You agree that Mobitel at its sole discretion may revise the Terms and Conditions herein at any time without assigning any reasons therefore and you agree to be bound by all such revisions made by Mobitel from time to time. It is your responsibility to periodically review the latest version of the Terms and Conditions uploaded on the Terms and Condition page of the Application to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Mobile Application after the date such revised Terms and Conditions are posted. You hereby waive any right to receive specific notice of such change/revision.
You understand and agree that data charges would apply for downloading and installing the Mobile Application on to your wireless electronic device as per your data package and you agree to bear such charges.
The content and information provided on the Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You warrant and represent that you are not prohibited from downloading, installing and using the Mobile Application by virtue of any applicable law or regulation
The Terms and Conditions shall constitute all the terms and conditions set out herein and any revisions and modifications made thereto by Mobitel from time to time and any documents, terms and conditions incorporated by reference to the Terms and Conditions from time to time.
1. User Registration
1.1 You may be required to register, create an Account and would require to validate the service number in order to use the Mobile Application
1.2 You agree to keep your password confidential and will be fully responsible for all use of your account and password. All transactions and acts done through your Account shall be considered as done by you.
1.3 Mobitel reserves the right to remove, reclaim, or change a username you select if Mobitel determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
1.4 Mobitel will not be responsible for any lost or misplaced passwords or for any transactions done by third Parties through your Account with or without your knowledge or for any information and/or content downloaded or obtained through your Account. You undertake to indemnify Mobitel against all losses, damages and claims arising from lost, misplaced passwords and for any transactions conducted by you and any third parties through your Account and/or for any content/information downloaded or obtained through your Account.
1.5 Mobitel reserves the right to disable without any compensation and/or obligations to you, on a temporary or permanent basis, any Account at any time, and for any cause, including, but not limited to, a breach of the Terms and Conditions.
2. User Representations
2.1 By using the Application, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you will furnish such information/documentation as Mobitel may reasonably require from time to time (4) you have the legal capacity and you agree to comply with these Terms and Conditions; (5) you are not prohibited from using or accessing the Mobile Application by virtue of any applicable law or regulation (6) not a minor in the jurisdiction in which you reside; (7) you will not access the Application through automated or non-human means, whether through a bot, script or otherwise; (8) you will not use the Application for any illegal or unauthorized purpose; (9) your use of the Application will not violate any applicable law or regulation and (10) you are not located in a country designated as terrorist supporting country by the Sri Lankan government or subject to any government embargo or you are not listed on the government list of prohibited or restricted parties.
2.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).
3. Grant of License
3.1 Subject to the terms and conditions of this Agreement, Mobitel grants you a limited, non-transferable, revocable and non-exclusive license to view, download, install and use a single copy of the Application for your informational, personal, non-commercial use (the “License”) on any wireless electronic device that you own or control, strictly in accordance with the Terms and Conditions. The License does not allow you to use the Mobile Application on any device that you do not own or control, and you should not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
3.2 You shall not (a) rent, lease, lend, loan, sell, distribute, redistribute or sublicense the Application. (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, the content therein, any updates, or any part thereof. (c) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (d) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (e) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; (f) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (g) use the Application for Mobitel’s actual or potential economic disadvantage in any respect, including using the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (h) use the Application to send automated queries to any website/mobile application or to send any unsolicited commercial e-mail; (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application or (j) use the Application for any purpose which would be contrary to Mobitel’s business interest. Any attempt to do any of the forging would be a violation of Mobitel’s and/or its licensor’s rights. All rights not specifically and expressly granted under the License are reserved by Mobitel and its licensors.
3.3 The Application is licensed, not sold. The License confers no title to or ownership in the Application and should not be construed as a sale of any rights in or to the Application or the content therein. Mobitel may terminate, change, suspend, or discontinue any aspect of the Application, including the availability of any content or features of the Application, at any time and in Mobitel’s sole discretion.
4. Prohibited use
4.1 You should use the Application responsibly and with due care.
4.2 You should not access or use the Application for any purpose other than that for which we make the Application available.
