changes, you may close your Mintpay Account in accordance with clause 3.3.
- We will not change any Terms & Conditions for an existing order that has been accepted by us; the Terms & Conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the Terms & Conditions that applied at the time you made the Order.
2. Our relationship
- 2.1 About Mintpay
- Mintpay allows you to buy goods or services offered by our online partner Merchants.
- Mintpay allows you to pay for your purchase from our partner Merchant over Three (03) instalments (hereinafter referred to as the ‘Facility’). The first installment shall require to be paid at the time of purchase. The remaining two installments shall be due monthly over the next two months.
- In order to be eligible to receive the Facility from Mintpay, you must satisfy the eligibility criteria specified in Clause 2.4 of these Terms & Conditions.
- Your request to use the Facility is subject to Mintpay’s approval. If you have any overdue payments by the time of placing a new purchase order, Mintpay reserves the right to not extend the Facility to you. For more information on assessment and checks, see clause 6.2 of these Terms and Conditions.
- As a part of Mintpay’s approval process, Mintpay may conduct a pre-authorization on your credit/debit card (hereinafter referred to as the ‘Card’) through an Authorized third party, up to the amount of your purchase – as provided for in clause 6.2(f) of these Terms and Conditions
- You can pay the installments to Mintpay on or before the due date. In the event where you fail to pay the installments timely, Mintpay shall automatically process the due installment on the scheduled dates from your Card. If a payment is not processed on or before the due date, late fees will apply as provided for in the Schedule to these Terms and Conditions.
- In the event you fail to pay the installments timely, Mintpay reserves the right to report your records.
- All the responsibilities with regard to the products you purchase from the merchant, including but not limited to the delivery, quality, replacements and all refunds vest upon the Merchant
- By placing an Order with our partner Merchant and using Mintpay, you provide us with unconditional and irrevocable consent and direction to pay (or procure an Mintpay Affiliate to pay) the Merchant on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with these Terms & Conditions the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Merchant) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date, as set out in Clause 4.
- You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from our partner Merchant paid for using Mintpay. We cannot ensure that the Merchant you are dealing with will complete the transaction.
- We do not:
- Enter into a partnership, joint venture, agency or employment relationship with you;
- Guarantee the identity of any Merchant;
- Determine if you are liable for any taxes; or
- Collect or pay any taxes on your behalf that may arise from your use of Mintpay.
- 2.2 Your Consumer Rights
As a consumer, you are entitled to exercise consumer rights granted by the Consumer Rights Authority of Sri Lanka. These Consumer Rights include:
- statutory guarantees under the Sri Lankan Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and
- non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
- 2.3 No warranty
- Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.
- Except as required by law, we do not guarantee continuous, uninterrupted or secure access to Mintpay, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.
- 2.4 Your eligibility
- To be eligible to use Mintpay you must:
- be an individual who is at least 18 years old;
- be capable of entering into a legally binding contract;
- have a valid and verifiable email address and Sri Lankan mobile telephone number;
- provide a valid delivery address in Sri Lanka;
- hold a Card issued by a licensed commercial bank in Sri Lanka;
- (vi) hold Sri Lankan National Identity Card, Drivers License or Passport; and
- in connection with your use of your Mintpay Account, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Mintpay Account.
- By agreeing to this Terms & Conditions, you represent and warrant that you are eligible to use Mintpay.
- 2.5 Transfers or assignments
- You cannot transfer or assign any rights you may have under this Terms & Conditions without our prior written consent, which must not be unreasonably withheld.
- We may transfer or assign these Terms & Conditions, and any right of ours under these Terms & Conditions, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under these Terms & Conditions (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under these Terms & Conditions without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.
3. Your Mintpay Account
- 3.1 Creating your Mintpay Account
- Your Mintpay account is created when you sign up on our website. Alternatively, you may also create Mintpay account when you place your purchase through our partner merchant and opt for Mintpay as your payment method.
- At the time of creating your Mintpay account, in order for us to verify your identity, you will be required to upload both a front and rear image of either your National Identity Card or your driver’s License and an image of yourself.
- Upon completion of the registration process, you will be sent a verification link to the nominated email address you had provided. Your Mintpay account will be activated within 24 hours of having clicked on this verification link. If you have any concerns of queries regarding the creation of your account, kindly contact firstname.lastname@example.org.
