NENASA TERMS AND CONDITIONS
‘NENASA’ - USER AGREEMENT
Dialog Axiata PLC (PQ38), having its registered office at No.475, Union Place, Colombo 02 (“Dialog” and may also be referred to as “we” / “us” / “our” in these Terms) together with the Ministry of Education (“Ministry”), is providing assistance to students via the Nenasa Mobile Application (“Nenasa”/ “Application”). This Agreement (“Agreement”) shall be effective upon acceptance of the terms and conditions (“Terms”) by the subscriber (each a “Subscriber” and may also be referred to as “you” / “your” in these Terms) and shall remain in force until termination of same by Dialog and/or the Ministry.
The Subscriber agrees that any and all persons accessing, registering, using Nenasa under the Subscriber’s account shall for all purposes hereinafter be deemed duly appointed representatives of the Subscriber and the Subscriber shall be liable for any and all action effected by such representative.
The Subscriber agrees to abide by the Terms and understands that the provision of the services of Nenasa is subject to the rules and regulations of Sri Lanka and/or any other regulatory or governmental authority of Sri Lanka.
You further agree and confirm that by accessing, registering, using or causing the duly appointed representative to access, register or use the Application, that you have read and understood and thereby agree to be bound by the Terms, each time you or your representative uses the Application.
TERMS AND CONDITIONS
Capitalised 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 Nenasa for which you have registered, which may be a username, password, your mobile phone number or similar recognition device or any other information we may require from you to be entitled to access the Services;
“Content” means all information, material and content, including but not limited to text, pictures, photographs, sound and graphics displayed/available on Nenasa free of charge;
“Services” has the meaning given to it in Clause 1.1;
“Trade Marks” mean the word or mark “Dialog”, and all other marks displayed on the Application, however represented, including stylised 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 Application consist of articles, photographs, text, graphics, pictures, designs, sounds, and videos, which have been provided to the Ministry by us and/or third party content providers. The Content is linked/mapped to the Application by the Ministry directly from www.e-thaksalawa.moe.gov.lk, which is the official learning portal owned and managed by the Ministry (“Services”). The Services will be made available to you free of charge at all times. Accordingly, the objective of the Application is to assist students of Grades 1 – 13, who are studying the local syllabus.
2.1 The usage of Nenasa 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 Application and the Services as expressly set out in these Terms. You further agree that Nenasa and related Services are for your own personal use only.
2.2 In the event the Subscriber utilises Nenasa or effects an unauthorised function, Dialog may terminate the Subscriber’s access to the Application and/or block the Subscriber’s future access.
2.3 The Subscriber shall be solely responsible:
a. for any and all activities carried out on the Application under the Subscriber’s profile, including but not limited to icons, and pictures uploaded to the Application.
b. for informing Dialog on an immediate basis of any threatened and/or unauthorised use of the Subscriber’s account or any other breach of security.
c. for copies, amendments, summaries, translations, insertions or deletions made in relation to Content, once the same has been downloaded onto a device, as permitted by the Application.
2.4 You may not:
a. reverse engineer or decompile (whether in whole or in part) any software used in Nenasa and/or the Services (except to the extent expressly permitted by applicable law).
b. copy or use any material from Nenasa and/or the Services for any commercial purpose.
c. remove or change any copyright, Trade Mark or other intellectual property right which may vest in Dialog, Ministry of Education and/or any third party, from any material copied or printed off from Nenasa.
2.5 You agree to be held responsible for ensuring that you are viewing the most recent version of the Application /Content.
2.6 You warrant that you will only use the Application and the Services in accordance with these Terms and in an appropriate and lawful manner and that you will not
a. upload 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;
b. 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 Nenasa 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.
c. knowingly or recklessly transmit any electronic Content (including viruses) through Nenasa and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Dialog or other Internet users.
2.7 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 Nenasa.
3. Rights of Dialog and/or the Ministry
3.1 Dialog and the Ministry shall have the right at all times to activate / deactivate authorised functions assigned to the Subscriber from time to time or deny access to Nenasa by the Subscriber, with notice.
3.2 The Ministry shall be solely responsible for sourcing, adding, validating and managing the Content that is made available on the Application and Dialog assumes no responsibility in relation to the same.
3.3 Neither Dialog nor the Ministry guarantees that the exact same Content that is available on the www.e-thaksalawa.moe.gov.lk web portal will be available on the Application.