4.3 As a condition of use, you undertake not to use the Application and/or post or transmit any content through the Application, for any purpose that is unlawful or prohibited by the Terms and Conditions or for any other purpose not reasonable intended by Mobitel. By way of example, and not as a limitation, you agree not to use the Mobile Application;
(a) To abuse, harass, threaten, impersonate or intimidate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) To upload, post, email, transmit or otherwise make available or cause to be uploaded, posted, emailed or transmitted any content that is harmful, threatening, abusive, harassing, tortious, libelous, obscene, vulgar, defamatory, violent, pornographic, discriminatory, political, unlawful, hateful, illegal, immoral, offensive, invasive of another's privacy, or is racially, ethnically or otherwise objectionable;
(c) To upload, post, email, transmit or otherwise make available or cause to be uploaded, posted, emailed or transmitted any nude, partially nude, sexually suggestive photos, videos or similar content via the Application;
(d) To forge headers or otherwise manipulate identifiers in order to disguise the origin of any user content transmitted in connection with the Application;
(e) For any purpose that is not permitted under the laws of the jurisdiction where you use the Application or inconsistent with any applicable laws or regulations;
(f) To post or transmit or cause to be posted or transmitted any communication or solicitation designed or intended to obtain password, usernames, email addresses, account or private information from any user of the Application;
(g) To systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(h) To upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation to any person or any URL;
(i) To use any information obtained from the Application in order to contact, advertise, solicit or sell to any user without their prior explicit consent;
(j) To create multiple accounts for the purpose of voting for or against user’s photographs or images;
(k) To upload, post, email, transmit or otherwise make available or cause to be uploaded, posted, emailed or transmitted any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(l) To upload, post, email, transmit or otherwise make available or cause to be uploaded, posted, emailed or transmitted any content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or entity;
(m) To upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses or any other computer code, files or programs or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment or that that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application;
(n) Except as may be the result of standard search engine or Internet browser usage, you agree not to use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Mobile Application, or to use or launch any unauthorized script or other software;
(o) To disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
(p) To engage in unauthorized framing of or linking to the Application;
(q) To make improper use of our support services or submit false reports of abuse or misconduct;
(r) To engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(s) To sell or otherwise transfer your profile;
(t) To use any information obtained from the Application in order to harass, abuse, or harm another person;
(u) To use the Application as part of any effort to compete with us or otherwise use the Application and/or the content therein for any revenue-generating endeavor or commercial enterprise;
(v) To decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application;
(w) To collect or store personal data about other users;
(x) To delete the copyright or other proprietary rights notice from any content;
(y) To copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(z) To upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(aa) To refrain from artificially inflating or altering any vote counts, comments or any other functions/features offered through the Application or to participate in any other organized effort that in any way artificially alters the results or functions/features of the Application
(bb) You agree that you will not (i) take any action that imposes or may impose in our sole discretion any unreasonable or disproportionately large load on our infrastructure or (ii) interfere or attempt to interfere with the proper working or use of the Application or any activities conducted on the Application or (III) bypass, circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any content or enforce limitations on the access or use of the Application and/or the content contained therein or (iv) to interrupt, damage or make less efficient the Mobitel systems, network and services or to cause any inconvenience to Mobitel, its staff and customers.
4.4 You shall maintain, and provide upon request, adequate records, system tools output, and access to your premises and systems as reasonably necessary for Mobitel to conduct audits and ascertain your compliance with these Terms and Conditions, and you agree to promptly comply with any order issued by Mobitel for such required entitlements, to pay additional charges and other liabilities determined as a result of such verification.
4.5 Mobitel retains the right to take down/remove with or without notice to you and without any compensation or obligations to you, any material/content which in Mobitel’ s opinion violates the Terms and Conditions.
4.6 You also agree that Mobitel may immediately take down or remove any content/material without any obligations or compensation to you, if Mobitel is in receipt of any allegations that the content/material have been posted or transmitted in violations of any person’s rights (including third party intellectual property rights) or in violation of any of the Terms and Conditions.
