Terms and Conditions for Online Reservation (Pick-Up at Store)


  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 Reservation
  1. The product can be purchased by the buyer from the respective Dialog outlet only.
  2. The device will be ready for pick up within the given time period after reservation and Dialog will contact the buyer if the device is not available.
  3. Once the device is ready for purchase, the reservation will be valid only for two working days and will be expired automatically. Buyer needs to process a new reservation if required.
  4. The device can be collected only during working hours of the respective outlet and will not be available during non-working hours.
  5. There shall not be any refunds/returns affected via the Site. However cancellations (for e.g. due to an error in software application) may be effected via the Site provided that the product or service was not reserved as at the point of cancellation.
  6. Devices will be available for buyer according to first come first serve basis.
  7. The buyer must ensure that the product is thoroughly inspected prior to accepting the same from the device agent, and should obtain the warranty card, invoice copy & the receipt copy. Further the buyer needs to be physically present along with the e-mail copy/ notification SMS can purchase the product or a 3rd party can produce the same documents & can purchase the product on behalf of the buyer.
  8. The device can be purchased via allowed payment modes available at Dialog.
  9. Respective purchase cannot be combined with any other promotions.
  10. Upon acceptance of the product, the buyer cannot return the same due to damage. The device has to be taken to an authorized technical service center depending on the device model and should follow the standard technical process.
  11. Dialog or the respective device agent shall not be liable for the condition of the product.