SCW

# Smart Sewa — User Terms & Conditions **Version:** 1.0.0-draft.1 **Effective date:** 2026-10-27 **Authoritative language:** English **Data controller:** Sunrise Ceylon Holdings (Pvt) Ltd **Internal reference:** LP-01-USER-TC > **Pre-launch draft (v2).** Core company details filled. Remaining `[TBD before launch]` markers (registration number, external processor names, DPA contact) still require values before public release. Final text awaits review by qualified Sri Lankan counsel. Any material revision bumps the version and forces re-consent of all users. --- ## 1. About these Terms Welcome. These Terms & Conditions (the "**Terms**") are a legal agreement between you (the "**User**", "**you**") and `Sunrise Ceylon Holdings (Pvt) Ltd` (registration number `[TBD before launch]`, of `291/8, Edward Avenue, Colombo 05, Sri Lanka`) ("**Company**", "**we**", "**us**") governing your use of the `Smart Sewa` mobile application and any related services (together the "**Platform**"). By creating an account, accessing, or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Community Guidelines. If you do not agree to these Terms, do not create an account or use the Platform. ## 2. Nature of the Platform — a connection service only **What we are.** The Platform is a **connection service**. It puts Users who want a household task done in touch with Workers who offer to do such tasks. That is all we do. **What we are not.** - **We are not a service provider.** We do not perform household services ourselves. - **We are not an employer.** Workers are **independent contractors**. They are not our employees, agents, franchisees, joint venturers, or subcontractors. - **We do not supervise, direct, control, or monitor** how a Worker performs a job. - **We do not endorse, vouch for, or guarantee** any Worker, or the safety, quality, timeliness, price, legality, or suitability of any service performed by a Worker. - **We are not a party to the service contract** between you and the Worker. When a Worker accepts a job, the service contract is between you and that Worker directly. We are not liable to either of you for the performance or non-performance of that contract. **What our fee is for.** Any fee, commission, or service charge we take (currently: nothing in v1; a platform service fee, currently 12%, on in-app payments from v2) is **consideration for the connection service and the associated infrastructure we provide** — matching, communication tools, dispute mediation, verification pipeline, and (from v2) payment processing. **It is not payment for the household service** and it does not make us party to, or guarantor of, that service. **Mediation, not adjudication.** We may mediate disputes as described in Section 12, and we operate an identity-verification and rating system to help you make informed choices — but these facilitate your decision, they do not replace it, and they do not shift responsibility for your choice or the outcome to us. ## 3. Eligibility To use the Platform you must: - Be at least **18 years of age**. - Be legally able to enter into binding contracts under the laws of Sri Lanka. - Provide accurate, current, and complete information at registration. - Maintain the security of your account credentials. You may not use the Platform if you have previously been banned by us, or if applicable law prohibits you from doing so. ## 4. Your account You are responsible for all activity on your account. You must not share your password. You must notify us immediately (via the support channels in the app) if you suspect unauthorised access. You may have one active account at a time. Creating multiple accounts to circumvent restrictions is prohibited and grounds for termination. You may add a Worker role to your account, in which case the Worker Terms & Conditions also apply. ## 5. Posting a work request You may post a request for a household service (a "**work-note**") describing what you need done, where, and (optionally) when. By publishing a work-note you: - Confirm the information you provide is accurate. - Agree that Workers matching your location and service type may be notified. - Agree that Workers who bid may see approximate area, work type, description, and photos (but not your full address or contact details) until you hire one of them. - Confirm that any photos you upload do not include identifiable third parties (including children or other adults) without their consent, and do not include content that would breach the Community Guidelines. Once you confirm a hire, the hired Worker will receive your address and (via masked channels) your contact number, as needed to perform the service. ## 6. Bidding, hiring, and pricing Bids submitted by Workers are indications of the price range at which they are willing to perform the service. Any final price is agreed between you and the Worker. If the Worker later proposes a change in price (for example, because the scope of work changed), you will be shown the change in the Platform and must approve or dispute it. The Platform does not set prices. All amounts are payable directly between you and the Worker (in v1, in cash; from v2, optionally in-app). Any commission applicable to in-app payments is disclosed at the time of payment. ## 7. Cancellations You may cancel a work-note or a hired Worker subject to our then-current published cancellation policy. **The version of the cancellation policy shown to you in-app at the moment of cancellation is the authoritative statement.