TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) form the entire understanding with regard to the access and usage of the electronic portal (“Online Portal”) developed by us, Lynear Wealth Management (Private) Limited (“LYNEAR”), a company duly incorporated in Sri Lanka, bearing Company No. PV 93712 and having its registered office at Level 6, ‘Parkway Building’, 48, Park Street, Colombo 2.
These Terms and Conditions constitute a valid and binding contract within the meaning of applicable law.
YOU HEREBY ACCEPT AND ACKNOWLEDGE THAT BYCREATING, MAINTAINING AND USING A USER ACCOUNT ON THE ONLINE PORTAL, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS THAT SHALL GOVERN YOUR USAGE OF THE ONLINE PORTAL.
Prior to using the Online Portal, you or a person authorized by you to give instructions and / or to operate the account on your behalf (“Authorised Person"), must create and maintain a user account on the Online Portal (“User Account”) with us.
If the Authorised Person accesses and/or uses the Online Portal, we will deal with that person as if it was you using our Online Portal and you shall ensure that each of the Authorised Persons is aware of and complies with these Terms and Conditions. You will be responsible for the actions and/or omissions of the Authorised Person, including any losses arising from any instruction given by them or any payment which they may undertake.
In order to create a User Account, you or the Authorised Person must give all the information requested on the Online Portal. Only a client that is an investor of the unit trusts managed by LYNEAR (“Unit Trust/s") will be eligible to open a User Account. However, we can, at our absolute discretion decline any User Account application without giving any reason.
You understand and agree that creating your User Account in the Online Portal enables you to use the Online Portal and the services provided thereunder, including but not limited to, (i) providing Instructions pertaining to subscription and redemption of units in any of the Unit Trust/s pursuant to the manner set forth in the respective trust deed and key investor information document of each such
Unit Trust (“Trust Documents”), (ii) viewing the history of transactions carried by you through the User Account, (iv) obtaining balance confirmations with regard to the User Account, (iv) monitoring the performance of your investment in each of the Unit Trusts and (v) coordinating and communicating with LYNEAR (“Unit Trust Services”).
You will be solely responsible for maintaining the confidentiality of your log-in credentials as well as ancillary and related activities to your User Account on the Online Portal. You should inform us immediately if you have any reason to believe that your log-in credentials have been compromised or become known to anyone else, or if the information is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide to us are correct and complete and inform us immediately of any changes to the information that you provided when registering.
LYNEAR reserves the right to terminate or modify your rights to access or use of the Online Portal, without prior notification.
Unless stated otherwise in these Terms and Conditions, all instructions in relation to the User Account and Unit Trust Services given by you or the Authorised Person, on your behalf, through the Online Portal are irrevocable and binding on you (“Instructions”).
We shall be entitled to refuse to accept or act on any Instructions whether for a transaction or any matter relating to the User Account and/or the Unit Trust Services, without incurring any responsibility for loss, liability or expense arising out of so declining to act, if:-
we are unable to verify your identity or the identity of any Authorised Person to our satisfaction;
we have any doubt on the authenticity, clarity or completeness of the Instructions;
the form or content of such Instructions is not in accordance with the requirements set out in the Trust Documents or other requirements, policies or practices as we prescribed from time to time;
the Instructions are not in accordance with the mandate(s) for the time being in effect in respect of the operation of such User Account; or
the signature on the Instructions differs from the specimen signature in our records;
the investment amount required for the transaction has not been transferred or provided as per the Trust Documents;
the Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by a regulatory or governmental body;
the Instructions cannot be processed due to any disruptions that are beyond our reasonable control; or
processing the Instructions might expose us to legal action or censure from any government, regulator or law enforcement agency.
We will treat all Instructions as final and unconditional when we receive them through the Online Portal. This means that we will be entitled (but not obliged) to effect such Instructions without your further consent and notice to you.
On the death, mental incapacity, bankruptcy or dissolution of any holder of an User Account, we may at our absolute discretion freeze or suspend the User Account without being liable to you until we receive to our satisfaction, evidence of the person(s) who have the legal authority to operate the User Account and utilize the Online Portal through such User Account to obtain the Unit Trust Services.
You acknowledge that we may implement any security procedures and features we deem appropriate and / or necessary from time to time to verify your identity and that the Instructions which have been provided by you to us. Without prejudice to the foregoing, we may require confirmation of any Instructions from you in any form or manner as we deem appropriate.