5. Intellectual Property
5.1 You agree that the Mobile Application, including but not limited to all products, source code, user interface, databases, functionality, designs, audio, video, text, photographs, graphics, and software used to implement the Mobile Application contains proprietary information and materials that is owned by Mobitel and/or its licensors and is protected by applicable intellectual property and other law including but not limited to copyright. (collectively, the “ Proprietary Property”). You agree that you will not use such Proprietary Property in any way whatsoever except for use of the Mobile Application in compliance with these Terms and Conditions.
5.2 You further agree that trademarks, service marks, and logos contained in the Mobile Application (the “Marks”) are owned or controlled by us or licensed to us, and are protected by applicable intellectual property and other laws. The Proprietary Property and the Marks are provided on the Mobile Application “AS IS” for your information and personal use only. You agree that no portion of the Mobile, Application, Proprietary Property and Marks shall be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission. Provided that you are granted a limited license to access and use the Application and to download audio, video, text, photographs to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Mobile Application, Proprietary Property and the Marks.
6. User Generated Contributions
6.1 The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites/ mobile applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
b) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Mobile Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms and Conditions.
c) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms and Conditions.
d) your Contributions are not false, inaccurate, or misleading.
e) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
f) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
h) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
i) your Contributions do not violate any applicable law, regulation, or rule.
j) your Contributions do not violate the privacy or publicity rights of any third party.
k) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
l) your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
m) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
n) your Contributions do not otherwise violate, or link to material that violates, any provision of the Terms and Conditions, or any applicable law or regulation.
Any use of the Application in violation of any of the foregoing violates the Terms and Conditions herein and may result in, among other things, termination or suspension of your rights to use the Application.
6.2 Contribution License
6.2.1 By posting your Contributions to any part of the Application [or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
6.2.2 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
6.2.3 We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
6.2.4 We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
6.3 Guidelines for Reviews
6.3.1 We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you should not post any false or misleading statements; and (8) you should not organize a campaign encouraging others to post reviews, whether positive or negative.
6.3.2 We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
7. Submissions
7.1.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. Third-Party Websites/Applications and Content
8.1.1 The Application may contain (or you may be sent via the Application) links to other websites/applications ("Third-Party Websites/applications") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites/applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites/applications accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites/applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites/applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites/applications or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website/application to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites/applications will be through other websites/applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites/applications and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites/applications.
9. In-app Purchases
9.1.1 This Application may contain in app purchases offering you the opportunity to purchase goods and services through the Application.
9.1.2 You may opt to pay for the goods and services through your Mobitel post-paid or pre-paid connection, via mCash or through third party payment processing services available on the Application.
9.1.3 You hereby authorize and permit Mobitel to deduct your pre-paid Mobitel account in case you opt to make payment through your Mobitel pre-paid connection or add to the monthly bill of your post-paid Mobitel account in case you opt to make payment through your Mobitel post-paid connection or deduct from your mCash Account with any payments you opt to make via mCash.
10. Third Party Service Providers
10.1.1 The Application may use third party authorized service providers to provide Mobitel with services related to your use of the Application, including payment processing services. By downloading, installing and using the Application, you acknowledge and agree that any purchases you make through the Application, and any interactions you have with any such authorized providers of the Application’s operation, will be subject to and treated in accordance with the Terms and Conditions and privacy policies of such authorized service providers, which policies are made available to you by the links provided in the applicable portions of the Application. Mobitel strongly urges you to review all such policies before purchasing tickets through the Application or otherwise interacting with a third party service provider.
11. Advertisers
11.1.1 We allow advertisers to display their advertisements and other information in certain areas of the Application. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. You agree that Mobitel may take down such advertisements, without any compensation or refund to you, if such advertisements in Mobitel’s opinion violate any of the Terms and Conditions in this Agreement. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
12. Application Management
12.1.1 We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.
13. Data Protection and Privacy
13.1.1 By clicking “I Accept” to the Terms and Conditions, you consent to Mobitel collecting, processing, storing and disseminating to third parties such Personal Data provided by you or generated by Mobitel in the course of making the Application and its services available to you, for the following purposes:
a) Provision of the Application, and its services (including In-app purchases) to you,
b) Management of your Account by customer care,
c) Market research and subscriber-profiling based on usage and preferences for the purpose of initiating information, promotions and/or marketing campaigns associated with Mobitel’s services and/or network unless you have explicitly opted out,
d) Credit profiling of subscriber to ascertain his/her creditworthiness,
e) Prevention and detection of fraud, money laundering and terrorist financing,
f) Compliance with applicable laws and regulations.