- Upon the creation of your Mintpay account, you will be required to select and enter a secure password. Thereafter, you may access your Mintpay account using your credentials, through our Website.
- Maintaining the security of your Mintpay account details is your responsibility. We will not take responsibility for any unauthorized access or use of your Mintpay account unless we have failed to take reasonable steps to prevent such unauthorized access or use.
- You acknowledge and agree that if a person places an Order with our partner Merchant by using your Mintpay Account (whether with or without your authorization), that person will be deemed to be you for the purposes of this Terms and Conditions and that will not (subject to clause 3.1(c) affect your obligations under this Terms and Conditions, regardless of whether:
- we are or at any time become aware of that or the use of your Mintpay Account not being authorized by you;
- there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person and the Merchant; or
- any rights or claims that we or the merchant may have against that person. Except to the extent any use of your Mintpay Account by such a person is due to our negligence, willful misconduct or breach of these Terms & Conditions.
- 3.2 Your obligations to us as a holder of a Mintpay Account
By holding an Mintpay Account with us, you agree that you must:
- Pay any applicable Fees arising from the use of Mintpay and your Mintpay Account;
- Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Mintpay Account);
- Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Mintpay Account via our Website;
- Provide to us in a timely manner all documentation relating to your identity that is requested by us;
- Not use your Mintpay Account or Mintpay for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;
- Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Mintpay Account;
- Be aware of and pay any taxes that may apply to your use of Mintpay;
- Not permit others to use your Mintpay Account, or allow anyone else to have or use your account password details;
- Not use any technology (device, software or hardware) to damage, intercept or interfere with Mintpay;
- Immediately contact us if you believe that your Mintpay Account may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach;
- Not create liability for us or cause us to lose (in whole or in part) the services of our merchants;
- Authorize us to disclose Card-related profile and purchase behavior information to third parties (including, without limitation, Visa, AMEX and MasterCard) for the purpose of eliminating fraud and illicit behavior; and
- Not open or use more than one Mintpay Account.
- 3.3 Closing your Mintpay Account
- You may request to close your Mintpay Account by contacting us directly. You may only request to close your Mintpay Account if:
- all amounts owing to us by you (including any Late Fees) have been paid in full to us; and
- no disputes or refunds are in progress.
- You may not close your Mintpay Account to evade investigations of any nature.
- We may close your Mintpay Account for any reason, within our reasonable discretion. This Terms & Conditions will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).
- Except as otherwise stated, this Terms & Conditions will be terminated once your Mintpay Account is closed. However, you will remain liable for all outstanding obligations related to the Mintpay Account even after it has been closed.
- We may immediately limit your access to Mintpay or suspend or close your Mintpay Account where we have reasonable cause to do so including, without limitation, where:
- we reasonably consider it necessary to do so in order to:
- protect the integrity of Mintpay or our Products;
- prevent fraud;
- limit the risk of money laundering or terrorism financing; or
- otherwise protect us against legal, regulatory or non-payment risk;
- you do not pass our verifications or checks, including our pre-authorization check described in clause 6.2(d);
- we reasonably suspect, or are aware, that you have breached these Terms & Conditions in a material respect (including by failing to make any payment due under these Terms & Conditions by the payment due date or by providing us with false, inaccurate or misleading information or using your Mintpay Account in breach of these Terms & Conditions); or
- we otherwise reasonably consider the activity associated with the Mintpay Account to be suspicious.
- We will take best efforts to provide written notice to you before closing your Mintpay Account, in the circumstances described in clause 3.3(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Mintpay Account in accordance with clause 3.3(e), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Mintpay.
- Despite clause 5(f), where your Mintpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until:
- all amounts you owe to us have been paid to us; or
- the date which is 120 days after your last Order whichever is sooner. After that time, the Merchant will be solely responsible for processing all product returns and associated refunds.
4. Orders, Payments and Billing
- 4.1 Order Confirmation and Payment Schedule
- All Orders which you place with Mintpay are subject to approval by us, in our reasonable discretion. We may choose not to approve an Order through Mintpay, or may cancel an approved Order before the goods or services are delivered or supplied, if:
- we reasonably consider this necessary in order to:
- protect the integrity of our systems or Mintpay;
- prevent fraud;
- limit the risk of money laundering or terrorism financing; or
- otherwise protect us against legal, regulatory or non-payment risk;
- you do not pass our verifications or checks, including those described in clause 6;
- we reasonably suspect, or are aware, that you have breached this Terms & Conditions in a material respect (including by failing to make any payment due under this Terms & Conditions on the payment due date);
- an Order is made with a Merchant in a different jurisdiction that is not permitted by us; or
- we otherwise reasonably consider the Order to be suspicious.