3.4 Dialog shall have the right not to grant access to the Subscriber in the following events:
a. if authorised 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; 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;
d. if 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
3.5 Upon the request of the Subscriber, Dialog shall provide reasons for denial of access or refusal to divulge such information to the Subscriber.
3.6 Dialog does not permit third party advertisers to display advertisements or any other information on the Application. However we reserve the right to place banner advertisements, which will be subject to advertisement guidelines of Nenasa TV.
4. Intellectual Property Rights
4.1 The Application is owned and operated by Dialog. Except those relating to Content and unless otherwise specified, all data in the Application, including but not limited to logos, proprietary marks, Trade Marks, icons, images and voice clips provided by Dialog with the initial installation as well as the selection, assembly and arrangement thereof shall be the sole property of Dialog. Nothing on the Application 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 will be granted a limited, non-exclusive, non-transferable right to possess and use the Content, for the purposes expressly provided herein.
5. Disclosure and Reproduction
5.1 The Subscriber agrees:
a. not to make any copies or make any summaries or transcripts of the whole or any part of the Content save as is strictly permitted on the Application.
6. Access Information
6.1 Following registration, you may be issued with Access Information that may be used to access Nenasa. 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 that no unauthorised access to Nenasa is obtained using your access information and that you are liable for all such activities conducted through your account, whether authorised or not.
7. Representations and Warranties
7.1 The information / materials provided on the Application is provided ‘AS IS’ and 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 Nenasa, that the Content is suitable for your purposes and up to date. The Services are periodically updated and you should check the Application and the Services regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the Application.
7.3 Dialog assumes no responsibility for and does not endorse unless expressly stated, Content created or published on the Application and the Services or which may be linked to and from the Application.
7.4 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 Nenasa 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, the Ministry reserves the right to edit, bar or remove any Services and/or Content, at any time as the Ministry in its sole discretion considers necessary.
7.5 Dialog and the Ministry do not warrant that you or the user of the Application will pass the respective examinations solely based on the use of the Content provided in the Application.
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.
7.7 You represent that all Access Information you submit will be true, accurate, current, and complete
7.8 You warrant that you are over the age of 18 and have legal capacity to agree to these Terms;
7.9 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.
8.1 The Subscriber agrees that Dialog retains the right to terminate the Subscriber’s access to Nenasa at any given time for any reason whatsoever, with notice thereto.
8.2 Dialog may elect to suspend, vary or terminate the Services and Nenasa at any time without prior notice for repair or maintenance work or in order to upgrade or update Nenasa and the Services or for any other reason whatsoever.
8.3 Dialog may elect to terminate the Services or your access to Nenasa forthwith on breach of any of these Terms by you or if Dialog ceases to offer Nenasa and the Services to its customers for any reason whatsoever
9. Reliance on the Functions Offered and Indemnification
9.1 By accessing Nenasa the Subscriber agrees that in no event will Dialog be liable to the Subscriber or any third party for any functions effected by the Subscriber or any third party. The Subscriber further agrees to hold Dialog and its agents and representatives harmless against any liability for any loss, claim or damage arising from the Subscriber’s use of Nenasa 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 Nenasa, the Subscriber agrees that Dialog shall 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 Nenasa, 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 Application 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 maybe downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
11.1 The Subscriber 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 Subscriber or arising directly or indirectly out of any negligent act or omission, willful default or breach of statutory duty on the part of the Subscriber.
11.2 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 Nenasa and the Services 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 Nenasa and the Services or your breach or non-observance of any of these Terms.
12. Governing Law and Jurisdiction
12.1 Nenasa 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 Application and to the Terms at any time. By continuing to use this Application 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 Application and/or the Services or suspend or terminate the Application and / or the Services or access to part or all of them at any time.
14. Monitoring / Recording of Communications
14.1Monitoring or recording of activities on the Application may take place when required in accordance with the law, and in particular for Dialog’s business purposes, such as for quality control, improve user experience, training, to ensure effective systems operation and in order to prevent or detect crime.
16.1 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.
17.1 You, in entering into these Terms, undertake that you will not assign, re-sell, 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.
18. Rights of Third Parties
18.1 Except in the case of any permitted assignment of this Agreement under Clause 17 above, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained herein.
19. Force Majeure
19.1Dialog 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.