** We may adjust the cancellation policy from time to time in our reasonable discretion; changes take effect on posting and apply to cancellations initiated after the effective time. Frequent late cancellations may lower your reliability score and, in serious cases, result in temporary suspension or permanent ban in accordance with Section 14. Cancellations made in bad faith (for example, cancelling to hire the same Worker off-Platform, price-shopping cancellations, or repeatedly ghosting a hired Worker) are grounds for immediate suspension without notice, and where financial loss to us or a Worker is caused, we reserve the right to seek recovery. ## 8. What "Verified" actually means — and what it does not We check that Workers who wish to bid are who they say they are. This is called "**KYC**" (know your customer). A green "**Verified**" badge on a Worker profile means only that we have completed **this identity check**. **What Verified means:** - The Worker submitted a government ID and a live selfie. - Our team confirmed the ID appears genuine and matches the person in the selfie. - The Worker provided a proof of address that matches the ID. **What Verified does NOT mean.** We do **not**: - Conduct criminal-record or police checks. - Conduct credit checks. - Contact references or previous employers. - Verify skills, training, competence, or professional qualifications (except where the Worker uploads an optional certification, in which case we check only that the document appears to exist — not that it entitles the Worker to do any particular work). - Verify that a Worker's tax, immigration, licence, or insurance status is current or lawful. - Verify that a Worker is safe, honest, sober, well, or fit to work. - Endorse, vouch for, guarantee, warrant, or recommend any Worker. **Your responsibility.** Selecting a Worker, communicating with them, admitting them into your home, and evaluating their work is entirely **your decision** and at **your risk**. Ratings, reviews, and the Verified badge are inputs to that decision — they do not make the decision for you, and we take no responsibility for the outcome of it. If you have any doubts about a Worker, do not hire them. See Section 16A (Assumption of Risk). ## 9. Reviews and ratings After a completed job, both you and the Worker will be invited to rate each other. **Your warranties in respect of every review you submit.** You warrant that each review you submit: - is based on your personal experience of a completed job; - is honest, accurate, and expressed in good faith; - is not defamatory, threatening, abusive, or discriminatory; - does not contain the personal information of any third party; - is not solicited, purchased, coordinated, or made in retaliation; - does not infringe any third party's rights. You indemnify us against any third-party claim arising from your breach of these warranties. This indemnity is not limited by Section 18. **Our right to moderate.** We may, in our sole and reasonable discretion, remove, redact, translate, or suppress any review that we believe breaches these warranties, the Community Guidelines, or applicable law. We may also flag or suspend accounts whose review patterns indicate manipulation or abuse. We are not obliged to moderate, and our decision not to moderate a particular review is not endorsement. **Licence to us — reviews specifically.** You grant us a **perpetual, worldwide, irrevocable, royalty-free, sub-licensable and transferable licence** to host, display, transmit, reproduce, translate, adapt, aggregate, and use each review you submit — including in marketing, in press coverage, in aggregated statistics, and in any successor to our business (on merger, restructuring, or sale). This licence survives account termination. **Licence to us — other content you submit (photos, chat messages other than reviews).** As set out in Section 15. **No right of reply.** Where a review is submitted about you, we do not guarantee a right of public reply; if you believe a review is materially false or breaches the warranties above, you may report it via the Community Guidelines process (Doc 5 §6). ## 10. Communications on the Platform The Platform provides in-app chat and masked voice calling. These channels route through our systems; we may retain messages and call metadata for the periods set out in the Privacy Policy. **Automated and human review.