LYNEAR will treat an Instruction as genuine if we believe in good faith that the Instruction is from you or any Authorised Person and there are no circumstances we are, or should reasonably be, aware of that cast doubt on the authenticity of the instruction.
LYNEAR will start processing your Instruction(s) once we receive them and may not be able to stop or change them. If we are able to stop or cancel your Instructions, we may charge a fee.
If we receive an Instruction after the relevant cut-off time on a business day (being a day on which the Colombo Stock Exchange is open for dealings) or on a non-business day, we will treat the Instruction as being received on the next business day.
We shall have the right to determine the order of priority in effecting the Instructions. While LYNEAR will try to execute your Instructions in a timely manner, LYNEAR may not always be able to execute your Instructions at any specific time or on the same business day, even if your Instructions are accepted within the cut-off time. This may be due to various constraints including, but not limited to any requirement under applicable laws governing anti-money laundering and prevention of fraud.
We may make the Unit Trust Services available on the Online Portal on different devices (for example, personal computers or mobile devices). The features of the Online Portal may vary and the access and features may differ depending on the type, system specifications and configuration of your device. To protect your User Account, we may require a certain standard of specification, software version and such other technical requirements of your device used to access the Online Portal.
If you access the Online Portal outside of Sri Lanka, your access may be limited and subject to the relevant laws and regulations of that country. We will not be responsible for any fees, charges and expenses such as IDD charges or any other charges which may be imposed by your telecommunication or other service providers in connection with the use of the Online Portal.
There may be circumstances where we may need to change the frequency and manner of use of the Online Portal, transaction limits, operating hours and types of facilities and services. In certain situations, we may have to suspend access to the Online Portal as a whole or to certain features of the Online Portal without giving you prior notice. Under such circumstances, we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.
Certain functionalities of the Online Portal may require you to elect to allow distribution of alerts via a push or other notification service. For such purpose, you are required to provide us with accurate contact details, or where appropriate, accurate contact details of you or your Authorised Person (s). Where there are any changes to your or your Authorised Person contact details, we should be notified immediately.
The alerts will include (subject to availability of the functions and features of the Online Portal), one-time password for transactions, User Account alerts and security alerts. Depending on the nature and mode of the transaction, alerts may be sent in real-time or at regular intervals on a batched basis.
Once alerts are sent to you, we will assume you have received it. You are responsible for ensuring that you are able to receive our alerts and should tell us immediately if an alert is received in respect of a transaction that has not been performed or instructed by you.
We will not be responsible for any fees or charges imposed by your telecommunication service provider for receiving the alerts.
The alert service does not free you from the responsibility of safeguarding the physical security and authorised use of your User Account.
We may introduce new or different forms of authentication service when you use the Online Portal. We may replace the authentication service from time to time without prior notice to you.
We trust that you will use the Online Portal in accordance with all applicable laws, regulations, guidelines and within our reasonable expectations. You shall not use the Online Portal for any purposes which are not authorised by us. In particular, you may not use the Online Portal for the harvesting or extraction of any data other than data pertaining to your own investments. Where we are aware of any misuse of the Online Portal by you, your Authorised Person or joint account holders, we reserve the right to terminate or suspend access to the Online Portal to you immediately without any prior notice. In such instances, we shall not be liable for any loss suffered by you as a result of such termination or suspension.
Where you or your Authorised Person has misused the Online Portal and caused loss and damage, you agree and undertake to fully indemnify us, our affiliates, suppliers and sub-contractors for such loss and damage suffered and shall pay such monies to us upon our demand.
For security and authentication purposes, we may require you to create identification numbers, passwords, personal identifiers, biometrics identifiers, digital identifiers, other codes and verification procedures whether set by you or us that would allow you access to the Online Portal (“Security
Separate Security Codes for your Authorised Person may be issued by us directly to your Authorised Person on such conditions as determined by us from time to time.
