D-App

Terms & Conditions for Use of SMS voucher service

Introduction

Welcome to the SMS Voucher service of Dialog Axiata PLC. In Using SMS Voucher service of Dialog Axiata PLC you are deemed to have accepted the terms and conditions listed below.

Please read the Terms and Conditions carefully before using the SMS voucher service either via SMS or D-App Mobile application. By accessing or using this Service, you agree to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, You may not access or use this Service. If you utilize the Service in a manner inconsistent with these Terms and Conditions, DIALOG may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse. DIALOG may modify the Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms and Conditions.

In addition, when you use any current or future Service or visit or purchase from any business affiliated with DIALOG, whether or not included in the SMS Voucher service, you also will be subject to the guidelines and conditions applicable to such Service or business. If such service conditions are in conflict and/ or inconsistent with any of the Terms and Conditions of the Site, the Terms and Conditions of the Site shall prevail.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS AND COPYRIGHT

Dialog Axiata PLC, D-App, SMS Voucher and any other SMS Vouchers graphics, logos, page headers, button icons, scripts, and service names are registered or unregistered trademarks or trade names of DIALOG, its affiliates or its Partners in Sri Lanka and/or other countries. The “D-App”, “SMS Voucher” and the “DIALOG” trademarks and/or trade names may only be associated with its products and services and may not be used in connection with any other products and/ or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “D-App”, “SMS Voucher” or “DIALOG” . All other trademarks not owned by DIALOG or its Partners or its Merchants that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DIALOG its Merchants or its Partners.

All content included on D-App and in SMS Vouchers, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of DIALOG, its Partners or its Merchants and such content is protected under the Intellectual Property Act of Sri Lanka No 36 of 2003.

LICENSE AND Access to Application

DIALOG grants you a limited license to access and make personal use of this service through the mobile application (D-App) and through SMS. You may print and download (page caching) or portions of material from the different areas of the Service solely for your own non-commercial use. Any other copying, re-sale, duplication or exploitation for any commercial purpose, redistribution, retransmission or publication of any downloaded material such as product listings, descriptions, prices, account information, or any other derivative use of the service or its contents; and/or any downloading or copying of account information for the benefit of another Merchant; and/or any use of data mining, robots or similar data gathering and extraction tools is strictly prohibited without the express written consent of DIALOG. You agree to grant DIALOG a non-exclusive, royalty free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit create derivative works of publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service by all means and in any media now known or hereafter developed. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DIALOG and our Partners without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Dialog‘s name or trademarks without the express written consent of DIALOG. Any unauthorized use terminates the permission or license granted by DIALOG. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray DIALOG, its Partners, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DIALOG or ibuy.lk logo’s or other proprietary graphic or trademark as part of the link without express written permission.

Information and security

You agree to authorize DIALOG immediately of any unauthorized use of your account or any other breach of security. DIALOG will not be liable for any loss that you may incur as a result of someone else using your account either with or without your knowledge. However, you could be held liable for losses incurred by DIALOG or another party due to someone else using your account. SMS Voucher service either through D-App or SMS shall not be selling products to children, but it sells them to adults, who can purchase with a credit card or stipulated payment methods. If you are under the age of 18, you may use SMS voucher service only with involvement of a parent or guardian. DIALOG and its Partners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All SMS Vouchers purchased either via SMS or D-App will be delivered via SMS to the purchaser’s mobile number or mobile number assigned by purchaser. The risk of any third party misuse of the Voucher PIN is at the loss of the purchaser.

PRICING

The price displayed in the vouchers is the price applicable all the time and cannot be combined or transferred to any other promotional vouchers that may be displayed in the Merchant outlets at any given time.

With respect to voucher sold through the SMS voucher service, we cannot confirm the price of the voucher until you have ordered; however, we do NOT charge your credit card or other payment methods until after your order has been confirmed.

