GENERAL TERMS AND CONDITIONS

The Subscriber (“Subscriber/you”) agrees by accessing or using products and value-added services offered by Dialog Axiata PLC (“Dialog”), You agree to be bound by these terms and conditions. If you are using the products and/or value-added services on behalf of an organization or entity ("Organization"), then you are agreeing to these terms and conditions on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these terms and conditions.”.

DEFINITIONS

You hereby further agree and acknowledge that;

• by continuing to use the Sites you hereby expressly consents for the use of your mobile number for provisioning of the Dialog Services; including but not limited to; sharing of your mobile number with any third party service provider for the provisioning of such Dialog Services;
• the associated charges, the subscription tenure and the billing frequency of the value-added services subscribed for;
• Dialogs’ third-party service providers may also, in the course of providing you Dialog Services, collect your personal data via other channels such as when you are redirected to their individual websites/mobile applications or platforms. Dialog strongly advise you to review the privacy notice of every such service providers;
• In the course of providing you the Dialog Services, Dialog/IdeaMart/IdeaBiz and/or our third-party service providers may contact you from time to time and you provide your express consent to be contacted for such purposes;
• Dialog/IdeaMart/IdeaBiz has no control over and assume no responsibility for the content, privacy notices or practices of any such third-party service provider/s to the fullest extent permitted by the law;
• you further agree and acknowledge that you have read and fully understood the terms and conditions for these value-added services of the third-party service providers/content providers at https://dlg.dialog.lk/value-added-services-list and at https://www.dialog.lk/other-vas-services.
• you have read and fully understood the terms and conditions of the mobile network operator/s at https://dlg.dialog.lk/dialog-terms-and-conditions.

TERMS OF USE

• Dialog provides subscription services that will allow the Subscribers to subscribe to any one and/or more of the VAS, provided on the Sites_ set out hereto (“Dialog Services”).
• These Terms of use shall govern your use of VAS services, enabled via Dialog Services.
• Terms specific to each VAS service has been morefully set out in the following Schedules: The Subscriber who has subscribed to the respective VAS service shall be entitled to also refer to the specific Terms in addition to the general Terms set out herein.
  Schedule A – Terms specific to News services
  Schedule B – Terms specific to horoscope services
  Schedule C – Terms specific to bidding services
  Schedule D – Terms specific to sports alerts
  Schedule E – Terms specific to quizzes
  Schedule F – Terms specific to lottery service
  Schedule G – Terms specific to Portals
  Schedule H - Terms specific to IVR Games
  Schedule I - Terms specific to other alerts (Religious, Health, Inspirational etc.)
  Schedule J - Terms specific to donation services
  Schedule K – Terms specific to location tracking services
  Schedule L– Terms specific to mobile apps and OTT services
  Schedule M – Terms specific to play back ringing tones (“PRBT”)

1. SUBSCRIPTIONS AND CANCELLATION OF SUBSCRIPTIONS

1.1 Your subscription to Dialog Services shall continue until deactivated.

1.2 The subscriptions for the Dialog Services will be renewed based on your credit availability.

1.3 Dialog Services will be subscribed via either Subscriber initiated subscription, or dual consent. No reminders shall be sent after subscription. You can however view the VAS service subscribed by you in Selfcare app and #678*6#.

2. RIGHTS OF DIALOG

2.1 Dialog reserves the right to:

2.2 Dialog shall have the right to deny access to a Subscriber to any one and/or more Dialog Services provided in the events if authorized by or under law.

2.3 Dialog will keep you informed about any changes by updating this Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Terms to stay informed of updates. You will be subject to and will be deemed to be aware of and to have accepted, the changes in any revised Terms by your continued use of the Dialog Services after the date such revised Terms are posted.

3. OBLIGATIONS OF THE SUBSCRIBER

3.1 The Dialog Services offered hereto are only for your personal use. Each content/platform provider offering these VAS services have rights to their own content and Subscriber shall not re-use for commercial purposes. If there are any content related violations done by the content /platform provider Dialog shall not be held responsible for resolving such issues.

3.2 The Subscriber must be above 18 years of age, has an active Dialog connection and has credit at the time of activation of any one and/or more of the Dialog Services.

3.3 The usage of the Dialog Services shall only be for the sole and limited purpose set out herein. As such, you acknowledge and agree that you will only be permitted to use the Dialog Services as expressly set out in this Terms.