** You acknowledge that communications on the Platform may be: - **automatically monitored** for safety, fraud detection, abuse, spam, off-Platform solicitation, and other risks — including keyword and pattern detection; - **reviewed by our staff** where necessary to resolve a support ticket, resolve a dispute, investigate a safety concern, respond to a lawful legal request, comply with a regulatory obligation, protect our interests, or investigate a suspected breach of these Terms or the Community Guidelines. Every human access to your communications is logged with the reviewer's identity, timestamp, and reason. You have no expectation of privacy in communications routed through the Platform beyond what is set out in the Privacy Policy. **No circumvention.** You must not attempt to circumvent Platform communications (for example, by sharing external contact details for the purpose of transacting off-Platform) — see Community Guidelines. **Marketing communications from us.** We may send you notifications about the Platform's operation (essential — you cannot opt out while your account is active). Marketing communications are opt-in via Settings. ## 11. Payments (v2) When in-app payments become available, you may pay the Worker through the Platform using a payment provider we integrate. The following applies: - Card details are processed and stored **by the payment provider**, not by us. - The amount you pre-authorise is held in escrow and released to the Worker after your explicit confirmation of completion (or, in defined circumstances, after an auto-confirmation period). - If you raise a dispute, funds remain held pending resolution by our disputes team. - A platform service fee (currently 12% of the agreed price) is retained by us. You do not pay this fee separately; it is disclosed at the time of payment. We may adjust the fee percentage and structure from time to time with reasonable notice. **Chargebacks and payment reversals.** If a payment made through the Platform is later reversed, disputed, or charged back (including by your card issuer, bank, or wallet provider), you agree that: - we may recover the reversed amount from you, together with an administrative fee (currently Rs 1,000 per event); - we may suspend your account and any in-progress jobs pending resolution; - we may bar you from initiating further in-app payments until the matter is resolved; - you will cooperate reasonably with our and the payment provider's investigation. **Right to withhold funds.** Where we reasonably suspect fraud, abuse, chargeback risk, or breach of these Terms, we may withhold escrow funds and/or Worker payouts pending investigation, without prior notice, for as long as reasonably necessary. We will provide notice of the reason within a reasonable time and give you an opportunity to respond. **Set-off.** We may set off any amounts you owe us (including chargeback recoveries, administrative fees, and other lawful debts) against amounts we owe you (including refunds, credits, or payouts). This right survives account termination. **No liability for payment provider failures.** We are not liable to you for delays, errors, unavailability, or losses caused by the payment provider, your bank, your card issuer, or any other financial intermediary, save to the extent our own negligence in selecting or managing that provider is the direct and proximate cause. ## 12. Disputes If you are dissatisfied with a completed job, you may raise a dispute through the Platform. Our disputes team will mediate in our reasonable discretion. Outcomes may include a warning, refund recommendation (advisory in v1 cash; actionable in v2 escrow), or account suspension. **Dispute resolution is a service we provide, not an adjudication.** Our disputes team is not a court, arbitrator, or ombudsman. Our decision is a business decision made in good faith to preserve the utility of the Platform. If you disagree with our decision, your remedies against the counterparty (the Worker) are unaffected — you may pursue them through legal channels. **Confidentiality of the mediation.** Dispute mediation submissions, discussions, and outcomes are **confidential** between you, the Worker, and us. You agree not to publish, disclose, or otherwise share the contents of a mediation or its outcome outside the mediation process, except (i) to your own legal or financial advisors under a duty of confidentiality, (ii) as required by law or a lawful legal request, or (iii) with our prior written consent. This does not prevent you from making truthful factual statements about your own experience, provided you do not disclose the contents of the mediation. **Cooperation.