13.1.2 You agree that Mobitel may transfer Personal Data to other countries as and when required for provisioning of goods and/or services supplied by overseas suppliers /service providers, to facilitate third party payment processing facilities and/or appropriate data-management purposes. “Personal Data” shall mean data relating to the you which are provided to Mobitel by you or such data generated, collected, used, processed and stored by Mobitel about you including but not limited to name, address, phone number, date of birth, ID numbers, call data records, traffic data, location data and other meta data, credit card details, billing records, voice mail, email addresses, data recorded by customer services, and such information as required under applicable laws and regulations in Sri Lanka
14. Term and Termination
14.1.1 These Terms and Conditions shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
14.1.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
15. Modifications and Interruptions
15.1.1 We reserve the right to change, limit, modify, discontinue or remove the contents, features and/or functions of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify, suspend, discontinue or terminate all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, discontinuance or modification of the Application.
15.1.2 We cannot guarantee the Application will be available at all times and will be error free. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.
16. Governing Law
16.1.1 These Terms and Conditions and your use of the Application are governed by and construed in accordance with the laws of Sri Lanka, without regard to conflict of law principles.
17. Dispute Resolution
17.1.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Condition (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
17.1.2 Binding Arbitration
Failing such amiable resolution, any doubt, difference, dispute, controversy or claim arising from, out of or in connection with these Terms and Condition, shall be exclusively settled by arbitration in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice (ICPL) of Sri Lanka and the Arbitration Act No.11 of 1995 of Sri Lanka. The Arbitral Tribunal will be composed of a sole arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Colombo, Sri Lanka. Such arbitration proceedings will be conducted in English language. The Parties consent to the exclusive jurisdiction and venue of such arbitration and waive any right to object to such jurisdiction and venue. The arbitrator shall have no authority to award exemplary or punitive damages, but shall have the authority to award costs to either party as deemed appropriate by the Arbitrator. The award rendered by the arbitrator shall be final and binding upon both Parties. The award shall state the reasons upon which it is based. Judgment on the award may be entered and enforced in any court of competent jurisdiction.
The arbitration shall be the sole recourse of the Parties, to the exclusion of the courts of law. However, nothing herein shall preclude the Parties’ rights for seeking from any Court of competent jurisdiction temporary remedies for all matters where a Party, in the absence of immediate resolution, may suffer significant injury not easily remedied by the later award of compensation; such temporary remedies shall not be sought as a mean of avoiding arbitration.
In no event shall any Dispute brought by you related in any way to the Application be commenced more than 6 years after the cause of action arose.
18. Corrections
18.1.1 There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.
19. Disclaimer
THE MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES/APPLICATONS LINKED TO THIS MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION, ANY HYPERLINKED WEBSITE/APPLICATION, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR SRI LANKAN RUPEES ONE HUNDRED THOUSAND. YOU HEREBY EXPRESSLY WAIVE YOUR LEGAL RIGHTS, PAST OR FUTURE, AGAINST MOBITEL FOR PROVIDING THE MOBILE APPLICATION SERVICE.
21. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Mobile Application; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Mobile Application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. User Data
We will maintain certain data that you transmit to the Mobile Application for the purpose of managing the Mobile Application, as well as data relating to your use of the Mobile Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
23. Electronic Communications, Transactions, and Signatures
Clicking “I Accept” for the Terms and Conditions, visiting the Mobile Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Mobile Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MOBILE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. Miscellaneous
These Terms and Conditions, and any policies or operating rules posted by us on the Mobile Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Mobile Application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions. Clauses 1.4, 2, 3.2, 4, 5, 6,7,8,10,11,14,16, 17, 19, 20,21 and 24 shall survive termination or expiry of this Agreement.