HelaPay Terms of Service

1. Introduction

HelaPay is a payment service provided by Helakuru owned by Bhasha Lanka (Pvt) Ltd, and your use of HelaPay is subject to these HelaPay Terms of Service (the "Terms"), as well as to the Helakuru Privacy Policy. Please read them carefully.

2. General Description

HelaPay allows you to transact using a bank account or a card (collectively, "Payment Instruments") that you have with a licensed commercial bank in Sri Lanka and connect to HelaPay in order to enable additional digital payment functionality. Payment Instruments may be used: (i) at participating merchant locations, using a QR code or Dynamic Link through your Helakuru mobile application that resides on your mobile device, or (ii) online through certain merchant apps, websites, and other interfaces or (iii) on your Helakuru mobile application for processing bill payments or other merchant payment transactions. When you connect a Payment Instrument, HelaPay may store the underlying account number as an encrypted token in your Helakuru account for purchases on Helakuru and elsewhere. Upon your authorization, HelaPay may provide information from your Helakuru account to third party merchants, so that such merchants can charge your payment instrument and deliver goods and services to you.

3. Using HelaPay

(a) Age Restrictions. To use HelaPay you must be 18 years of age or older.

(b) Basic Requirements. To use HelaPay you will need a Helakuru Account; a mobile device that meets the Service's system and compatibility requirements, which may change from time to time; working Internet access; and compatible software and hardware. Your ability to use HelaPay, and HelaPay's performance, may be affected by these factors. Such system requirements are your responsibility.

(c) Getting Started. You may set up HelaPay using the Helakuru application on your mobile device. After you have provided the requested information and attempted to add a Payment Instrument to HelaPay, HelaPay will check both whether your Payment Instrument's issuer currently supports HelaPay and whether the account itself is eligible to be used with HelaPay. All of a participating issuer's accounts may not be eligible. If your Payment Instrument's issuer supports HelaPay and your Payment Instrument is eligible, when adding it you will see a screen asking you to accept the terms of service. Once you have done so and successfully added the Payment Instrument, HelaPay will store an encrypted token representing your Payment Instrument’s actual account number with HelaPay. This encrypted token will be used for all in-store payment transactions using HelaPay. For payment transactions involving online merchants, HelaPay will cause either this or another uniquely generated encrypted token to be sent to the merchant as a representation of your registered Payment Instrument.

(d) Use of HelaPay. Your use of HelaPay with a given Payment Instrument is governed by these Terms as well the applicable terms and privacy policy from the issuer of your Payment Instrument. Nothing in these Terms modifies such issuer terms or privacy policy. In the event of any inconsistency between these Terms and your issuer's terms, these Terms will govern the relationship between you and HelaPay with respect to HelaPay, and your issuer's terms will govern the relationship between you and the issuer. You acknowledge that HelaPay may receive information from your Payment Instrument's issuer to display richly formatted transaction details and your recent transaction history in HelaPay. You agree not to use HelaPay for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse HelaPay, including any of its related servers, networks, or other infrastructure. You agree that HelaPay is for your personal use, with your own bank accounts.

A Payment Instrument may be removed from HelaPay on a given device and become unusable with the Service if: (i) you delete the Payment Instrument from HelaPay; (ii) you delete the Payment Instrument from your Helakuru account, or remove it as a payment method from your HelaPay Account; (iii) you erase your mobile device's stored data for Helakuru mobile application; (iv) you delete your Helakuru Account; (vi) you do not use HelaPay on the device for 12 consecutive months; and/or (vii) your Payment Instrument's issuer or payment network instructs HelaPay to remove the Payment Instrument from HelaPay.

(e) HelaPay's Role. While HelaPay enables you to store your Payment Instruments and transmit their information to merchants, HelaPay does not exercise control over: the availability or accuracy of accounts, funds, payments, refunds, or chargebacks; the provisioning of Payment Instruments to HelaPay, or addition of funds to Payment Instrument balances; or other commercial activity relating to your use of HelaPay. For any concerns relating to the foregoing, please contact your Payment Instrument's issuer. You acknowledge and agree that your transactions through HelaPay are transactions between you and the merchant and not with HelaPay or any of its affiliates. HelaPay is only a facilitator of payment transactions. For disputes relating to payment transactions conducted using HelaPay, contact your Payment Instrument's issuer or the appropriate merchant. HelaPay is not a party to your registered Payment Instruments' account holder agreements or other terms of use, and is not involved in issuing accounts. HelaPay does not make any representation or verify that any of your Payment Instruments is in good standing or that the issuer of your Payment Instrument will authorize or approve any transaction with a merchant when you use HelaPay for that transaction.

(f) Disclaimer of HelaPay’s Liability. HelaPay is not responsible for any aspect of the products or services you purchase. HelaPay’s role as a payment collection agent for the Recipient will not make HelaPay liable or responsible for breach of representations and warranties, non-provision of after-sales or warranty services or fraud with regard to the products and/or services sold by a Merchant.

(g) Bill Payment Services. HelaPay facilitates bill payment services that allow you to view your bills or eligible prepaid plans and make payments to billers through Helakuru mobile application. You understand that the bill payment services provided through HelaPay are provided by a biller aggregator with whom HelaPay has entered into a contractual arrangement. You further understand that HelaPay only facilitates bill presentment and bill payment and is only a bill payment facilitator.

4. Privacy

(a) Information HelaPay may share. In order for HelaPay to provide HelaPay services, you permit HelaPay to disclose to apps and websites that you have set up HelaPay, and to share your device, payment, and account information with your payment instrument's issuer, HelaPay’s payment acquirer and payment network such as JustPay, Visa and Mastercard. Where necessary to process your transactions, you also permit HelaPay to share your personal information with merchants, payment processors, and other third parties related to the transaction.

(b) Information HelaPay may collect. As permitted in our privacy policies, and in order for HelaPay to provide and improve its services, you permit HelaPay to collect transaction, account, and other personal information from third parties, including merchants and your payment method's issuer.

5. Termination and Suspension

We reserve the right, in our sole and absolute discretion, to suspend or terminate your use of one or more HelaPay Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these HelaPay Terms or other policies we may establish from time to time.

6. Governing Law

The HelaPay Terms of Service will be governed by and construed in accordance with the laws of Sri Lanka. You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts/tribunals having jurisdiction in Sri Lanka and irrevocably submit themselves to the jurisdiction of such courts/tribunals. You understand that We may need to share information that you provided on HelaPay in order to satisfy applicable law, regulation, legal process or an enforceable governmental request.

7. Modification of Terms

We have the right, in sole and absolute discretion, to change, modify, or amend any portion of the HelaPay Terms at any time. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.

Last Updated: 20-10-2021