- Once an Order which you have placed with Mintpay has been approved, as a first-time customer, you will be entitled to split into 3 equal installments for any purchase up to a total value of LKR 5,000/- as specified in your Payment Schedule. Additionally, any Charges or Fees, if any, payable by you for the use of Mintpay or your Mintpay Account will be set out in Schedule 1. This price limit of LKR 5,000/- shall be increased at the sole discretion of Mintpay.
- If we cancel an approved Order:
- we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Mintpay in relation to a payment for the approved Order, that payment will not be refunded by Mintpay. Any return of funds in that event will be as between you and your issuing bank. The merchant will not be obliged to deliver the goods subject to the respective Order, unless required to do so by law;
- you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and
- if you wish to proceed with the purchase from the Merchant, the Merchant may accept an alternative payment method in its discretion, or if required to do so by law.
- Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.
- You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Mintpay Account, otherwise Mintpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorize us to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Mintpay reserves the right to re-attempt to process the payment at a later time or date.
- 4.2 Automatic Payments
- An ‘Automatic Payment’ is a payment, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Nominated Payment Source when your Mintpay Account is being created. You can update or change your preferred Nominated Payment Source at any time via your Mintpay Account.
- Subject to the other terms of these Terms & Conditions, you hereby expressly consent to, authorize and instruct Mintpay to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and these Terms & Conditions.
- You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.
- If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorize us to satisfy any monetary liability you owe us by:
- Debiting your Nominated Payment Source at a later time or date;
- Debiting any other Card which you have provided details of;
- Offsetting the payment amount against any amounts we may owe to you; or
- Any other legal means.
Please see clause 4.3 below for more information regarding Late Fees.
- 4.3 Late Payments
- If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.
- We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of Mintpay’s error, please let us know, and we will waive or refund such fees, as relevant.
- 4.4 Fees
Charges or Fees, if any, payable by you for the use of Mintpay or your Mintpay Account will be set out in Schedule 1 to these Terms & Conditions.
- 4.5 Interest
No interest charges are payable by you for the use of Mintpay.
- 4.6 No set off
Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under these Terms & Conditions without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.
- 4.7 Higher Upfront payment
Where the Original Order Value exceeds your approved spending limit with Mintpay, you may be offered the option to pay an instalment at the time of purchase which is higher than 33.34% of the Original Order Value (Higher Upfront Payment).
- If you decide to return goods to a the merchant, which have been purchased using Mintpay, and request a refund, or a return and refund are otherwise accepted by the Merchant or permitted by law, you will directly arrange the return with the Merchant, ensuring that the goods are returned according to the Merchant’s returns policy or other instructions or your rights at law.
- It is your responsibility to notify the Merchant if you intend to return any goods. The return must be completed within the period specified by the Merchant and, in the manner, required by the Merchant’s returns policy or as otherwise permitted by the Merchant.
- Unless we are notified by a Merchant that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.
- Until such time that the Merchant has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.
- Once the merchant has issued a refund to us for the goods, we will issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.
For example, if you make a rupee 3000/- purchase using Mintpay and the retailer approves a rupee 1500/- refund, we will cancel your 3rd installment of rupee 1000/-, and amend your 2nd instalment to rupee 500/-. Your new payment schedule will become 2 payments (instead of 3) of rupee 1000/- & rupee 500/-. If you had already paid 2 instalments of rupee 1000/- each, a refund of rupee 500/- would be applied to your card and the remaining 3rd installment would be cancelled.
- Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Merchant will provide any agreed refund directly to you). A longer period will apply where we have agreed a longer period with the Merchant where required based on the nature of the goods purchase by you.
6. Assessment and checks
- 6.1 Assessment
- We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.
- 6.2 Repayment capability and identity checks
- We reserve the right to verify your identity. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).
- You agree to provide any information or documentation reasonably requested by Mintpay or a merchant to verify your identity in connection with your Mintpay Account or Orders.
- You authorize us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Mintpay Orders. This may include ordering a credit report, performing other repayment capability checks and verifying information you provide against third party databases.