3.4 You agree that any unauthorized actions by you will be strictly prohibited and you shall at all times be responsible for such unauthorized usage.

3.5 You agree that you shall be solely responsible in informing Dialog on an immediate basis of any threatened and / or unauthorized use of the Dialog Services subscribed by you or any other breach of security.

3.6 You agree and accept in full Dialog’s privacy policy which can be accessed at https://www.dialog.lk/privacy-notice. By subscribing for the VAS Services, you provide your express consent to being bound by the aforesaid Privacy Notice.

3.7 All rights not expressly granted in the Terms are reserved to Dialog.

4. PAYMENT TERMS AND REFUND POLICY

4.1 The applicable Subscription Costs for VAS Services shall be informed prior to subscription and you shall be required to consent to respective payments in order to obtain the VAS Service.

4.2 The Subscription Costs and payment terms may be varied by Dialog from time to time and such variation shall be updated by Dialog from time to time. Your usage of the Dialog Service therein shall be deemed as your confirmation and agreement to such revised and varied Subscription Costs and payment terms.

4.3 In the event the Subscription Costs have not been settled, Dialog has the right to suspend access to VAS Service until such payment has been completely made.

4.4 Any taxes or other levies which may be imposed at present or in the future by the Government, Provincial Council, Local Authority or any other Governmental Agency in connection with the subscription and any other fees shall be borne by the Subscriber.

4.5 The subscriptions will be charged on daily, weekly or monthly basis.

4.6 A refund of the subscription costs can only be carried out if there was a malfunction in the service and service was not provided. Change of mind, not used the service or forgotten about the VAS service shall not be considered as valid reasons for a refund. If the VAS service was activated for whatever reason without the Subscriber’s consent and there is evidence to prove so, a refund may be effected. With regards to refund the final discretion lies with Dialog and the Content provider.

4.7 You will be charged based on the price and validity of the VAS service for which you consented and subscribed. Dialog has provided ability to be charged for the service as a value addition to the Subscriber, with strict terms and contracts with the Content provider.

5. INDEMNIFICATION AND LIMITATION OF LIABILITY

5.1 The Subscriber shall defend, indemnify and hold harmless Dialog and its subsidiaries at all times from, against and with respect to any and all claims, liabilities, losses, damages and judgments together with reasonable costs and expenses of litigation (including Attorney and/or Counsel fees) incurred in connection with any third party claims (including a claim by any governmental authority) against Dialog and its subsidiaries arising from the breach or alleged breach of these Terms by you;

5.2 By subscribing to any of the Dialog Services and agreeing to these Terms, you agree that Dialog is not and 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 the Dialog Services.

5.3 Subject to the Terms herein, the Subscribers only remedy under these Terms is to deactivate/cancel the Dialog Service subscribed.

5.4 Dialog shall not be liable:

5.5 To the fullest extent practicable by law, Dialog shall not be liable to the Subscriber or any third party for any injury caused to or suffered by such party or their property arising from or occasioned by the use of the Dialog Service/s.

5.6 Dialog is excluded from all liability of any kind arising from the use of the Dialog Services Including but not limited to the content in the VAS service provided by Content provider.

5.7 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.

6. MISCELLANEOUS

6.1 Dialog and the Content provider may carry out promotions time to time where a Subscriber will be entitled to win a specified gift. In such instances the winner may be selected based on a skill, or manner in which a service was used, or winner maybe randomly selected with the approval of Dialog depending on the terms of the offer. Staff members, relatives of staff members are not entitled to such offers.

6.2 You agree that you are aware that the licensees and rights to content provided under VAS is exclusively owned by the relevant Content provider. It is solely the Content providers responsibility to ensure that the content under VAS shared are as per the regulations and laws imposed time to time by the government, and are not altered or misinterpreted. Accordingly, Dialog shall not at anytime be responsible for such VAS service provided by such Content Providers/ third parties at any time or for the features of these services (‘if any’).

6.3 No delay or indulgence by Dialog in enforcing any Terms nor the granting of time by Dialog to a Subscriber shall prejudice the rights or powers of Dialog, nor shall any waiver by Dialog of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

6.4 Dialog shall not be liable for any breach of the Terms caused by an act of God, pandemics, epidemics, terrorist activities, insurrection or civil disorder, military operations, all emergency acts or omission of Government or any competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, acts or omission of persons or bodies for whom Dialog is not responsible or any cause beyond Dialog’s control.

