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Freezone User Agreement

Dialog Axiata PLC (PQ38), having its registered office at No.475, Union Place, Colombo 02 (“Dialog” and may also be referred to as “we” / “us” / “our” in these Terms) is engaged in providing value added services via the Freezone Application (“Freezone”) through its existing telecommunications network to its customers (each a “Customer” and may also be referred to as “you” / “your” in these Terms). This Agreement (“Agreement”) shall be effective upon acceptance of the terms and conditions (“Terms”) by the Customer and shall remain in force until termination of same by Dialog.

The Customer agrees that any and all persons accessing, registering, using the Freezone under the Customer’s account shall for all purposes hereinafter be deemed duly appointed representatives of the Customer and the Customer shall be liable for any and all action effected by such third party. The Customer agrees to abide by the Terms and understand that the provision of the services of the Freezone is subject to the rules and regulations of Sri Lanka and/or any other regulatory or governmental authority of Sri Lanka.

The Customer further agrees that by accessing, registering, using or causing its duly appointed representatives to access, register or use the Freezone offered by Dialog, the Customer confirms that the Customer has read and understood and thereby agrees to be bound by the Terms. As a user availing the services provided through the Freezone the Customer agrees to be bound by the Terms each time the Customer or its duly appointed representative/s accesses the Freezone hereinafter.

"Definitions" Capitalised terms used herein shall have the following meanings, or the meanings ascribed above, except where the context requires otherwise:

"Access Information" means the access information that we require from you before entering certain parts of the Freezone for which you have registered, which may be a username, password, your mobile phone number or similar recognition device or any other information we may require from you to be entitled to the rewards offered on the site;

"Content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics displayed/available on Freezone;

"Services" has the meaning given to it in Clause 1.1;

"Trade Marks" means the word or mark “Dialog”, and all other marks associated with Freezone, however represented, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;

