Terms & Conditions.

1.Use of the IdeaMart logo or Dialog logo for any marketing material carried out by the content partner/ developer is strictly prohibited.

2.Mentioning the Dialog name is allowed under the following circumstances

a. When mentioning service availability for Dialog customers b. In the above situation Dialog should be used in standard font, non-bold, not in any font that is close to the Dialog logo font and the text should be either black or white only

3.Use of a corporate/ not for profit/ private or public organization logo is prohibited, unless or otherwise that emblem belongs to the developer/ content provider/ organization.

4.Please refrain from using any corporate/ non-profit/ private or public organization details for any bad publicity or malicious intentions.

5.Please refrain from using any prohibited adult content, political, religious, racially charged and gambling content.

6.Please refrain from using false information such as the ability to send unlimited SMS/ free SMS via the apps created or any false charging rates.

7.Legal action will be taken on any individual/ organization that produces/ markets any content that is defamatory to the IdeaMart brand.

8.All marketing material must be sent to [email protected] for approval before it is published (Mention where you will be publishing and the date, along with the marketing material).

9.Please note bulk SMS based marketing is not allowed.

1.Customer Care

If you have a general enquiry about Dialog products and services, please contact Dialog Customer Care on Telephone +94 77 7 678 678 or email at [email protected]

2.Use of content

2.1.The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites (“the Services”).

2.2.You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.

2.3.You agree that the Sites and the Services are for your own personal use only on a single computer or device.

2.4.You may not:

a).copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Sites.

b).remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions.

c).reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law).

d).copy or use any material from the Sites and/or the Services for any commercial purpose.

e).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 Sites or obtained as a result of the Services.

f).set an hyperlink to any part of the sites in any form from your site without Dialog’s written consent.

2.5.Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.

2.6.You may establish a link or “deep link” to the Sites 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.

2.7.Users that are not subscribers to the Dialog Network acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of Dialog in the interest of fully subscribed customers of the Dialog Network.

2.8.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.

3.Your obligations

3.1.You warrant that you will only use the Sites and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorize or permit any other party to):

a).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;

b).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 Sites 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;

c).use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Dialog’s written consent; d).knowingly or recklessly transmit any electronic Content (including viruses) through the Sites 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;

e).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 behavior intended to inhibit other users from using and enjoying the Sites and/or the Services or any other website, or which is otherwise likely to damage or destroy Dialog’s reputation or the reputation of any third party.

3.2.You acknowledge that chat, discussion group or bulletin board services and similar services offered by Dialog (“Public Communication Services”) are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Dialog shall not be responsible for, and does not control or endorse any Content of any Public Communication Services.

3.3.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 Sites.

4.Access information

4.1.Following registration you may be issued with Access Information that may be used to access the Sites 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.

4.2.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 unauthorized access to the Sites and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorized or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offense.

4.3.You as the registered user of the account will:

a).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;

b).provide true, accurate, current and complete information in all fields indicated as compulsory when registering on the Sites and/or the Services and notify us immediately of any changes or mistakes;

c).if your Access Information becomes known to any other unauthorized user you must inform Dialog immediately or take subsequent measures to change your access codes.

4.4.Once you have ‘signed-in’ to any secure areas of the web-site, where you are requested to provide your Access Information, you must not at any time leave the Internet terminal or device from which you have accessed the Sites and the Services or let anyone else use the Internet terminal or device until you have logged out of the secure area of the Sites and the Services.

You will be responsible for ensuring that you have logged out of the secure area at the end of any session.

4.5.You must not access the Sites and the Services from any computer connected to a local area network (LAN) or any public Internet access device or access point without first making sure that no-one else will be able to observe or copy your access or get access to the Sites and the Services pretending to be you.

4.6.You agree to check your bills carefully and inform us immediately of any discrepancy.

5.Your information

Dialog’s usage of your personal information is governed by the Dialog’s privacy Policy Statement.

6.Proprietary rights

6.1.All TradeMarks used on the Sites and/or the Services are the trademarks of Dialog or one of Dialog’s affiliates or partnered companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Dialog or the Trade Marks.

6.2.You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Dialog, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.

6.3.You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any licence 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.