Please note that this policy applies only to Vouchers sold through the SMS voucher Service. With regard to your purchases from third-party sellers using the Site the third party sellers may follow different policies in the event of an incorrectly priced item. Unless otherwise specified all prices shall be listed in Sri Lankan Rupees (LKR)

RETURN, REFUND, CANCELLATION POLICIES.

Once purchased the SMS Vouchers cannot be cancelled or refunded unless due to any technical error the SMS Voucher was not delivered as at the point of cancellation.
Products and Services purchased through vouchers that require refunds/returns needs to be directly negotiated with the respective Merchant.

OTHER BUSINESSES

Parties other than DIALOG, their Partners and Merchants provide SMS vouchers through this Service also via the D-App. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. DIALOG does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY of D-App

The D-App and all information, content, materials, products (including software) and services included on or otherwise made available to you through the D-App are provided by DIALOG or its Partners on an “as is” and “as available” basis, unless otherwise specified in writing. DIALOG and its Partners make no representations or warranties of any kind, express or implied, as to the operation the D-App or the information, content, materials, products (including software) or services included on or otherwise made available to you through the D-App, unless otherwise specified in writing. You expressly agree that your use of the D-App is at your sole risk.

To the fullest extent permissible by applicable law, DIALOG and its Partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. DIALOG and its Partners do not warrant that this Site; information, content, materials, products (including software) or services included on or otherwise made available to you through the D-App; their servers;, or other harmful components. DIALOG and its Partners will not be liable for any damages of any kind arising from the use of the D-App or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the D-App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Fraudulent /Declined Transactions

Dialog Axiata PLC reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Dialog Axiata PLC reserves the right to initiate legal proceedings against such persons for fraudulent use of this service and any other unlawful acts or omissions in breach of these terms and conditions.

APPLICABLE LAW

The Site and the Terms and Conditions herein contained shall be governed and construed in accordance with the laws of Sri Lanka, By accessing the Site, you agree that the laws of Sri Lanka will govern all matters relating to the Site without giving effect to any principles of conflict of laws

Gift Voucher Validity

Gift vouchers are valid only within the stipulated time period and shall be used before the date of expiry from the date of delivery. After the expiry date you cannot use the vouchers nor shall the refunds be effective. We are processing the vouchers on behalf of the Merchant.

You Agree and Confirm

That in the event of a non-delivery occurs on account of a mistake by you (i.e. mobile number or any other wrong information) any extra cost incurred by Dialog Axiata PLC for redelivery shall be claimed from you.
That you will use the services provided by Dialog Axiata PLC, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the service /transacting on the application.
You will provide authentic and true information in all instances where such information is requested of you. Dialog Axiata PLC reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Dialog Axiata PLC has the right in its sole discretion to reject the registration and debar you from using the Services of SMS Voucher either via the D-App or SMS or any other services of Dialog Axiata PLC without prior intimation whatsoever.
That you are accessing this service and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction of SMS voucher service.
That the mobile number to which delivery of the Voucher is ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
To carefully read the description of SMS vouchers and the retail brand’s location before placing the order.
On some festive occasions, owing to the number of SMS orders, the SMS’s might be delivered before or after the selected date and time by you. We do not take any responsibility for such late or early deliveries.
We are a service which acts as a facilitator for users, who want to send SMS vouchers, and retail brands who own them. We do not take any responsibility for any losses, expenses, quality of products or services, damages and / or taxes / incurred by Users / Merchants in the use of our facility. The price you pay includes the Merchant cost inclusive of all taxes and our service charge.
The price displayed on the website checkout includes Service Cost, Bank Processing Charges (Credit card payments) and other commissions.
For orders in which problem arises owing to the mistake of the user e.g. wrong mobile number or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.
We will not be responsible for any delay / non-delivery of the order by the SMS Gateway Merchant because of flood, fire, wars, act of God or for any reason that are beyond our control. For such orders a complete refund will be provided.
The SMS vouchers are redeemable only in the locations mentioned on the D-App. If you have purchased a SMS voucher without verifying the presence of the retailer/Merchant at the intended location, Dialog Axiata PLC is not responsible for the same and refund will not be given in such a situation.
The retail brand/Merchant may discontinue the use of the SMS vouchers without informing. Dialog Axiata PLC has no responsibility in such cases. We take no responsibility and no way will Dialog Axiata PLC be liable or entertain refunds. Voucher holder shall directly contact the Merchant in such a situation.
The retail brand/Merchant SMS vouchers may impose additional Terms and Conditions on the usage of these SMS vouchers. Dialog Axiata PLC has no responsibility in such cases. No refund shall be given in such a case.