** You agree to respond promptly to reasonable requests for information during a mediation. Non-cooperation may result in the dispute being resolved against you. ## 13. Prohibited conduct You must not, and must not attempt to: - Use the Platform to solicit, arrange, promote, or perform anything unlawful. - Harass, intimidate, threaten, stalk, defame, or discriminate against any Worker, other user, or member of our staff. - Post false, misleading, malicious, offensive, obscene, hateful, defamatory, or infringing information or content. - Attempt to defraud a Worker, us, or a third party. - Interfere with, disrupt, damage, or place unreasonable load on the Platform, its infrastructure, or its security features. - Reverse-engineer, decompile, disassemble, scrape, harvest, crawl, cache, index, mirror, or copy the Platform, its data, its designs, its algorithms, or any content on it, except as expressly permitted by us in writing. - Use any bot, script, or automated tool to interact with the Platform other than as we expressly enable. - Circumvent, disable, or attempt to circumvent Platform payments, verification, safety features, matching logic, rate limits, or communication channels. - Solicit or accept off-Platform transactions to avoid our fees, verification, or accountability. - Solicit, promote, advertise, or link to any competing platform or service in any content, communication, or interaction on the Platform. - Create multiple, duplicate, or fictional accounts, or evade a suspension, ban, or ban re-registration bar (Section 14A). - Manipulate ratings, reviews, matching, notifications, or any other Platform mechanic. - Impersonate any person or misrepresent your identity, affiliation, or authorisation. - Use the Platform to collect or infer information about other users or Workers for purposes unrelated to a legitimate work engagement. - Use the Platform in a manner that violates any applicable law, or that could reasonably be expected to attract legal liability to us. Violations may result in immediate suspension, ban, seeking of damages, and (where applicable) referral to law enforcement or regulators. We may also disable access without notice where continued access would present material risk to us, Workers, or other users. ## 14. Suspension and termination **Grounds.** We may suspend or terminate your account, or any specific feature of it, in the following circumstances (each in our reasonable discretion): - we believe you have breached these Terms, our Community Guidelines, or any applicable law; - we consider suspension or termination necessary to protect other users, Workers, our staff, our infrastructure, or our lawful interests; - payment or chargeback issues (Section 11); - a regulatory, legal, or safety concern arises in connection with your account; - your account has been inactive for a prolonged period (typically 24 months); - we cease to offer the Platform in your area; - we discontinue the Platform (in whole or part). **Procedural fairness (where practicable).** Except in cases involving immediate risk (safety, active fraud, credible threat, regulatory demand, or ongoing loss to us or a Worker), we will: - give you **notice** of the intended action, stating the reason with reasonable specificity; - give you a **reasonable opportunity to respond** (typically at least 3 business days); - consider your response before confirming the action. In cases involving immediate risk, or where we discontinue the Platform, we may act first and provide notice as soon as reasonably practicable afterwards. **Appeal.** You may appeal any suspension or termination via Support. We will acknowledge within 3 business days and aim to reach a decision within 21 days; where practicable, appeals will be reviewed by a person other than the original decider, though we do not guarantee this in cases involving a small team or specialised subject matter. **Effect of termination.** On termination, your right to use the Platform ends immediately. Existing hires, disputes, and payment matters will be resolved in accordance with our then-current processes. Provisions of these Terms that by their nature survive termination (including intellectual property, indemnity, limitation of liability, dispute resolution, and confidentiality) survive. **Your right to leave.** You may deactivate or delete your account at any time, subject to our published account-closure process (including grace periods and any obligations to resolve open jobs, disputes, or, in v2, payment balances). ## 14A. Ban re-registration prohibition If we have banned your account (whether permanently or during a period of temporary suspension), you must not: - create a new account under a different name, mobile number, or identity; - use another person's account to circumvent the ban; - assist a banned person to circumvent their ban. We may detect and prevent circumvention using account, device, network, and identity signals. If we detect a circumventing account, we may: - terminate the circumventing account without notice; - forfeit any credits, payouts, or benefits accrued on it; - extend the original ban; - pursue any other remedy available to us at law. A person who has been permanently banned may apply for reinstatement in writing to `info@smartsewa.lk`. Reinstatement is at our sole discretion. ## 15. Content and intellectual property **Our content.** All Platform software, design, trademarks, service marks, logos, trade dress, look-and-feel, matching and ranking algorithms, aggregated data, and content (excluding user-generated content) is owned by us or our licensors and protected by intellectual-property laws. All rights not expressly granted to you in these Terms are **reserved**. **Your content — general (photos, chat messages other than reviews).