6.4.You hereby grant to Dialog a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Sites and/or the Services as Dialog sees fit and without notice to you, unless you have indicated otherwise in such communication.

7.Costs

7.1.Use of the Sites is currently free. However, Dialog reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.

7.2.You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.

8.Liability for content

8.1.It is your sole responsibility to satisfy yourself prior to using the Sites 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 Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.

8.2.The Sites and the Services are provided on an “as is” basis. Although every effort has been made to provide accurate information on these pages, neither Dialog, nor any of its employees, nor any member of the Dialog’s affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.

8.3.You acknowledge that Dialog is unable to exercise control over the security or subject matter of Content passing over the Dialog Network, the Sites or via the Services and Dialog hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

9.Liability for third party content

9.1.The Sites contains links to web sites, web pages, products and services also operated or partnered by Dialog and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed as incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or web page or attached to the relevant products or services shall prevail over these Terms and Conditions.

9.2.Dialog assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.

9.3.The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Dialog accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

9.4.Subject to Clause 13, you agree that Dialog does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and 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. 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 believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

10.Exclusion of liability

10.1.Nothing in these Terms and Conditions shall act to limit or exclude Dialog’s liability for death or personal injury resulting from Dialog’s negligence, fraud or any other liability, which may not by applicable law be limited or excluded.

10.2.Dialog shall use its reasonable endeavors to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, user congestion of the Dialog Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

10.3.Neither Dialog nor any member of the Dialog shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, Dialog specifically excludes all liability whatsoever in respect of any loss arising as a result of: a).use which you make of the Sites 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;

b).and; defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.

10.4.All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. 10.5.Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.

10.6.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 may be downloaded without your knowledge, which may give unauthorized persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorized, possibly without your knowledge.

11.Variation

11.1.Dialog reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and / or the Services or access to part or all of them at any time. 11.2.Dialog reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.

12.Indemnity

12.1.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 Sites 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 Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

12.2.You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Dialog arising from the above claims and shall provide Dialog with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

13.Monitoring / recording of communications

Monitoring or recording of your calls, emails, text messages or other 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 unauthorized use of Dialog’s telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

14.Processing your instructions

14.1.You request and authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.

14.2.An instruction will only be accepted by us if you have passed through certain security criteria.

14.3.You agree that we can act on any instructions given to us even if these instructions were not authorized by you.

14.4We 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.

14.5.You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.

14.6.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.

14.7.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 unauthorized 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 and Conditions.

15.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.

16.Termination

16.1.Dialog may elect to suspend, vary or terminate the Services and the Sites at any time without prior notice for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.

16.2.Dialog may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, delayed or non payment of sums due to Dialog or if Dialog ceases to offer the Sites and the Services to its customers for any reason whatsoever.

17.General

17.1.Governing Law and Jurisdiction – These Terms and Conditions are governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the Sri Lankan courts.

17.2.Severability – These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions. 17.3.Waiver – Dialog’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dialog in writing.

17.4.Representations – You acknowledge and agree that in entering into these Terms and Conditions 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 and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

17.5.Assignment – You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions 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 and Conditions in whole or in part to any third party at its discretion.

17.6.Rights of Third Parties – Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained in this Agreement.

17.7.Force Majeure – Dialog shall not be liable in respect of any breach of these Terms and Conditions 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.

18.Definitions

“Access Information” means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or CLI or similar recognition device;

“Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;

“Functionalities” means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;

“Services” has the meaning given to it in Clause 2.1;

“Terms and Conditions” means the contract between Dialog and you incorporating these terms and conditions; “Trade Marks” means the word or mark “Dialog”, however represented, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;

“Dialog” means Dialog Axiata PLC, whose registered office is at 475 Union Place, Colombo 2, Sri Lanka and may also be referred to as “Dialog”, “we” or “us” in these Terms and Conditions.

Subscriber Details

To protect subscriber identity, Dialog has ensured that no customer details, including phone numbers, customer locations or personal information of whatever sort is not shared with any application developer, without the consent of the customer.

If a subscriber willingly shares such information with a developer via any services provided by the Ideamart platform via SMS or any other means, Dialog will not be liable for such an act by any means.

In addition the Privacy Policy of Dialog Axiata PLC would apply for ideamart in full force.