To ensure that your User Account is protected, you agree that you will:
inform us immediately if you change your mobile number or email/mailing address which are used to generate and/or receive any Security Codes;
inform us immediately if you have lost any of your Security Codes, your device used to generate and/or receive Security Codes or email addresses have been compromised;
inform us immediately if any Authorised Person to whom the Security Code is given is no longer authorised to use the Online Portal;
not disclose your Security Codes to any third party;
ensure that your Security Codes are kept in a secure manner and not accessible by any third party;
take due care of the devices that you use to generate or receive Security Codes, access online banking and email addresses and ensure that they are not vulnerable to unauthorised access;
not to use any equipment, device, software or email address which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with or compromise your use of the Online Portal; and
not install or cause to be installed (for example clicking on suspicious links), any malware or viruses that would result in your devices, email addresses or Security Codes being compromised by any third party.
If you discover or suspect any unauthorised or erroneous transactions from or to your User Account, you must immediately contact us. Upon such discovery, you agree to take such steps to protect your User Account, including changing any Security Codes, passwords to your email accounts and reporting such incidents to us immediately.
Where we are of the view that your User Account or your Security Codes might have been compromised, in order to protect your User Account, we may:
immediately lock your User Account until the issue is resolved;
require that you identify yourself by alternative means;
require any Instruction to be confirmed through alternative means (in writing, given in person at a designated location, etc.); or
refrain from acting promptly upon any Instructions in order to confirm any Instructions or your identity.
In such circumstances, your Instructions might not be processed within expected periods and we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.
In respect of unauthorised or erroneous transactions from your User Account, we shall do our best to help you, but we may not always be able to reverse such transactions. To assist us in our investigations and recovery efforts, we may:
request that you report unauthorised or erroneous transactions to the relevant law enforcement and/or regulatory authorities and provide us with such report; and/or
require information relating to such unauthorised or erroneous transactions, including how such transactions occurred.
If you are unable to or decline to provide the requested information above, this would have a negative impact on our recovery efforts.
Where such erroneous or unauthorised transactions were a result of your authorisation (whether as a result of fraud or otherwise), recklessness or mistake, we will not be liable to you for such losses. Recklessness would include any failure by you to comply with these Terms and Conditions.
In respect of unauthorised or erroneous transactions in respect of your User Account, where we are satisfied that certain sums have been credited to your User Account erroneously (including any mistake made by us), we have the right to deduct such sums from your User Account without your prior consent. We shall however notify you of such deduction.
We shall retain the right to decline providing you with any Unit Trust Services where we have reasons to believe that you do not intend to use our Online Portal responsibly.
You may subscribe to and/or purchase units of any Unit Trust by completing the forms as detailed in the Trust Documents, either electronically through the Online Portal or through any other modality including the submission of documents physically.
All investments in the Unit Trusts are subject to the terms and conditions set out in the Trust Documents.
You may provide Instructions to redeem all or any of the units of the Unit Trusts (subject to and in accordance with the terms and conditions specified in the Trust Documents) held by you under and in terms of these Terms and Conditions.
The redemption proceeds, net of any charges and expenses incurred in connection with the redemption, will be credited to the current or savings account which has been identified or designated by you as the settlement account to facilitate, inter alia, the transfer of any redemption proceeds (“Fund Settlement Account”) within such time as is specified in the Unit Trust Documents.
LYNEAR will pay your distributions in the manner set out in the Unit Trust Documents. Such payment will constitute good and sufficient discharge of the Lynear’s payment obligation to you. Your distributions will be paid into your Fund Settlement Account within a reasonable time in conformity with the Unit Trust Documents
LYNEAR may impose charges in connection with every transaction undertaken and Unit Trust Services rendered on the Online Portal. Such charges are determined by the LYNEAR from time to time and informed to you in writing.
