Terms and Conditions for Online Sales (Door-Step Delivery)

1. Acceptance of the Terms.
   1. 1.1 Please read these terms and conditions for device sales, including the ‘Privacy Policy’, ‘Terms and Conditions’ of the Dialog.lk website, ‘Terms and Conditions for Buyers’ and ‘Terms and Conditions of Delivery’ (collectively “Terms”) carefully. Your access and use of the content and Services (as defined below) mean that You acknowledge, accept and agree to abide by the said Terms. Furthermore, by using the Dialog.lk (“Dialog.lk” / “Site”) You represent and warrant that You have the right and authority to enter into these Terms, to abide by all of the Terms and that You are above eighteen (18) years of age. Any reference to “You” or “Yours” refers to you, the user of the Dialog.lk Site and the Services.
   2. 1.2 Dialog Axiata PLC (hereinafter referred to as "Dialog" / "Us" / "We" or "Our") may in its sole discretion alter, add or delete these Terms or any part thereof from time to time without any prior notice and which shall come into effect automatically unless otherwise specified.
   3. 1.3 You agree that the Site and the Services are for Your own personal use only.
   4. 1.4 The services that the Site is providing to You consist the content and the functionalities available on the Site or otherwise provided to You as a result of Your use of the Site (“Services”).
2. Dialog.lk Account.
   1. 2.1 General Terms To use the Dialog.lk Services, You must first create an Account ("Dialog.lk Account") by correctly and accurately providing all of the information listed on Dialog.lk’s registration page. Dialog reserves the right to cancel any Account at any time at Dialog’s sole discretion, without assigning any reason therefore.
   2. 2.2 Account To use Dialog.lk as a buyer, You must first create an account (“Account”) on Dialog.lk by providing the required details as per the Site and by logging in via Your online social logins (facebook/twitter/ google/ yahoo mail). The said Account will be limited for the purpose of making purchases on the Site. You shall represent and warrant that all information provided to Dialog.lk is true and accurate and further confirms that You have read and understood the ‘Terms and Conditions of Delivery’ herein. Confidentiality of Your Account and the password shall be the sole responsibility of You and You shall be held liable for any and all activities/transactions carried out/occurred through Your Account/password either authorized by You or otherwise.
3. Grant of License to Use the Site
   1. 3.1 All title and intellectual property rights in and to the Dialog.lk Site (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Dialog.lk Site), are owned by Dialog and/or third parties. Provided that You comply with the Terms of this Agreement, including without limitation by establishing a Dialog.lk Account and maintaining such Dialog.lk Account in good standing, Dialog.lk grants to You a limited right to use the Dialog.lk Site and the Services offered therein. You acknowledge and agree that You have no right (i) to use the Dialog.lk Site and the Dialog.lk Services except as expressly set forth in the Terms; (ii) pursuant to the Terms, to reproduce, create derivative works of, distribute copies or derivative works of, and publicly perform and display any original works of authorship to be found within the Dialog.lk Site; (iii) pursuant to the Terms, to use any trademarks in any manner.
4. Fees and Payments.
   1. 4.1 Dialog reserves the right to, at any time and in Dialog’s sole discretion, amend the Terms to institute a charge for use of some or all of the Dialog.lk Services and/or to change any such charge previously instituted. Unless otherwise stated, all fees are quoted in Sri Lankan Rupees (LKR). You are responsible for paying all fees associated with using the Dialog.lk Site and the Dialog.lk Services and all applicable taxes.
   2. 4.2 You shall pay the product(s) value and applicable delivery charges to Dialog on Dialog.lk by using available payment methods.
5. Prohibited Content.
   1. 5.1 Any content posted on the Site shall not;
      1. 5.1.1 directly or indirectly contain information, views, stimulations and/ or images of politics, matrimonial agencies, clubs, unlicensed employment services bureaus, betting tips, betting, tobacco, alcohol, religion, medicine, obscenity and/or any other illegal/ anti-social subject matter;
      2. 5.1.2 infringe the intellectual property rights of any third party;
      3. 5.1.3 contain personal testimonial with specific reference to the character of a person;
      4. 5.1.4 contain anything which clearly offends against generally prevailing community standards relating to decency;
      5. 5.1.5 libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any person or third party;
      6. 5.1.6 contain false or unwarranted claims for any products or services or any defamatory statements;
      7. 5.1.7 contain viruses or any other technologies that may harm the Site or the interests or property of its users;
      8. 5.1.8 include any statement, picture, audio or video that promotes the products or services of Dialog’s competitors.
   2. 5.2 The prohibited content shall not be limited to the above and Dialog reserves the right to at its sole discretion regard any content as prohibited content and refuse to display such content.
6. User Information.