6.5 If any of the Terms herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining Terms shall not be affected or impaired in any way, and such invalid or unenforceable Terms shall be deemed deleted.

6.6 These Terms are governed by the laws of Sri Lanka and subject to the exclusive jurisdiction of the Courts of Sri Lanka.

6.7 Unless specified otherwise, if in the event Dialog is required to give notice to the Subscriber as per these Terms, Dialog may so give notice to the Subscriber and such notice shall be deemed to have been duly served upon and received by the Subscriber, (a) if published on the Site, at the time of publication; (b) if published in a Sinhala, Tamil or English newspaper, on the day of such publication; (c) if sent by electronic mail, at the time it was sent; (d) or (e) if sent by text message at the time the text message was sent.

6.8 Unless instructed otherwise by Dialog, any notice to Dialog by the Subscriber will be in writing and presented to a customer service center of DIALOG.

6.9 In the event there is a conflict with the English Terms and the Sinhala/Tamil translations, The English Terms shall at all times prevail over the Sinhala and Tamil translations.

6.10 for any clarifications on the service, you can reach 678 or 1777 – where necessary and for the purpose of service provision, the service or content provider may also reach out to the Subscriber regarding service matters and any complaints.

6.11 The Subscriber hereby consents to Dialog accessing the Subscriber’s National Identity Card details and other information maintained with the applicable authorities including but not limited to the Department of Registration of Persons of Sri Lanka, to assess the authenticity of the information provided by the Subscriber.

SCHEDULE A –TERMS SPECIFIC TO NEWS SERVICES

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate and deactivate this service in the following manner:

1.2 If the service is via SMS After activation you will receive content via SMS daily, weekly based on the service,

1.3 If the service is via IVR you would be required to call the IVR number to listen to the content, or you may receive a call at a standard time , or at a preferred time that you have scheduled on a daily or weekly basis based on the service. In addition the IVR service may send you similar content via SMS for your convenient use.

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SCHEDULE B –TERMS SPECIFIC TO HOROSCOPE SERVICES

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate and deactivate this service in the following manner:

1.2 If the service is via SMS After activation you will receive content via SMS daily, weekly based on the service.

1.3 If the service is via IVR you would be required to call the IVR number to listen to the content, or you may receive a call at a standard time, or at a preferred time that you have scheduled on a daily or weekly basis based on the service. In addition the IVR service may send you similar content via SMS for your convenient use.

1.4 You agree that the content provided by the relevant astrologer are based on his/her skill, competence and knowledge and you are required to take this advice based on your discretion. neither Content provider nor Dialog will be responsible for any damages caused as a result of such advice.

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SCHEDULE C –TERMS SPECIFIC TO BIDDING SERVICES

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate, and deactivate this service in the following manner:

1.2 Dual consent will be obtained if the Subscriber intend to activate this service.

2. Payment terms and refund policy

2.1 The subscription cost mentioned at the point of activating the service, shall be charged on daily basis and if any additional bidding chances are required, there will be an additional fee.

2.2 The charges for extra bidding shall be charged whenever the Subscriber makes a request for extra bidding chances.

2.3 The extra bidding charges are non-refundable.

3. Miscellaneous

3.1 The winner will be selected by vendor through automated system.

3.2 The bidding prize is non-negotiable and the prize/s shall be distributed by the Content provider after validation of winner details and eligibility.

3.3 The Content provider and Dialog reserves the right to disqualify any winner automatically selected by the system due to any fraudulent activity or on the basis of past activity depending on the specific terms of their service.

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SCHEDULE D –TERMS SPECIFIC TO SPORTS ALERTS

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate, and deactivate this service in the following manner:

1.2 If the service is via SMS After activation you will receive content via SMS daily, weekly based on the service.

1.3 If the service is via IVR you would be required to call the IVR number to listen to the content. In addition the IVR service may send you similar content via SMS for your convenient use.

1.4 If there is any reason to believe that the content is not up-to date, you may raise a complaint to Dialog where Dialog will escalate to the relevant Content provider to clarify the validity of such claim and take immediate remedial action.