Our acceptance of your application for the opening of the User Account and the provision of the Unit Trust Services are in reliance of your representations and warranties as set out below, all of which shall be complied with in all respects throughout the duration of the maintenance of the User Account:-
you have full capacity and authority to open, maintain and operate the User Accounts and the Unit Trust you currently have or may in future have with us and to give us Instructions in connection with the User Account and Unit Trust Services and to accept and agree to these Terms and Conditions;
no person other than you have an interest in the User Account and/or Unit Trust;
you have not created any lien, charge, pledge, transfer, assignment or otherwise encumber the monies in the User Account;
that you have not committed any act of bankruptcy and that no bankruptcy proceedings have been commenced or are being threatened against you;
that you are not in default under any agreement and no litigation, arbitration or administrative proceedings are presently current or threatened which might materially affect your solvency or otherwise impair or affect your ability to perform your obligations under these Terms and Conditions or affect your ability to use the Unit Trust Services;
no violation of any provision of any law, court orders and judgment has been committed by you;
that all documents, particulars and declarations furnished by you in respect of your application for the User Account and the Unit Trust Services are accurate and correct in all respects;
that you are not aware of and have not intentionally withheld any information or fact which may result in or give rise to the opening of the User Account and/or the Unit Trust, causing us to breach any applicable law;
that you are not involved in any illegal activities and all monies provided to us are not derived in any way from illegal activities;
you understand that information and explanations related to the terms and conditions of Unit Trusts shall not be considered investment advice or a recommendation to subscribe for the Unit Trust; and
that you accept that the Unit Trusts are subject to investment risks, including possible loss of the principal amount invested and you are fully aware of the risks involved in investing in the Unit Trust.
Your representations and warranties contained in these Terms and Conditions shall remain true and accurate so long as you maintain the User Account with us.
We do not provide any warranty of any kind of:
the Online Portal, including warranties of accessibility, quality, provision or performance of any goods or services;
any information, images, links, sounds, graphics, videos, software or other materials including quotes, news and research data that are available through the Online Portal, including warranties of accuracy, adequacy, currency or reliability;
our hyperlinks to any other websites or content, which are not an endorsement or verification of such websites or content
You hereby confirm that you have received, read, understood and agreed to be bound by the privacy notice issued by us (which is available at our website at www.lynearwealth.com (“Privacy Notice”) and the clauses in this Terms and Conditions as may relate to the processing of your personal data. For the avoidance of doubt, you agree that the said Privacy Notice shall be deemed to be incorporated by reference into these Terms and Conditions.
In addition to and without affecting the other provisions of these Terms and Conditions, you shall have no recourse against us and shall further indemnify us and hold us harmless from and against all losses, claims, costs, compensation, charges and expenses, including legal costs on a full indemnity basis and all goods and services, value added and other duties, levies and taxes payable on such costs, charges and expenses, which we may sustain, suffer or incur in connection with, resulting from or arising out of:-
the Unit Trust Services;
us relying and acting upon or carrying out any Instructions purportedly given to us pursuant to these Terms and Conditions whether or not such Instructions are unauthorised, inaccurate or incomplete;
the preservation or enforcement of our rights under these Terms and Conditions or as a result of any non-compliance of these Terms and Conditions or of such other applicable terms and conditions by you;
any action taken by any party against you or any User Account(s) for any reason whatsoever including but not limited to any unlawful, fraudulent, negligent or unauthorised use of the User Account and / or the Unit Trust Services;
any involvement by us in any proceedings of whatever nature for the protection of or in connection with the User Account and / or the Unit Trust Services;
the compliance by us with any existing or future law or regulation or official directive in respect of any of these Terms and Conditions;
any taxation laws or regulations of any country having jurisdiction over us.
We will not, in the absence of fraud, wrongful act or gross negligence on the part of LYNEAR, be liable to you for any act or omission in the course of or in connection with the services rendered through the Online Portal or for any loss or damage which you may sustain or suffer as a result or in the course of the discharge by LYNEAR of its duties and functions under these Terms and Conditions or pursuant thereto. LYNEAR will be entitled to receive and act upon any advice of counsel and shall be without liability for any action taken or thing done in good faith in reliance upon such advice.
LYNEAR reserves the right to modify or update these Terms and Conditions at any time without prior notice to you. You shall be subject to the Terms and Conditions in force at the time that you use the Online Portal unless any change to those policies or these conditions is required to be made by law or government authority in which case due notice shall be made to you.
If any Term or Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Where no action has been taken in respect of a breach of any of these Terms and Conditions, it shall not amount to a waiver of any subsequent breach that may occur.
LYNEAR may send any notice, advice or any communication to you by hand, by mail, by electronic mail or through any other media as selected by LYNEAR. Such notices, advices or other communication will be deemed to have been received by you on the day following such mailing or delivery, on the day the electronic mail was sent and on the date of publication or broadcast by electronic means, as the case maybe.
These Terms and Conditions shall be governed by the laws of Sri Lanka.
Any dispute relating in relation to the Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts in Sri Lanka.