  1. Objective and Use of Content
    1. The services that we are providing you via the Freezone consist of the Content and the Functionalities available on the Freezone or otherwise provided to you as a result of your use of the Freezone (“Services”). Accordingly the objective of the Freezone is to enable the Customer to access the Services.
  2. Use
    1. The Customer shall not in any event whatsoever make available the data in the Freezone and/or any usernames and passwords to any third party other than as authorized by Dialog.
    2. The usage of the Freezone shall only be for the sole and limited purpose set out herein. As such, you acknowledge and agree that you are only permitted to use the Freezone and the Services as expressly set out in these Terms or on the Freezone. You further agree that the Freezone and the Services are for your own personal use only on a single device.
    3. The Customer shall take steps against unauthorized or accidental access to the Freezone or disclosure of the data in the Freezone, unlawful or unauthorized processing of the data and shall protect the data from any loss, destruction, alterations, modifications or misuse.
    4. Any request for data in the Freezone by any third party other than the owner of such data shall at all times be directed to Dialog.
    5. Any unauthorized actions by the Customer shall be strictly prohibited and the Customer shall at all times be responsible for such unauthorised usage.
    6. In the event the Customer or its duly appointed representatives utilize the Freezone or effects an unauthorized function, Dialog may terminate the Customer’s access to the Freezone and / or block the Customer’s future access and / or seek such additional relief based on the gravity of such unauthorized usage.
    7. The Customer shall be solely responsible:
      1. for the maintenance of confidentiality of the data contained in the Freezone including but not limited to user logins and passwords.
      2. for any and all activities carried out on the Freezone.
      3. for informing Dialog on an immediate basis of any threatened and / or unauthorized use of the Customer’s account or any other breach of security.
    8. The Customer agrees to ensure that the Customer shall not under any circumstances whatsoever access data of any other subscriber.
    9. You may not:
      1. copy, disclose, translate, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information obtained by you whilst using the Services or accessing the Freezone.
      2. remove, change or obscure in any way anything on the Freezone and/or the Services or otherwise use any material obtained whilst using the Freezone and/or the Services except as set out in these Terms.
      3. reverse engineer or decompile (whether in whole or in part) any software used in the Freezone and/or the Services (except to the extent expressly permitted by applicable law).
      4. copy or use any material from the Freezone and/or the Services for any commercial purpose.
      5. remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Freezone or obtained as a result of the Services.
    10. You agree to be held responsible for ensuring that you are viewing the most recent version of the web-page / content / application (as applicable).You may establish a link or “deep link” to the site / application from your site, provided that you have obtained Dialog’s prior written consent and that at Dialog’s sole discretion, the context is relevant and the link or its description is not detrimental to Dialog.
    11. Users that are not subscribers to the Dialog Network acknowledge that access to the Freezone and/or the Services may be restricted at the sole discretion of Dialog in the interest of fully subscribed customers of the Dialog Network.
    12. Some areas of the sites or services may not be accessible for you even if you are a subscribed customer of Dialog’s Mobile Telephony Network, depending on the subscribed services and credit limits (where applicable).
    13. You agree to fulfill the following obligations:
      1. You warrant that you will only use the Freezone and the Services in accordance with these Terms and in an appropriate and lawful manner and that you shall not:
        1. receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
        2. circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Dialog’s legitimate web pages (referred to as “page-jacking”) or use the Freezone or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Dialog will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.
        3. use the Freezone and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Dialog’s written consent.
        4. knowingly or recklessly transmit any electronic Content (including viruses) through the Freezone and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Dialog or other Internet users.
        5. hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Freezone and/or the Services, or which is otherwise likely to damage or destroy Dialog’s reputation or the reputation of any third party.
    14. You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, Dialog has the right to terminate your account and refuse any and all current or future use of the Services or access to the Freezone.
    15. Dialog shall not assume any responsibility with regard to any rewards offered on the Freezone by third parties, including but without limitation, relating to the delivery of gifts/prizes/rewards or the quality/fitness for purpose of such gifts/prizes/rewards.
    16. Any decision taken with regard to any activities offering rewards on the Freezone by Dialog is final and cannot be challenged.
  3. Rights of Dialog
    1. Dialog shall have the right at all times:
      1. To monitor the activities of the Freezone
      2. To activate / deactivate authorized Functions assigned to the Customer from time to time or deny access to the Freezone by the Customer with notice.
    2. Dialog shall have the right not to grant access to the Customer in the following events:
      1. If authorized by or under law ; or
      2. If providing access would be likely to prejudice an investigation of possible unlawful activity ; or
      3. If providing access would be likely to prejudice :
        1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law; or
        2. the enforcement of laws relating to terrorism or crime; or
        3. the protection of the public or
        4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct ; or
        5. the preparation for, or conduct of, proceedings before any Court or Tribunal, or implementation of its orders by or on behalf of an enforcement body ; or
        6. an enforcement body performing a lawful security function requests Dialog not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Sri Lanka
    3. Dialog shall provide reasons for denial of access or refusal to divulge such information to the Customer.
    4. Dialog reserves the right to charge for access to part or all of the Freezone / Services, subject to giving you clear notice on same.
  4. Copyright and Trademark Notice
    1. The Freezone is owned, operated and monitored by Dialog. Unless otherwise specified, all data in the Freezone including but not limited to text, logos, proprietary marks, Trade Marks, icons and images as well as the selection, assembly and arrangement thereof shall be the sole property of Dialog. Permission to reprint or electronically reproduce any material in the Freezone in whole or in part, is expressly prohibited, unless prior written consent for same is obtained from Dialog. Any unathorised use of the Freezone or the material and / or information appearing on the Freezone, may violate copyright, trademark or other applicable laws and could result in civil or criminal penalties. Nothing on the Freezone and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Dialog, any member of the Dialog partnerships or any third party, whether by estoppel, implication or otherwise.
    2. You hereby grant to Dialog a perpetual, irrevocable, royalty-free, world-wide license to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Freezone and/or the Services (if any) as Dialog sees fit and without notice to you, unless you have indicated otherwise in such communication.
  5. Disclosure and Reproduction
    1. The Customer agrees:
      1. that all data contained in the Freezone shall be strictly treated as confidential information and shall be and shall remain the exclusive property of Dialog.
      2. not take any copies or make any summaries or transcripts of the whole or any part of the confidential information save as is strictly approved by Dialog.
      3. Dialog’s usage of your personal information is governed by Dialog’s Privacy Policy Statement available at www.dialog.lk/privacy-policy.
  6. Access Information
    1. Following registration you may be issued with Access Information that may be used to access the Freezone and/or the Services and any pages for which registration is required. Dialog reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