- You authorize us (or any third parties providing services on behalf of us) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Mintpay Account. In addition, you acknowledge that Mintpay reserves the right to report any negative activity on your Mintpay Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.
- As part of our approval process and our assessment as to whether or not you have the means to fulfil your obligation to make payments to us according to the Payment Schedule, we reserve the right to conduct a pre-authorization of your Nominated Payment Source through a Third party authorized to do so. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, or add a new Card to your Mintpay Account.
For online purchases:
- the pre-authorization amount will not exceed your total purchase amount; and
- we immediately instruct your bank to void this pre-authorization transaction.
- We cannot guarantee the time it takes for your bank to process both the pre-authorization transaction and our voiding of that transaction.
7. Our Intellectual Property
- Our Website and all content on our Website are the exclusive property of Algoredge (PVT) LTD. The information on our Website is for information purposes only and is subject to change without notice.
- You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.
8. Complaints and disputes
- 8.1 Disputes between you and a merchant
- If you have a dispute with the Merchant, you should file a dispute through direct contact with the Merchant.
- Whilst we will endeavour to facilitate communication between you and the Merchant to enable a resolution to all disputes, the outcome of your disputes with merchant will not affect our rights and remedies under these Terms & Conditions or your obligation to meet any payments due to us, except as expressly provided in clause 5.
- 8.2 Disputes between you and us
- We aim to:
- Acknowledge receipt of all complaints within 5 business days; andAcknowledge receipt of all complaints within 5 business days; and
- Resolve all complaints within 21 days.
- If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Mail: 31A, Malika Lane, Colombo 00600, Sri Lanka
- We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes
- Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
9. Dispute Resolution
- 9.1 Good faith negotiations:
If any dispute or difference (a “Dispute”) arises out of or in connection with these Terms & Conditions (including any question as to its validity or termination), the parties shall, following written notice of the Dispute (giving reasonable detail of the nature thereof) by one party to the other, endeavor to resolve the Dispute by agreement between them through good faith negotiations.
- 9.2 Determination by arbitration:
If the Dispute is not resolved pursuant to clause 10.1 within 20 Working Days after service of the notice requiring negotiation thereunder, either party may, by written notice to the other, require that the Dispute be determined by a sole arbitrator to be appointed by the parties.
- 9.2.1Cost of Arbitration
The costs of the arbitration shall, subject to any contrary determination by the arbitrator (it being the intent that the party who is found to be at fault or incorrect in the arbitration shall bear costs), be borne equally by the parties. The determination of the arbitrator shall be final and binding on the parties and there shall be no right of appeal.
10. Notices and Communications
- 10.1 How we will communicate with you
- These Terms & Conditions and any other agreements, notices or other communications regarding your Mintpay Account and/or your use of Mintpay may be provided to you electronically.
- You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and/or sent to your email address.
- Alternatively, we may choose to give notice to you by:
- serving it personally at, or sending it by post to, your nominated contact address listed on your Mintpay Account; or
- sending it to you via other electronic methods of communication using contact details listed on your Mintpay Account (including text messages).
- You consent to us using the contact details you have provided to us to:
- contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or
- contact you in relation to your Mintpay Account and/or Mintpay.
- You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication with us for quality control and training purposes or for our own protection. We do not provide any guarantee that any such monitoring or recording will be retained or retrievable.
- 10.2 How you can communicate with us
Except as explicitly stated otherwise, any notices to us should be given by mail to:
Mail: 31A, Malika Lane, Colombo 00600, Sri Lanka
- 11.1 System Outages
- Access to Mintpay or your Mintpay Account may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.
- To the extent permitted by law, and subject to clause 2.2, Mintpay will not be liable for any loss or damage which you may incur as a result of the Facility or our Website being unavailable.
- 11.2 Governing Law and Jurisdiction
This Agreement shall be governed and interpreted in accordance with the laws of Sri Lanka and shall be subject to the jurisdiction of Sri Lankan courts. The arbitration shall be governed by the Arbitration Act No 11 of 1995. The seat of Arbitration shall be Sri Lanka.
