Customer Terms and Conditions

Definitions

Capitalized terms used herein shall have the following meanings, or the meanings ascribed above, except where the context requires otherwise:

“Access Information” means the access information that we require from you before entering certain parts of the Genie Service for which you have registered, which
may be a username, password, your mobile phone number or similar recognition device;

“Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;

“Services” mean the services offered on or via the Genie Service and has the meaning given to it in Clause 1.1;

“Trade Marks” mean the word or mark “Dialog”, and all other marks associated with the Genie Service, however represented, including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;

1 Objective and Use of Content

1.1
The services that we are providing you via the Genie Service consist of the following functionalities available on the Genie Service or otherwise provided to you as a result of your use of the Genie Service from time to time (“Services”).

a. In –App utility payments
b. Over the counter payments
c. Online web/App payments

Accordingly, the objective of the Genie Service is to enable the Customer to access the Services.

2 Use

2.1
The Customer shall not in any event whatsoever make available the data in the Genie Service to any third party other than as authorized by Dialog.

2.2
The usage of the Genie Service shall only be for the sole and limited purpose set out herein. As such, you acknowledge and agree that you are only permitted to use the Genie Service and the Services as expressly set out in these Terms or on the Genie app or website. You further agree that the Genie Service and the Services are for your own personal use only on a single device.

2.3
The Customer shall take steps against unauthorized or accidental access to the Genie Service or disclosure of the data in the Genie app or website, unlawful or unauthorized processing of the data and shall protect the data from any loss, destruction, alterations, modifications or misuse.

2.4
Any request for data in the Genie Service by any third party other than the owner of such data shall at all times be directed to Dialog.

2.5
Any unauthorized actions by the Customer with regard to the Genie Service shall be strictly prohibited and the Customer shall at all times be responsible for such unauthorized usage.

2.6
In the event the Customer or its duly appointed representatives utilize the Genie Service or effects an unauthorized function, Dialog may terminate the Customer’s access to the Genie Service and / or block the Customer’s future access and / or seek such additional relief based on the gravity of such unauthorized usage.

2.7
The Customer shall be solely responsible:

a. for the maintenance of confidentiality of the data contained in the Genie app/ website or data relating to the Genie Service including but not limited to user logins and passwords.
b. for any and all activities that you carry out on the Genie Service.
c. for informing Dialog on an immediate basis of any threatened and / or unauthorized use of the Customer’s account or any other breach of security.

2.8
The Customer agrees to ensure that the Customer shall not under any circumstances whatsoever access data of any other subscriber.

2.9
You may not:

a. copy, disclose, translate, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information obtained by you whilst using the Services or accessing the Genie Service.
b. remove, change or obscure in any way anything on the Genie app/website and/or the Services or otherwise use any material obtained whilst using the Genie Service except as set out in these Terms.
c. reverse engineer or decompile (whether in whole or in part) any software used in the Genie app/website (except to the extent expressly permitted by applicable law).

d. copy or use any material from the Genie app/website and/or the Services for any commercial purpose.
e. remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Genie app/website or obtained as a result of using the Services.
f. set a hyperlink to any part of the Genie app/website in any form from your site without Dialog’s written consent.

2.10
You agree to be held responsible for ensuring that you are viewing the most recent version of the web-page / content / app (as applicable).You may establish a link or “deep link” to the site / application from your site, provided that you have obtained Dialog’s prior written consent and that at Dialog’s sole discretion, the context is relevant and the link or its description is not detrimental to Dialog.

2.11
Users that are not subscribers to the Dialog Network acknowledge that access to the Genie app/website and/or the Services may be restricted at the sole discretion of Dialog in the interest of fully subscribed customers of the Dialog Network.

2.12
Some areas of the sites or services may not be accessible for you even if you are a subscribed customer of Dialog’s Mobile Telephony Network, depending on the subscribed services and credit limits.

2.13
You agree to fulfill the following obligations:

a. You warrant that you will only use the Genie app/website and the Services in accordance with these Terms and in an appropriate and lawful manner and that you shall not:
i. receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
ii. circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Dialog’s legitimate web pages (referred to as “page-jacking”) or use the Genie app/website or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Dialog will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities.
iii. use the Genie app/website and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Dialog’s written consent.
iv. knowingly or recklessly transmit any electronic Content (including viruses) through the Genie app/website which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Dialog or other Internet users.
v. hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Genie app/website and/or the Services, or which is otherwise likely to damage or destroy Dialog’s reputation or the reputation of any third party.

2.14
You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, Dialog has the right to terminate your account and refuse any and all current or future use of the Services or access to the Genie app/website.

Terms Relating to Payment Cards on the Genie Service

2.15
You can make a payment via the Genie Service with all payment instruments issued under payment franchises acquired by Dialog for the Genie Service and credit and debit cards authorized for transactions by their respective issuing banks (All payment cards are hereinafter collectively referred to as the ‘Cards’).