2. Payment terms and refund policy

2.1 You will be charged based on the price and validity of the VAS service for which you consented and subscribed. Note that there may be a difference in pricing specifically during sports/match seasons which would be communicated to you at the point of subscribing (where applicable).

SCHEDULE E - TERMS SPECIFIC TO QUIZZES

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate, and deactivate this service in the following manner:

1.2 If the service is via SMS After activation you will receive quizzes via SMS daily, weekly based on the service.

1.3 If the service is via IVR you would be required to call the IVR number to take part in the quiz. In addition the IVR service may send you similar content via SMS for your convenient use.

1.4 If the service is available via web portal, The Subscriber must come to Portal to avail the service. And the content provider retains the right to send reminder messages and summaries of content if the Subscriber is subscribed to the service.

1.5 Dual consent activation will take place if the Subscriber intend to activate this service.

1.6 If you have reason to believe that there are any inaccuracies in the quiz content or answers, or that such content is not up-to-date, you may raise it to Dialog where Dialog will escalate to the relevant Content provider to clarify the validity of such claim and for the Content Provider to take immediate remedial action. Dialog will not be responsible for such content validations.

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SCHEDULE F – TERMS SPECIFIC TO LOTTERY SERVICE

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to activate or deactivate by sending a keyword to SMS port or by dialing USSD or via Web portal.

1.2 If the service is lottery purchases via SMS, IVR or USSD After activation you will receive a ticket via SMS daily, weekly based on the lottery service subscribed. You may also obtain a single ticket on demand.

1.3 If the service offers lottery results via SMS or IVR you will receive results via SMS daily, weekly as applicable or you would be required to call the IVR number to listen to the results. In addition the IVR service may send you similar content via SMS for your convenient use.

1.4 If the service is available via web portal, The Subscriber must come to Portal to avail the service. And that the content provider retains the right to send reminder messages and summaries of content if the Subscriber is subscribed to the service.

1.5 The Subscriber should be above the age of 18 years and possess a valid national identity card number.

1.6 When tickets are purchased through mobile phone operators, a convenience fee and related government taxes will be charged.

1.7 Official results will be notified after the draw happens, via SMS to all Subscribers according to the lottery.

1.8 Content provider has specific licenses from the authorized bodies in Srilanka (Development lotteries board or National Lotteries board or any other body established in future) to re-sell the lotteries via Digital means and Dialog is merely facilitating the collection of ticket cost and delivery of lotteries via Digital means (where applicable)

2. Payment terms and refund policy

2.1 The ticket price and convenience fee shall be charged at time of purchase. Subscription to a ticket will be charged at the point of issuance of ticket to the user, daily or weekly or as applicable. Taxes pertaining to the convenience fee by Dialog will be charged as per current regulation.

3. Miscellaneous

3.1 The lottery prize structure for each lottery will be as per the structure published by authorized lottery board.

3.2 The authorized lottery board is responsible for winner selection or prize distribution.

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SCHEDULE G – TERMS SPECIFIC TO PORTALS

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to activate or deactivate via Web Portal. This service will be activated via dual consent.

1.2 The applicable DATA charges shall be applied while using the Portal.

1.3 The Subscriber must come to Portal to avail the service. And the Content provider retains the right to send reminder messages and summaries of content if the Subscriber is subscribed to the service.

2. Payment terms and refund policy

2.1 The subscriptions shall be charged on daily, weekly or monthly basis as stated under general Terms. However, some services may have price points for bi-weekly, 3 monthly, 6 monthly or annual where applicable. Further some services may charge additionally for on demand content in addition to the regular subscription, which will be clearly mentioned on the website.

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SCHEDULE H - TERMS SPECIFIC TO IVR GAMES

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate this service or deactivate this service by dialing the IVR number.

1.2 The subscription will be renewed based on your credit availability.

1.3 Since the service is via IVR you would be required to call the IVR number to take part in the quiz. In addition the IVR service may send you content via SMS for your convenient use.

2. Payment terms and refund policy

2.1 The subscriptions shall be charged on daily or monthly basis as stated under general Terms. However, some services may charge per minute or per attempt to play the game.

2.2 Points earned, Winnings applicable when playing the game, would differ based on the rewards offered as mentioned at the beginning of the service.