- 11.3 Limitation of Liability
- To the full extent permitted by law, and subject to clause 2.2:
- Mintpay’s liability for all claims arising under or related in any way to these Terms & Conditions no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees;
- Except for claims arising in respect of clause 11.5, your liability for all claims arising under or related in any way to these Terms & Conditions no matter how arising (including the indemnity in clause 11.4), and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees; and
- Neither party (including in relation to Mintpay, its related bodies corporate, or any third party providing services on behalf of us), will be liable for any Consequential Loss arising under or related in any way to these Terms & Conditions no matter how arising and whether in contract, tort (including negligence) or otherwise.
- You acknowledge that any consumer-related claims you may have in respect of the goods or services purchased from the Merchant will be a matter between you and the Merchant, subject to any obligation on us to process refunds and cancel future payments in accordance with these Terms & Conditions and our agreement with the merchant.
- To the extent permitted by law, a party’s liability to the other party under or in connection with these Terms & Conditions is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
- The parties will take all reasonable steps to mitigate any loss incurred by them under these Terms & Conditions.
- 11.4 Indemnification
- You are responsible to Algoredge (PVT) LTD and any related companies of Algoredge to the extent they are involved in the provision of Mintpay for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred:
- in connection with any claim or demand made by any third party due to or arising out of your breach of these Terms & Conditions, or your breach of any law or of the rights of a third party relating to your use of Mintpay or Website; and
- as a direct or indirect consequence of unauthorized users accessing your account as a result of your negligence. To the extent that clause 11.4(a) gives a non-party rights, Mintpay contracts as trustee of the rights given under that clause.
- Your liability under clause 11.4(a) will be reduced proportionately to the extent that Mintpay, its contractors or agents:
- caused or contributed to the relevant claim, demand, loss or damage; or
- failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.
- 11.5 Breach relating to misuse of Mintpay
- You acknowledge that it is imperative that we are able to rely on:
- the information you provide to us;
- the identity that you use; and
- that your use of your Mintpay Account and the Facility be for the intended purpose.
- You acknowledge that a breach by you of any obligation in these Terms & Conditions in relation to the matters in clause 11.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Mintpay and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Mintpay or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.
- If we reasonably consider that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Mintpay Account and our Product, you agree, on request from us, to provide us with copies of all documents, notes or communications in relation to such alleged breach.
- This clause 11.5 survives termination of this Agreement.
‘Algoredge, We, us or our’
mean Algoredge (PVT) LTD, and can include an Mintpay Affiliate where applicable.
is the Product owned and operated by Algoredge (PVT) LTD.
means an account that you create on the Website to uniquely identify you and to enable you to use our Product.
means a related body corporate or related entity of Algoredge (PVT) LTD.
means this agreement and its schedule, together with any policies and documents incorporated by reference.
means any Sri Lankan card issued by Visa or MasterCard, excluding Gift Cards and other pre-paid cards.
Consequential Loss means any loss, damage or costs incurred that is:
- indirect or consequential; and
- any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by us directly in respect of this Agreement.
Consumer Rights has the meaning given in clause 2.2.
means the payment platform offered by Algoredge (PVT) LTD which allows you to buy goods from our partner Merchant and pay for purchase over Three (03) installments.
means any fees charged by us, as described in this Agreement, including Late Fees.
mean the fees set out in Schedule 1.
‘Nominated Payment Source’
has the meaning given in clause 4.2(a).
means a request submitted by you to us, to use an Mintpay Product to pay for goods offered by a merchant.
'Original Order Value’
means the total cost of your Order displayed to you in the Mintpay payment window (before any refunds may be applied).
means the payment products and associated services offered by Algoredge (PVT) Ltd from time to time.
means any payment method accepted by us from time to time.
means, in relation to an Order, a list of payment amounts that we are entitled to receive from you, and the relevant due dates of each payment.
means the payment Facility offered by Mintpay from time to time.
means an online retailer with which we have a merchant agreement and whose goods may be purchased by you using Mintpay.
‘You (or Your)’
means the person identified when an Mintpay Account is created. If:
- such person does not exist, or
- the name or details are used by someone who is not in fact that person, or
- is otherwise provided dishonestly or fraudulently, then You (or Your) means the person who clicks to accept these terms.
Late Fee: Sri Lankan rupee 500/- Late Fee if a payment is due from you but not received by us in accordance with the Payment Schedule, with a further Sri Lankan rupee 300/- Late Fee added seven days after the payment is due if the payment is still unpaid.
Mintpay late payment is capped at Sri Lankan rupees 2,200/- per transaction.
Other fees or charges: Not applicable