2.16
Dialog is entitled at any time to refuse total or partial payment or, if payment has been made, to debit any account with such amount or to seek immediate reimbursement thereof, notwithstanding any authorization and/or authorization code numbers given by the Genie Service in any of the following circumstances:

a. The transaction being for any reason unlawful or unenforceable;
b. The price charged to You, the legal owner of the physical debit/credit card, being in excess of the quoted price for the goods supplied or the services performed;
c. The goods and/or services covered by the transaction being rejected or returned or the transaction or part thereof, being validly cancelled or terminated by You;
d. If You dispute the nature, quality or quantity of the goods and/or services covered by the transaction;
e. Any information pertaining to the Genie Service presented electronically to Dialog in respect of the transaction not being received in accordance with Dialog’s requirements;
f. You dispute or deny the transaction or the sale or delivery of goods and/or services covered by the transaction with reasons;
g. (a) the Card/account number is listed in a current warning notice; or (b) Your Genie account or the payment option has expired or is not yet valid; or (c) Your payment option’s usage is geographically restricted; or (d) Dialog has been advised to decline Your payment option after authorization checking;

3 Rights of Dialog

3.1
Dialog shall have the right at all times:

to monitor the activities of the Genie Service

to activate / deactivate authorized Services assigned to the Customer from time to time or deny

access to the Genie Service by the Customer with notice.

3.2
Dialog shall have the right not to grant access to the Customer in the following events:

a. if authorized by or under law; or
b. if providing access would be likely to prejudice an investigation of possible unlawful activity; or
c. if providing access would be likely to prejudice:
i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law; or
ii. the enforcement of laws relating to terrorism or crime, money laundering, suspicious transactions, financial reporting; or
iii. the protection of the public or
iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
v. the preparation for, or conduct of, proceedings before any Court or Tribunal, or implementation of its orders by or on behalf of an enforcement body; or
vi. an enforcement body performing a lawful security function requests Dialog not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Sri Lanka

3.3
Dialog shall provide reasons for denial of access or refusal to divulge such information to the Customer.

3.4
Dialog reserves the right to charge for access to part or all of the Genie app/website and/or Services, subject to giving you clear notice on same.

4 Copyright and Trademark Notice

4.1
The Genie Service is owned, operated and monitored by Dialog. Unless otherwise specified, all data relating to the Genie Service including but not limited to text, logos, proprietary marks, Trade Marks, icons and images as well as the selection, assembly and arrangement thereof shall be the sole property of Dialog. Permission to reprint or electronically reproduce any material related to the Genie Service in whole or in part, is expressly prohibited, unless prior written consent for same is obtained from Dialog. Any unauthorized use of the Genie Service or the material and / or information appearing on the Genie app/website, may violate copyright, trademark or other applicable laws and could result in civil or criminal penalties. Nothing on the Genie app/website and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Dialog, any member of the Dialog partnerships or any third party, whether by estoppel, implication or otherwise.

4.2
You hereby grant to Dialog a perpetual, irrevocable, royalty-free, world-wide license to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Genie app/website and/or the Services (if any) as Dialog sees fit and without notice to you, unless you have indicated otherwise in such communication.

5 Disclosure and Reproduction

5.1
The Customer agrees:

5.1.1
that all data relating to the Genie Service shall be strictly treated as confidential information and shall be and shall remain the exclusive property of Dialog.

5.2
not take any copies or make any summaries or transcripts of the whole or any part of the confidential information save as is strictly approved by Dialog.

5.3
Dialog’s usage of your personal information is governed by Dialog’s Privacy Policy Statement available here

6 Access Information

6.1
Following registration you may be issued with Access
Information that may be used to access the Genie app/website and/or the Services and any pages for which registration is required. Dialog reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.

6.2
Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring no unauthorized access to the Genie Service and the Services are obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorized or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.

6.3
You as the registered user of the account will:

a. keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
b. provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Genie Service and notify us immediately of any changes or mistakes;
c. if your Access Information becomes known to any other unauthorized user you must inform Dialog immediately or take subsequent measures to change your access codes.

6.4
You agree to check your bills/payment history carefully and inform us immediately of any discrepancy.

7 Warranties

7.1
The Service/ information / materials provided by Dialog is provided ‘AS IS’ and to the extent permitted by law Dialog expressly disclaims making any express or implied warranties with respect to the fitness of the information / Services provided for any particular purpose.

7.2
It is your sole responsibility to satisfy yourself prior to using the Genie Service in any way that they are suitable for your purposes and up to date. The Services and in particular, charges are periodically updated and you should check the Genie app/website regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Genie app/website to ensure that you download the most up to date version of the Genie Service.

7.3
You acknowledge that Dialog is unable to exercise control over the security or subject matter of Content passing over the Dialog Network and the Genie app/website and Dialog hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

7.4
Dialog assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Genie app/website and the Services or which may be linked to and from the Genie app/website.

7.5
Dialog is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content, use which you make of the Genie app/website and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions. Notwithstanding the foregoing, Dialog reserves the right to edit, bar or remove any Services and/or Content, at any time as Dialog in its sole discretion considers necessary.