    2. Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Freezone and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
    3. You as the registered user of the account will:
      1. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
      2. provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Freezone and/or the Services and notify us immediately of any changes or mistakes;
      3. if your Access Information becomes known to any other unauthorised user you must inform Dialog immediately or take subsequent measures to change your access codes.
    4. You agree to check your bills carefully and inform us immediately of any discrepancy.
  7. Warranties
    1. The information / materials provided by Dialog is provided ‘AS IS’ and Dialog expressly disclaims making any express or implied warranties with respect to the fitness of the information / services provided for any particular purpose.
    2. It is your sole responsibility to satisfy yourself prior to using the Freezone and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Freezone and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Freezone and the Services to ensure that you download the most up to date version of the Freezone and the Services.
    3. You acknowledge that Dialog is unable to exercise control over the security or subject matter of Content passing over the Dialog Network, the Freezone or via the Services and Dialog hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
    4. Dialog assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Freezone and the Services or which may be linked to and from the Freezone.
    5. Dialog is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content, use which you make of the Freezone and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions. Notwithstanding the foregoing, Dialog reserves the right to edit, bar or remove any Services and/or Content, at any time as Dialog in its sole discretion considers necessary.
    6. Dialog is not responsible for any problems or technical malfunction of any mobile phone or mobile device, telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the internet or on the Service or combination thereof, including any injury or damage to users or to any person’s mobile phone, mobile device or computer related to or resulting from participation or downloading materials in connection with the Service.
  8. Termination
    1. The Customer agrees that Dialog retains the right to terminate the Customer’s access to the Freezone at any given time for any reason whatsoever with notice thereto.
  9. Reliance on the Functions Offered and Indemnification
    1. By accessing the Freezone and performing the Functions, the Customer agrees that in no event will Dialog be liable to the Customer or any third party for any decisions made, Functions effected by the Customer or any third party. The Customer further agrees to hold Dialog and its agents and representatives harmless against any liability for any loss, claim or damage arising from the Customer’s use of the Freezone or due to any breach of the Terms hereto including but not limited to any direct, indirect, incidental, punitive or consequential damages.
  10. Limitation of Liability
    1. By accessing the Freezone, the Customer agrees that Dialog is not and may not be held liable for any direct, indirect, incidental, punitive, special or consequential damages arising out of or relating to the use of or inability to use the Freezone, even if Dialog has been advised of the possibility of such damages.
    2. All conditions or warranties which may be implied or incorporated into these Terms by law or otherwise are hereby expressly excluded to the extent permitted by law.
    3. Your only remedy under these Terms is to discontinue using the Freezone and the Services.
    4. Dialog makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material maybe downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
  11. Indemnity
    1. The Customer shall indemnify and keep Dialog fully indemnified from and against all actions, claims, demands, cost, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by Dialog resulting (directly or indirectly) from any breach or non-performance of conditions contained in these Terms on the Customer or arising directly or indirectly out of any negligent act or omission, willful default or breach of statutory duty on the part of the Customer, including but not limited to the breach of Dialog and third party Intellectual Property rights and unauthorized disclosure of passwords/ access to the Freezone.
    2. You hereby agree to fully indemnify and to hold Dialog harmless from and against any claim brought by a third party resulting from the use of the Freezone and the Services or the provision of Content to Dialog by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Dialog in consequence of such use of the Freezone and the Services or provision of Content or your breach or non-observance of any of these Terms.
  12. Governing Law and Jurisdiction
    1. The Freezone and the Terms hereto shall be governed and construed in accordance with the laws of Sri Lanka.
  13. Variation, Modification and Severability
    1. Dialog reserves the right to effect any amendments / modifications to the Freezone and to the Terms at any time. By continuing to use this Freezone you will be deemed to have accepted the varied Terms. If any of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then the relevant provision shall be deemed severable from these Terms and the severability of such provision shall not affect the validity and enforceability of any remaining provisions.
    2. Dialog reserves the right to modify the Freezone and/or the Services or suspend or terminate the Freezone and / or the Services or access to part or all of them at any time.
  14. Monitoring / Recording of Communications
    1. Monitoring or recording of your communications may take place when required in accordance with the law, and in particular for Dialog’s business purposes, such as for quality control and training, to prevent unauthorised use of Dialog’s telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
  15. Processing your Instructions
    1. You request and authorise us to rely and act upon all apparently valid communications as instructions properly authorised by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.
    2. An instruction will only be accepted by us if you have passed through certain security criteria.
    3. You agree that we can act on any instructions given to us even if these instructions were not authorised by you.
    4. We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to Dialog’s failure to make reasonable efforts to do so.
    5. You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
    6. A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
    7. You will be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorised transaction, or you have acted fraudulently. For the purposes of this Clause gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms.
  16. Profligate Use
    1. Profligate use of the Dialog GPRS/Data Network is prohibited. Dialog considers that any application which transmits live video, live audio or makes similar excessive traffic demands across the Dialog Network by whatever means, unless provided by Dialog, constitutes making profligate use of the Dialog Network. Use of IP Multicast, other than by means provided and co-ordinated by Dialog is also prohibited.
  17. Termination
    1. Dialog may elect to suspend, vary or terminate the Services and the Freezone at any time without prior notice for repair or maintenance work or in order to upgrade or update the Freezone and the Services or for any other reason whatsoever.
    2. Dialog may elect to terminate the Services or your access to the Freezone forthwith on breach of any of these Terms by you, including, without limitation, delayed or non payment of sums due to Dialog or if Dialog ceases to offer the Freezone and the Services to its customers for any reason whatsoever.
  18. Privacy Policy
    1. The Customer agrees and accepts in full the privacy policy available at www.dialog.lk/privacy-policy.
  19. Waiver
    1. Dialog’s failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dialog in writing.
  20. Representations
    1. You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
  21. Assignment
    1. You in entering into these Terms undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Dialog forthwith. Dialog may assign these Terms in whole or in part to any third party at its discretion.
  22. Rights of Third Parties
    1. Except in the case of any permitted assignment of this Agreement under Clause 20, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained herein.
  23. Force Majeure
    1. Dialog shall not be liable in respect of any breach of these Terms due to any cause beyond its reasonable control including but not limited to, act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Dialog is not responsible.