   You acknowledge, accept and agree that Your information will be governed by the ‘Privacy Policy’.

7. Exclusion of Liability
   1. 7.1 To the fullest extent permitted by law, Dialog shall exclude all liability arising from these Terms.
   2. 7.2 Dialog shall use its reasonable endeavors to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, other communications networks, user congestion of the network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
   3. 7.3 Dialog shall not 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 Site 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 Site and the Services or in reliance of the Services or any loss of any Services or Your content resulting from delays, non-deliveries, missed deliveries, or service interruptions; and

      b) 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 Site and the Services at any time.

   4. 7.4 Your only remedy under these Terms is to discontinue using the Site and the Services.
   5. 7.5 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 unauthorised persons access to Your computer and the information stored on Your computer. These programs may perform actions that You have not authorised, possibly without Your knowledge.
8. Variation
   1. 8.1 Dialog reserves the right to modify the Site and/or the Services or suspend or terminate the Site and / or the Services or access to part or all of them at any time.
   2. 8.2 Dialog reserves the right to revise these Terms at any time. Such variations shall become effective immediately after being posted on the Site. By continuing to use this Site you will be deemed to have accepted the varied Terms.
9. Indemnity
   1. 9.1 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 Site and the Services or the provision of content to Dialog.lk 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 Site and the Services or provision of content or your breach or non-observance of any of these Terms.
   2. 9.2 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.
10. Processing your instructions
    1. 10.1 You request and authorize us to rely and act upon all apparently valid communications made by using the access information provided to Us at the time of creating the Dialog.lk Account as instructions properly authorized by You (“Instructions”).
    2. 10.2 An Instruction will only be accepted by Us if You have passed through certain security criteria.
    3. 10.3 You agree that We can act on any Instructions given to Us even if these Instructions were not authorized by You.
    4. 10.4 We will make reasonable efforts to process any Instruction where You request Us to do so but We shall not be liable for any failure to comply with such a request unless it is due to Dialog’s failure to make reasonable efforts to do so.
    5. 10.5 You must make sure that any Instruction is accurate and complete and We are not liable if this is not the case.
    6. 10.6 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.
    7. 10.7 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.
11. Profligate use
    1. 11.1 Profligate use of the Site is prohibited. Dialog considers that any application which transmit live video, live audio or make similar excessive traffic demands across the network by whatever means, unless provided by Dialog, constitutes making profligate use of the network.
12. Termination
    1. 12.1 Dialog may elect to suspend, vary or terminate the Services and the Site at any time without prior notice for repair or maintenance work or in order to upgrade or update the Site and the Services or for any other reason whatsoever.
    2. 12.2 Dialog may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms by You, including, without limitation, delayed or non-payment of sums due to Dialog or if Dialog ceases to offer the Site and the Services to its customers for any reason whatsoever.
13. Jurisdiction and Dispute Resolution
    1. 13.1 These Terms shall be governed by the Laws of Sri Lanka and subject to the exclusive jurisdiction of the courts of Sri Lanka.

