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
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
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.
Capitalised terms used herein shall have the following meanings,
or the meanings ascribed above, except where the context requires otherwise:
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
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;
Objective and Use of Content
The services that we are providing you via the Freezone consist of the Content
Functionalities available on the Freezone or otherwise provided to you as a
your use of the Freezone (“Services”). Accordingly the
objective of the Freezone is to
enable the Customer to access the Services.
The Customer shall not in any event whatsoever make available the data in the
and/or any usernames and passwords to any third party other than as authorized
The usage of the Freezone shall only be for the sole and limited purpose set out
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.
The Customer shall take steps against unauthorized or accidental access to the
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.
Any request for data in the Freezone by any third party other than the owner of
shall at all times be directed to Dialog.
Any unauthorized actions by the Customer shall be strictly prohibited and the
shall at all times be responsible for such unauthorised usage.
In the event the Customer or its duly appointed representatives utilize the
effects an unauthorized function, Dialog may terminate the Customer’s access to
Freezone and / or block the Customer’s future access and / or seek such
relief based on the gravity of such unauthorized usage.
The Customer shall be solely responsible:
for the maintenance of confidentiality of the data contained in the
including but not limited to user logins and passwords.
for any and all activities carried out on the Freezone.
for informing Dialog on an immediate basis of any threatened and / or
unauthorized use of the Customer’s account or any other breach of
The Customer agrees to ensure that the Customer shall not under any
circumstances whatsoever access data of any other subscriber.
- You may not:
copy, disclose, translate, modify, reformat, display, distribute,
transmit, sell, perform, publish, transfer or otherwise make available
of the Services or any information obtained by you whilst using the
Services or accessing the Freezone.
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.
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).
copy or use any material from the Freezone and/or the Services for any
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.
- 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.
- 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.
- 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).
You agree to fulfill the following obligations:
- 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:
- 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;
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- Any decision taken with regard to any activities offering
rewards on the Freezone by Dialog is final and cannot be challenged.
- Rights of Dialog
- Dialog shall have the right at all times:
- To monitor the activities of the Freezone
- To activate / deactivate authorized Functions assigned to the Customer
from time to time or deny access to the Freezone by the Customer with
- Dialog shall have the right not to grant access to the Customer
in the following events:
- If authorized by or under law ; or
- If providing access would be likely to prejudice an investigation of
possible unlawful activity ; or
- If providing access would be likely to prejudice :
- the prevention, detection, investigation,
prosecution or punishment of criminal offences, breaches of law
imposing a penalty or sanction or breaches of a prescribed law;
- the enforcement of laws relating to terrorism or crime; or
- the protection of the public or
- the prevention, detection, investigation or remedying of
seriously improper conduct or prescribed conduct ; or
- 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
- 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
- Dialog shall provide reasons for denial of access or refusal to
divulge such information to the Customer.
- Dialog reserves the right to charge for access to part or all
of the Freezone / Services, subject to giving you clear notice on same.
- Copyright and Trademark Notice
- 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
- 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.
- Disclosure and Reproduction
- The Customer agrees:
- 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.
- 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.
- Dialog’s usage of your personal information is governed
- Access Information
- 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.
- 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.
- You as the registered user of the account will:
- 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;
- 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;
- 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.
- You agree to check your bills carefully and inform us
immediately of any discrepancy.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- Reliance on the Functions Offered and Indemnification
- 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.
- Limitation of Liability
- 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.
- 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.
- Your only remedy under these Terms is to discontinue using the
Freezone and the Services.
- 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
- 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.
- 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.
- Governing Law and Jurisdiction
The Freezone and the Terms hereto shall be governed and construed in accordance
with the laws of Sri Lanka.
- Variation, Modification and Severability
- 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.
- 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.
- Monitoring / Recording of Communications
- 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.
- Processing your Instructions
- 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.
- An instruction will only be accepted by us if you have passed
through certain security criteria.
- You agree that we can act on any instructions given to us even
if these instructions were not authorised by you.
- 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.
- You must make sure that any instruction is accurate and
complete and we are not liable if this is not the case.
- 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.
- 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.
- Profligate Use
- 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.
- 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
- 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
available at www.dialog.lk/privacy-policy.
- 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.
- 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.
- 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.
- Rights of Third Parties
- 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.
- Force Majeure
- 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.