** You retain ownership. You grant us a **non-exclusive, royalty-free, worldwide, sub-licensable licence** to host, display, transmit, reproduce, translate, and adapt this content as necessary to provide and operate the Platform, to enforce these Terms, to comply with law, and to protect our lawful interests. **Your content — reviews.** As set out in Section 9: you grant us a **perpetual, worldwide, irrevocable, royalty-free, sub-licensable and transferable licence** covering marketing use, aggregation, and successor-in-business use. This licence survives account termination. **Survival after account termination.** The licence in respect of reviews (Section 9) is perpetual. The general licence (this Section) survives to the extent necessary to (i) keep already-published content visible where required for other users' fair use of the Platform, (ii) preserve content subject to open disputes or legal holds, (iii) comply with retention obligations, and (iv) defend claims within limitation periods. **Feedback and suggestions.** Any feedback, suggestions, feature ideas, or improvements you submit to us in any form become our property. You assign to us all right, title, and interest (including intellectual property rights) in such feedback, without compensation. We may use it in any way, without attribution or acknowledgement. This provision does not extend to reviews, chat messages, or work-note content — which are governed by the general licence above. **Aggregated and de-identified data.** Data derived from Platform activity — provided it does not identify you personally and cannot reasonably be re-linked to you — is **our property**. We may use, sell, publish, licence, and otherwise commercialise such data in our sole discretion, including for benchmarking, industry reports, research partnerships, and product development. Nothing in this provision authorises us to use identifiable personal data beyond what is permitted by the Privacy Policy and applicable law. ## 15A. Publicity, testimonials, and non-endorsement **Our right to use public information.** We may use your **publicly displayed information** on the Platform (public username, public profile photo where you chose to display one, public reviews you submitted, ratings you have given or received) in our marketing and communications, without further consent or compensation. **Restriction on your public statements about us.** You must not use our name, logos, trademarks, service marks, or trade dress in any advertising, endorsement, or public communication, except: - to identify us truthfully as the platform through which you found a Worker or User; - in factual, non-misleading statements of your own experience; - as we may expressly authorise in writing. You must not make public statements that misrepresent our relationship with you, our role in a job, or the nature or scope of our services (including any statement inconsistent with the "connection service only" positioning in Section 2). **No press or media without consent.** You must not represent yourself as a spokesperson for us or make press or media statements on our behalf without our prior written consent. ## 16. Disclaimers **What we do not warrant, in respect of Workers and their work.** Because Workers are independent contractors and not our employees or agents, we do not warrant: - that any Worker will accept your work-note; - that any Worker will arrive, arrive on time, complete the work, or perform to any particular standard; - that any Worker is skilled, competent, licensed for a particular trade, insured, of good character, sober, well, honest, or safe; - that the outcome of any household service will meet your expectations or be free from defect, damage, loss, injury, or delay. **No vicarious liability.** We are **not vicariously liable** for any act or omission of a Worker, whether occurring during a job, before a job, after a job, or unconnected to a job. A Worker's conduct is the Worker's own; it is not our conduct and we are not answerable for it. **Your recourse for a Worker's conduct is against the Worker.** If a Worker causes you loss, damage, or injury — including theft, property damage, personal injury, poor workmanship, non-performance, or misconduct — your legal recourse is against **the Worker** directly. We may (in our discretion) assist you by providing information from the Platform record for the purpose of pursuing the Worker, subject to applicable law. **What we commit to.** We commit to operating the connection service with reasonable skill and care. That is the whole of our commitment to you regarding the Platform. **Availability.** We aim to provide continuous access to the Platform but cannot guarantee uninterrupted or error-free operation. Planned maintenance will be notified in advance where practicable. **Statutory rights preserved.