Group Reply

Terms of Service

Use of the Group Reply service provided by Dialog Axiata PLC, bearing company No. PQ38 and having its registered office at No. 475, Union Place, Colombo 02 (hereinafter called “Dialog”) is subject to the following Terms of Service (“TOS”). These terms may be updated without notice and will be available at www.dialog.lk/grpreplytc. By accessing and Using Group Reply, you agree that you have read, understood and accepted the terms and conditions below for the use of the Group Reply services and the SMS messaging system (collectively, the “Services”).

“Using” means to access, install, receive, send messages, view, upload, information, content or otherwise benefit from using the functionality of the services.

Description of Services

The Service is a value added service that enables multiple users to message each other simultaneously. Similar to the common CC and Reply-All features of e-mail, the Service enables subscribers to communicate simultaneously with multiple Users by sending a single message. Just like Peer to Peer SMS, This will be offered as a paid service, where you will pay for the messages sent.

You understand and agree that the Services are provided “AS-IS” and that Dialog assumes no responsibility and/or liability for the timeliness, mis-delivery or failure to transmit communications.

You understand and acknowledge that the TOS are subject to changes, modifications, amendments, updates as may be applicable from time to time. Dialog will post such updated TOS on the Website of the Company www.dialog.lk. The updated TOS shall be automatically applicable to you, whether you use Services or not.

Violation of the TOS can result in legal liability to you. Nothing in these TOS shall be construed to confer any rights to third party beneficiaries.

Eligibility

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from services under the laws of the country that your mobile number is registered or the country where you may be travelling at the time of using the service or other applicable jurisdiction.

Privacy

Your phone number and other information about you is subject to Dialog’s Privacy Policy, which is available at http://www.dialog.lk/privacy-policy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Conduct

You agree not to use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or “spam”. You agree not to assume the identity of any individual other than yourself. You may not impersonate another member, or a staff member of Dialog. You agree not to transmit materials through the Services which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) contains a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitor or copy content on the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) impose an unreasonable or disproportionately large load on the Servies infrastructure; (vi) involve fraudulent or illegal activities; or (vii) are intended to harass or annoy or hurt the sentiments of others. (viii) is libellous, slanderous or defamatory in nature, hurts the sentiments or is against any third party, Dialog, any User.

You acknowledge, consent and agree that Dialog may access, preserve and disclose your account information and correspondence if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dialog, its users and the public. You acknowledge that Dialog doesn’t pre-screen Content, but that Dialog and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is moved by using Services.

Modifications to the Service

Dialog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dialog shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Termination

You agree that Dialog may, for any reason or no reason and without prior notice, immediately terminate this TOS agreement and your Group Reply account. You may terminate this TOS agreement for any reason by contacting Dialog.

Submissions

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent by you to Dialog shall be and remain the exclusive property of Dialog. Your submission of any such Comments shall constitute an assignment to Dialog of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Dialog will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, Dialog may ask that you not send Dialog any Comments that you do not wish to assign to Dialog, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Dialog expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Charges

The charges for using the Service are levied directly by Dialog. You specifically understand and agree that these charges are decided by Dialog and may vary from time to time. The charges are mentioned in the Service and administrative messages that are sent to you by Dialog. You are advised to read these messages carefully. In case of any questions, you may contact the customer support of Dialog by sending e-mail to service@dialog.lk.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIALOG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIALOG AND ITS SUBSIDIARIES, HOLDING & SISTER COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (vi) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR ANY OTHER DEVICES IN USE OR LOSS OF DATA THAT RESULTS FROM ANY DOWNLOADS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIALOG AND ITS SUBSIDIARIES, HOLDING & SISTER COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES DIRECTLY OR INDIRECTLY (VIA YOUR TELECOM OPERATOR) (EVEN IF DIALOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

Indemnity

You hereby indemnify and hold Dialog, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, costs, damages, expenses, and liability caused by your use of the Services or, your violation of this TOS, or your violation of any rights of a third party through use of the Dialog Services.

Force Majeure

You understand and agree that the Services may become non operational fully or partially or is interrupted, stopped due to any Act of God or Force Majeure including natural calamities like flooding, earthquake, fire, power breakdown, terrorist attack, internet, network going down or remain non operational, Government Regulation, Notification, Circular or Guidelines, or any change of law or regulation, or any other reason beyond control of Dialog.

Governing Law

This TOS Agreement shall be governed by the laws of Sri Lanka without reference to conflict of laws provisions, and all disputes arising hereunder shall be brought in the courts of Sri Lanka.

Entire Agreement

This TOS Agreement constitutes the entire agreement between you and Dialog with respect to your use of the Service. Please contact us on Telephone +94777678678 or email at service@dialog.lk with any questions regarding this Agreement.