TERMS AND CONDITIONS OF DELIVERY

1. The product can be delivered to the buyer, via a delivery company appointed by Dialog, if requested by the buyer.
2. The delivery agent appointed by Dialog may contact the buyer to confirm a time for delivery of the product.
3. The delivery agent will attempt to deliver a product three (03) times before deeming the particular consignment as "unable to deliver" and returning the same to Dialog.
4. The buyer must ensure that the product is thoroughly inspected prior to accepting the same from the delivery agent and confirm by placing the signature and the NIC number on the airway bill provided by the delivery agent. Upon acceptance of the product, the buyer cannot return the same due to damage. Further the buyer needs to be physically present to accept the delivery and no other person can accept the product on behalf of the buyer. The buyer should not accept the product if the package is damaged.
5. At the point of delivery, if the product is found to be defective /incorrect or incomplete (including instances where items are missing) the buyer should inform Dialog within 24 hours via email to service@dialog.lk (images must be attached to the email as supporting information) and return the product to the nearest Dialog outlet for replacement or refund .
6. With regard to loyalty benefit offers/credit card installment schemes available for purchases of products, the Customer should check his/her eligibility for the offer prior to placing the order (for e.g. there may be instances where certain credit cards and loyalty offers do not apply to online purchases).
7. For the avoidance of doubt, Dialog shall not inter alia, refund any payments in the following instances:

   a. if the buyer accepts the package despite the package being damaged;

   b. if the buyer has a change of mind / the product is no longer required; or

   c. if there has been an error, mistake or misunderstanding on the part of the buyer in relation to the applicability/eligibility of any loyalty benefit offers/credit card installment offers.

8. The only instance in which Dialog shall refund payment is where the delivery of a product is delayed for over 7 working days and in such circumstances, the request for a refund should be made within 14 days of the delay.

TERMS AND CONDITIONS FOR AMEX EXTENDED SETTLEMENT PLAN (ESP)

1. Extended Settlement Plan (ESP) is made available to all Card members of American Express Credit Cards issued by Nations Trust Bank PLC (Excluding Corporate Credit Cards)
2. Card-member can request for multiple ESPs for tenures of up to 20 months, however, combination of two or more transactions will not be allowed.
3. Cardmember may enjoy up to 20 months interest free installment plan at no extra charge on transactions of LKR 10,000/- or above.
4. The Bank may at its sole discretion reject any ESP requests made by the Card member, which does not comply with the terms and conditions of the ESP Promotion.
5. It is the responsibility of the Card member to provide correct information and the Bank shall not be responsible in the event ESP cannot be provided due to incorrectly and or inadequately provided information on the transaction by the Card member, and/ or ESP is provided to a transaction other than the transaction intended by the Card member due to the said reasons.
6. The total transaction amount will be blocked within the existing credit limit and the respective installments will be billed to the statement on a monthly basis. The blocking will be gradually reduced along with the repayment of each installment
7. In the event the Card member’s credit card is terminated, cancelled, not renewed, or suspended due to any reason whatsoever or any breach of the terms and conditions herein including nonpayment of dues under the ESP or any breach of the Card member agreement and the terms and conditions thereof, the outstanding installments (including the Installments that are not billed) shall become immediately due and payable in full to the Bank.
8. Unless otherwise expressly provided herein, the Bank’s Card member agreement relating to the respective credit card shall apply to the installments and the payment of installments hereunder which shall be treated as a normal transaction charged to the credit card. In the event of any conflict arising between the terms and conditions hereof and the Card member agreement the former shall prevail only to the extent the same shall relate to matters involving the ESP.
9. All installment amounts debited are non refundable and the Bank accepts no responsibility in any way for any goods purchased under the ESP and any dispute relating to the same should be resolved by the Card member directly with the merchant and no claim by the Card member against the merchant will relieve the Card member from his/her obligation for repayment to the Bank hereunder.
10. Nations Trust Bank PLC reserves the right to withdraw the ESP or change the terms and conditions of ESP at its sole discretion.