** Nothing in this Section limits any warranty implied by the Consumer Affairs Authority Act, the Sale of Goods Ordinance, or other applicable Sri Lankan law that cannot be lawfully excluded. Where such implied warranties apply to our provision of the Platform, they remain in force. **These preserved rights apply to our operation of the Platform, not to the Worker's performance of the household service** — the Worker (not us) is the provider of that service and any implied warranties in respect of it are owed by the Worker to you. ## 16A. Assumption of risk (User) By using the Platform to hire a Worker you acknowledge and accept the following, which are fundamental to the bargain between you and us: - **You are hiring a stranger.** A Worker introduced to you by the Platform is a person you have not previously known. We do not know them either, beyond the identity check described in Section 8. You are inviting a stranger into your home or property, or engaging a stranger to work at a location under your control. - **We do not vouch for the Worker.** The Verified badge means only what Section 8 says it means. It is not a character reference, safety certificate, or endorsement. - **You accept the risks that go with hiring a stranger.** These include (without limitation) risks of theft, damage to property, poor or incomplete workmanship, harm to persons or animals on the premises, exposure to disease or illness, breach of your privacy, and financial disagreement over price. - **You are responsible for your own precautions.** These include (as appropriate to the situation) supervising the work, securing valuables, not leaving the Worker unsupervised with vulnerable persons, ensuring a safe working environment, and using your own judgement about whether to admit or continue with the Worker. - **You bear the risk of your own choices.** If you have doubts about a Worker before or during a job, do not hire them or ask them to leave. If harm occurs, your recourse is against the Worker. - **We do not insure you.** We do not carry insurance that covers your losses caused by a Worker. You are encouraged to maintain your own household or contents insurance. Any partner insurance we may offer in future (v4) is an optional product bought by you separately. None of this Section limits any statutory right you have under Sri Lankan law that cannot lawfully be limited. It reflects the reality of a marketplace of independent contractors and preserves the fair allocation of risk that this reality requires. ## 17. Limitation of liability Subject always to the preservation of statutory rights in Section 16: **What we are potentially liable to you for.** Only for **direct** loss caused by our own failure to operate the connection service with reasonable skill and care. **What we are NOT liable to you for**, in any circumstance: - **Anything a Worker does, or fails to do.** This includes (without limitation) any injury, death, harm, theft, damage, loss, delay, defect, non-performance, misrepresentation, fraud, harassment, discrimination, or other misconduct arising from or connected to a Worker's conduct — before, during, or after a job — whether or not the Worker is on the Platform at the relevant time. - **Anything that happens between you and a Worker** in connection with a household service arranged through the Platform, including any dispute over price, scope, quality, timing, or payment. - **Indirect, incidental, special, consequential, or punitive damages** of any kind. - **Loss of profits, revenue, business, opportunity, goodwill, savings, data, or use**, whether foreseeable or not. - **Loss caused by your own choices** in selecting, communicating with, admitting, or dealing with any Worker. - **Loss caused by third parties** (payment providers, telecommunications providers, cloud infrastructure providers) except to the extent our own selection or management of that third party was negligent. - **Loss caused by events beyond our reasonable control** (see Section 21 Force Majeure). **Statutory carve-out.** Nothing in this Section limits liability that cannot be limited under Sri Lankan law, including liability for our own fraud, our own gross negligence causing death or personal injury, or any liability under the Consumer Affairs Authority Act or the Personal Data Protection Act that cannot lawfully be limited. The scope of this carve-out is **only** what the specific statute requires — nothing more. **Aggregate cap on our own direct liability.** To the maximum extent permitted by law, our total aggregate liability to you, arising out of or in connection with these Terms or the Platform in any 12-month period, is capped at the total service fees paid by you to us in the 12 months preceding the event giving rise to the claim. **Your statutory remedies are preserved in full and are not limited by this cap** — including under the Consumer Affairs Authority Act, the Personal Data Protection Act, and any other Sri Lankan law that cannot lawfully be excluded — and remain available to you in cases where no fees have been paid to us during the relevant period. **Insurance, not a fixed monetary cap, is our principal risk mitigation for residual exposure.