7.6
Dialog is not responsible for any problems or technical malfunction of any mobile phone or mobile device, telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the internet or on the Service or combination thereof, including any injury or damage to users or to any person’s mobile phone, mobile device or computer related to or resulting from participation or downloading materials in connection with the Service.

8 Termination

8.1
The Customer agrees that Dialog retains the right to terminate the Customer’s access to the Genie Service at any given time for any reason whatsoever with notice thereto.

9 Reliance on the Services Offered and Indemnification

9.1
By accessing the Genie Service and using the Services, the Customer agrees that in no event will Dialog be liable to the Customer or any third party for any decisions made, Services effected by the Customer or any third party. The Customer further agrees to hold Dialog and its agents and representatives harmless against any liability for any loss, claim or damage arising from the Customer’s use of the Genie Service or due to any breach of the Terms hereto including but not limited to any direct, indirect, incidental, punitive or consequential damages.

10 Limitation of Liability

10.1
By accessing the Genie Service, the Customer agrees that Dialog is not and may not be held liable for any direct, indirect, incidental, punitive, special or consequential damages arising out of or relating to the use of or inability to use the Genie Service, even if Dialog has been advised of the possibility of such damages.

10.2
All conditions or warranties which may be implied or incorporated into these Terms by law or otherwise are hereby expressly excluded to the extent permitted by law.

10.3
Your only remedy under these Terms is to discontinue using the Genie app/website and the Services.

10.4
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 unauthorized persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorized, possibly without your knowledge. Dialog will also comply with any regulation/guideline on consumer protection that has been issued by CBSL or to be issued by CBSL in the near future.

11 Indemnity

11.1
The Customer shall indemnify and keep Dialog fully indemnified from and against all actions, claims, demands, cost, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by Dialog resulting (directly or indirectly) from any breach or non-performance of conditions contained in these Terms on the Customer or arising directly or indirectly out of any negligent act or omission, willful default or breach of statutory duty on the part of the Customer, including but not limited to the breach of Dialog and third party Intellectual Property rights and unauthorized disclosure of passwords/ access to the Genie Service.

11.2
The Customer shall indemnify and keep Dialog fully indemnified from and against all actions, claims, demands, cost, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by Dialog resulting (directly or indirectly) from any breach or non-performance of conditions contained in these Terms on the Customer or arising directly or indirectly out of any negligent act or omission, willful default or breach of statutory duty on the part of the Customer, including but not limited to the breach of Dialog and third party Intellectual Property rights and unauthorized disclosure of passwords/ access to the Genie Service.

12 Governing Law and Jurisdiction

12.1
The Genie Service and the Terms hereto shall be governed and construed in accordance with the laws of Sri Lanka.

13 Variation, Modification and Severability

13.1
Dialog reserves the right to effect any amendments / modifications to the Genie Service and to the Terms at any time. By continuing to use the Genie app/website you will be deemed to have accepted the varied Terms. If any of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then the relevant provision shall be deemed severable from these Terms and the severability of such provision shall not affect the validity and enforceability of any remaining provisions.

13.2
Dialog reserves the right to modify the Genie Service and/or the Services or suspend or terminate the Genie app/website or the Services or access to part or all of them at any time.

14 Monitoring / Recording of Communications

14.1
Monitoring or recording of your communications may take place when required in accordance with the law, and in particular for Dialog’s business purposes, such as for quality control and training, to prevent unauthorized use of Dialog’s telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

15 Processing your Instructions

15.1
You request and authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.

15.2
An instruction will only be accepted by us if you have passed through certain security criteria.

15.3
You agree that we can act on any instructions given to us even if these instructions were not authorized by you.

15.4
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.

15.5
You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.

15.6
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.

15.7
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.

16 Profligate Use

16.1
Profligate use of the Dialog GPRS/Data Network is prohibited. Dialog considers that any application which transmits live video, live audio or makes similar excessive traffic demands across the Dialog Network by whatever means, unless provided by Dialog, constitutes making profligate use of the Dialog Network. Use of IP Multicast, other than by means provided and coordinated by Dialog is also prohibited.

17 Termination

17.1
Dialog may elect to suspend, vary or terminate the Services and the Genie Service at any time without prior notice for repair or maintenance work or in order to upgrade or update the Genie app/website and the Services or for any other reason whatsoever.

17.2
Dialog may elect to terminate the Services or your access to the Genie app/website 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 Genie Service to its customers for any reason whatsoever.

18 Privacy Policy

18.1
The Customer agrees and accepts in full the privacy policy available here

19 Waiver

19.1
Dialog’s failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dialog in writing.

20 Representations

20.1
You acknowledge and agree that in entering into these Terms you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

21 Assignment

21.1
You in entering into these Terms undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Dialog forthwith. Dialog may assign these Terms in whole or in part to any third party at its discretion.

22 Rights of Third Parties

22.1
Except in the case of any permitted assignment of this Agreement under Clause 20, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained herein.

23 Force Majeure

23.1
Dialog shall not be liable in respect of any breach of these Terms due to any cause beyond its reasonable control including but not limited to, act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Dialog is not responsible.