2.3 For some services the winners will be automatically selected from the system, whereas for certain other services winners will be randomly selected at the end of the game period.

2.4 In case of any dispute, Dialog’s discretion will be final with regard to the winners.

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SCHEDULE I - TERMS SPECIFIC TO OTHER ALERTS (RELIGIOUS, HEALTH, INSPIRATIONAL ETC.)

1. SUBSCRIPTIONS AND CANCELLATION OF SUBSCRIPTIONS

1.1 The Subscriber will be able to subscribe and activate this service or deactivate this service by sending a keyword to SMS port.

1.2 After activation you will receive content via SMS daily, weekly based on the service.

1.3 If you have reason to believe that there are any inaccuracies in the content, or that such content is not up-to-date, you may raise it to the relevant content provider through Dialog, so that the content provider can take immediate remedial action. Dialog will not be responsible for such content validations.

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SCHEDULE J - TERMS SPECIFIC TO DONATION SERVICES

1. SUBSCRIPTIONS AND CANCELLATION OF SUBSCRIPTIONS

1.1 The Subscriber will be able to subscribe to a donation service or unsubscribe from such service by sending a keyword to SMS port.

1.2 After subscription you will receive an acknowledgement SMS.

1.3 The donation subscription will be renewed based on your credit availability. In some donation services confirmation for renewal may be requested.

2. Payment terms and refund policy

2.1 You will be charged based on the donation amount and validity for which you consented and subscribed. Donation amount deducted from subscriber is inclusive of any taxes applicable as per regulation.

2.2 Dialog has provided ability to be charged for the donation subscription as a value addition to the Subscriber, in line with terms and conditions agreed with registered charity organizations.

2.3 The subscriptions shall be charged on daily or monthly basis as stated under general Terms. However, there may be certain donations for which Subscriber will only be charged once based on the donation service.

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SCHEDULE K – TERMS SPECIFIC TO LOCATION TRACKING SERVICES

1.1 The Subscriber will be able to subscribe and activate, and deactivate this service in the following manner:

1.2 Dual consent activation will take place if the Subscriber intend to activate this service.

1.3 After activation of the service you will be able to track the location of another party, who is also subscribed to the same service and has provided consent to be tracked, by way of sharing a unique PIN number with you.

1.4 Similarly if you share the unique PIN number that is provided to you upon subscription to another party, who is subscribed to the service, they will be able to track your location

1.5 The location tracked will be approximate location based on the tower location the subscriber is connected to at the time of location request.

1.6 The subscription will be renewed based on your credit availability. However, charges per location requested may also apply depending on the service.

1.7 Neither Dialog nor the Service provider will be able to provide location tracking requests upon customer request.

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SCHEDULE L – TERMS SPECIFIC TO MOBILE APPS AND OTT SERVICES

1.1 The Subscriber will be able to activate or deactivate the service via a mobile app or website.

1.2 This service will be activated via dual consent.

1.3 If the activation channel is web – This service will be activated via dual consent provided on a website.

1.4 If the activation is via mobile app – This service will be activated via customer initiated subscription where customer installs a mobile app on his/her Smartphone or visits the Progressive Web App, and provides dual consent to pay subscription cost, or one time costs via his mobile number.

1.5 Service deactivation can be done by sending a keyword to SMS port or via Mobile App or Progressive Web App

1.6 The applicable DATA charges shall be applied while using the Portal.

1.7 The Subscriber must come to Portal, App or Progressive Web App, to consume the content. And the content provider retains the right to send reminder messages and summaries of content if the Subscriber is subscribed to the service.

1.8 The subscriptions shall be charged on daily ,weekly or monthly basis. Some services may have price points for bi-weekly, 3 monthly, 6 monthly or annual where applicable. Further some services may charge additionally for on demand content in addition to the regular subscription, which will be clearly mentioned on the website. Taxes pertaining to the Service charge by operator will be charged as per current regulation.

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Schedule M – Terms specific to play back ringing tones (“PRBT”)

1. Subscriptions and cancellation of subscriptions

1.1 The Subscriber will be able to subscribe and activate and deactivate this service by sending a keyword to SMS port and confirming

1.2 After activation you will receive content via SMS daily, weekly based on the service,

1.3 After the content activation you will receive a SMS for the song (content) and prior to the auto renewal the Subscriber will again be notified via a SMS.