** We hold public liability, cyber liability, and professional indemnity insurance appropriate to our operation of the Platform. Our insurance does not extend to Workers' conduct on jobs — Workers are independent contractors responsible for their own insurance. ## 18. Indemnity You agree to indemnify us, our affiliates, our officers, directors, employees, agents, contractors, and insurers, and hold each of them harmless (including reasonable legal fees, investigation costs, and settlement amounts), against any claim, demand, action, investigation, or proceeding brought by any third party, regulator, or authority to the extent that it arises from or is connected with: - your **use or misuse** of the Platform; - your **breach** of these Terms, the Community Guidelines, the Privacy Policy, or any other document forming part of the agreement between us; - your **breach of any warranty or representation** you make to us (including in Section 9 and elsewhere); - your **breach of any applicable law** in your interactions on or through the Platform; - your **infringement of any third party's rights** (including intellectual property rights, privacy rights, and publicity rights) in content you submit or acts you take; - any **content** you submit to the Platform; - your **conduct** in interactions with any Worker (including at any location and after a job has ended); - any **investigation, subpoena, or regulatory demand** substantially caused by your conduct. This indemnity survives account termination and is not limited by Section 17 (Limitation of liability). **Reasonable cooperation.** We may (at our option) take conduct of the defence of any claim to which this indemnity applies, at your cost, using counsel of our choosing. You will cooperate reasonably with any defence. **Statutory carve-out.** Nothing in this Section requires you to indemnify us for any liability that arises from **our own** fraud, gross negligence, or wilful misconduct, or that cannot lawfully be indemnified. ## 19. Changes to these Terms We may update these Terms from time to time in our sole discretion. **Non-material changes** (for example: typos, formatting, translation improvements, clarifying re-phrasings, and changes that do not materially reduce your rights or increase your obligations) take effect on posting. Your **continued use of the Platform after posting constitutes acceptance** of the changed Terms. **Material changes** (for example: changes to what personal data we collect or share, or changes to your data subject rights under the Privacy Policy) will be: - notified in-app at least **7 days before they take effect** (unless a shorter period is reasonable in the circumstances or required by law); - accompanied by a plain-language summary of what changed; - and, where required by law, subject to your re-consent before you continue to use the Platform. **Fee and commission changes** in Section 11 take effect with the notice period specified in Section 11 (and any lower cadence in the Worker Terms). If you do not accept a change that requires your consent, your account moves to read-only until you accept or delete it. **Continued use of the Platform after a change (whether material or non-material) takes effect** is deemed acceptance of it. ## 20. Governing law and jurisdiction **Governing law.** These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka, without regard to conflict-of-laws principles. **Jurisdiction.** You may bring proceedings against us in the courts of your district of residence or in the courts of Colombo. We may bring proceedings against you in the courts of your district of residence or in the courts of Colombo. We submit to the jurisdiction of either. **Pre-litigation steps required.** Before commencing any proceedings against us, you must first: 1. raise the matter with our Support team and give us a reasonable period (at least **30 days**) to respond and, if appropriate, resolve the matter; 2. where the matter concerns a household service, use the in-app dispute pipeline to its conclusion; 3. participate in good faith in any mediation offered by us before proceeding to litigation. **Waiver of class and representative actions.** To the fullest extent permitted by law, you agree that any claim you bring against us will be brought **only in your individual capacity** and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. This waiver applies whether the claim is brought in court, before a regulator, or in any other forum. If applicable law makes this waiver unenforceable in respect of a particular claim, this Section is severable to the extent of that unenforceability and the remainder continues to apply. **Waiver of interpretation against drafter.** You agree that these Terms will be interpreted in accordance with their plain meaning and will **not** be construed against us as their drafter (waiver of the *contra proferentem* rule). **Consumer rights.