You may not use the Site for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person’s use or enjoyment of this service
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to this service
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Third Party Product Information and Advertisements on D-App

PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case of third party Merchants/retail brands who advertise their products on our site.
You understand and agree that there may be certain products, which will be advertised on the Mobile application by third party Merchants (‘Merchants’). Dialog Axiata PLC may not be able to control the transactions or the acts and omissions of the Merchants in such transactions. When you buy SMS vouchers for such Merchants through SMS or through the D-App the following additional terms and conditions will become applicable:

* Dialog Axiata PLC is not responsible for any non-performance or breach of any contract entered into between you and the Merchant. Dialog Axiata PLC cannot and does not guarantee that the Merchants will perform any transaction concluded through the SMS voucher service.

Dialog Axiata PLC does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold by the Merchant. In particular, Dialog Axiata PLC does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Giftsms.com.au accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You release and indemnify Dialog Axiata PLC/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Merchants on the D-App or through the use of this service and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Dialog Axiata PLC cannot control the information provided by other Merchants, which is made available on the D-App. You may find other Merchant’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the service via SMS or the D-app mobile application.
All other terms and conditions of this User Agreement are applicable to such transactions.

Modification of Terms and Conditions of Service

Dialog Axiata PLC may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Dialog Axiata PLC You should regularly review the Terms and Conditions on Dialog Axiata PLC. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Termination

This User Agreement is effective unless and until terminated by either you or Dialog Axiata PLC. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Service. Dialog Axiata PLC may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to this service. Such termination will be without any liability to Dialog Axiata PLC. Upon any termination of the User Agreement by either you or Dialog Axiata PLC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Dialog Axiata PLC’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

D-App Security

You are prohibited from violating or attempting to violate the security of D-App, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the application, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) . Violations of system or network security may result in civil or criminal liability. Dialog Axiata PLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the application or any activity being conducted on this application.

LIMITATIONS ON YOUR USE OF THE SERVICES

You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service. You agree to advise Dialog Axiata PLC promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. Dialog Axiata PLC is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.

* The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that SMS voucher service is not for commercial use but is specifically meant for personal use only.

* The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Dialog Axiata PLC’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on servers located in Sri Lanka, that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use this service.

AVAILABILITY OF SERVICES

You acknowledge and agree that the availability of SMS, GPRS, Wifi and your ability to use the Services is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that delivery of SMS messages and availability of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the mobile handset make and model. Dialog Axiata PLC is not responsible for the act or omission of any mobile operator or mobile handset, any limitations imposed by such mobile operator or mobile handset , or such mobile operator and mobile handset’s ability or inability to support the Services. In addition, Dialog Axiata PLC is not responsible for any limitations of the internet. you acknowledge and agree that Dialog Axiata PLC not liable for any loss or damage. In addition and without limiting the foregoing, in no event will Dialog Axiata PLC be liable for any error by you in using the Services, including submission of an order or other message to an incorrect allocated number or short code.

MODIFICATION OF SERVICES

Dialog Axiata PLC reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party Merchants. Dialog Axiata PLC shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.

OUR ADDRESS

You can contact us at the following address for any further queries or any difficulty you may have with the Site.

Dialog Axiata PLC
475 Union Place,
Colombo 02
Web : www.dialog.lk
Email : dapp@dialog.lk
Contact Number : +94 777 678678