** Nothing in this Section limits your rights under the Consumer Affairs Authority Act to bring a complaint to the Consumer Affairs Authority, or under the Personal Data Protection Act to lodge a complaint with the Data Protection Authority, or any other statutory right you have that cannot lawfully be limited. ## 21. Force majeure Neither party is liable for a failure or delay in performance to the extent it is caused by an event beyond that party's reasonable control, including natural disasters, epidemics, war, civil unrest, government action, power or telecommunications failures, or Internet infrastructure outages. The affected party will make reasonable efforts to mitigate the impact and resume performance promptly. ## 22. Miscellaneous - **Reservation of rights.** All rights not expressly granted to you in these Terms are reserved to us. Nothing in these Terms grants you any right, title, or interest in or to our intellectual property, brand, or business other than the limited right to use the Platform as expressly permitted. - **Communications from us and deemed notice.** You agree that we may serve notices and communications on you **electronically** (in-app notification, email to your registered address, or SMS to your registered mobile). You agree that electronic notice is effective when transmitted; you are responsible for maintaining current contact details and for checking the Platform and your registered channels at reasonable intervals. - **User account security — your responsibility.** You are responsible for all activity on your account, including any activity of a third party using your credentials. You must protect your credentials and notify us immediately of any suspected unauthorised access. We are not liable for loss arising from your failure to protect your credentials. - **User warranties and representations.** You warrant to us that (i) you are 18 or older; (ii) you have legal capacity to enter into these Terms; (iii) the information you provide is and remains accurate; (iv) you are not registered on the Platform under any other identity or in circumvention of a prior ban; (v) your use of the Platform will not violate any applicable law; (vi) you have any consents required from third parties whose data you upload (for example, photos including other people); (vii) you are not on any sanctions list. - **Severability.** If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. The invalid provision will be interpreted or reformed to give the fullest effect to the parties' original intent while remaining enforceable. - **No waiver.** Our failure to enforce, or delay in enforcing, any provision is not a waiver of that provision, and does not preclude us from enforcing it (or any other provision) later. - **Assignment.** You may not assign, transfer, or sub-licence these Terms or any rights under them, in whole or in part, without our prior written consent (which we may withhold in our sole discretion). We may assign, transfer, or novate these Terms and any rights and obligations under them, in whole or in part, without your consent, including on merger, restructuring, sale of the business, or transfer of assets. - **Third parties.** No person who is not a party to these Terms may enforce any provision of them, except that our affiliates, officers, directors, employees, and contractors may enforce any indemnity, limitation of liability, or release given by you in these Terms. - **Entire agreement.** These Terms, the Privacy Policy, and the Community Guidelines constitute the entire agreement between you and us in respect of the Platform, and supersede any prior agreements, understandings, statements, or representations. - **Authoritative language.** These Terms are published in English, Sinhala, and Tamil. **The English text is authoritative** and prevails in the event of any inconsistency of interpretation. Translations are provided for convenience. - **Headings.** Section headings are for convenience only and do not affect interpretation. - **Currency.** All monetary amounts are in Sri Lankan Rupees (Rs) unless expressly stated otherwise. ## 23. Complaints and regulator escalation If you are dissatisfied with any aspect of the Platform, or with how we have handled your personal data, please contact our Support team first. We will acknowledge your complaint within 3 business days and aim to resolve substantive matters within the SLA published in our Complaint Handling Policy. If you remain dissatisfied, you may: - lodge a complaint with the **Consumer Affairs Authority** (for consumer matters); - lodge a complaint with the **Data Protection Authority** (for personal data matters, once the Authority is operational); - exercise any other legal right available to you. We will cooperate reasonably with any regulator investigation. ## 24. Contact Support: `info@smartsewa.lk` · Hotline: `+94 74 317 7718` Data Protection Officer: `info@smartsewa.lk` Postal: `291/8, Edward Avenue, Colombo 05, Sri Lanka`

Terms of service