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Version: 1.2

Dated: May 11, 2023

PRIVACY NOTICE

Axiata Digital Labs (Private) Limited its subsidiaries and associates/affiliates, PT Axiata Digital Labs Indonesia and Axiata Digital Labs Sdn Bhd (Formerly known as Axiata Management Services Sdn Bhd) (together and/or individually referred to as “ADL”, “us” or “we” or “our”) are committed to protecting personal data of our business customers, business partners and suppliers, visitors, applicants, candidates, personal data of individuals who work for, or act on behalf of, our business customers, business partners, suppliers, and/or such applicants and candidates (collectively, “data subject”) that have been provided to us. In ADL, we take privacy seriously and all our activities are underpinned by our T.R.U.S.T. principles of being Transparent, respecting your Rights, in our Use of your personal data, through robust cyber-Security practices and we take due care when Transfer of data is required. In this privacy notice (“Privacy Notice”), all references to ‘personal data’ shall include ‘sensitive personal data’.

This Privacy Notice explains what and how personal data is collected and further processed (as defined in Malaysia’s Personal Data Protection Act 2010, Personal Data Protection Act, No. 9 of 2022 of Sri Lanka, Republic of Indonesia’s Law No. 27 of 2022 concerning Personal Data Protection and/or other applicable laws), for what purposes it is collected and further processed by us, sources (if any) of personal data, to whom personal data is disclosed and how to access and update your personal data, and where to go for further information in respect of the personal data.

If you provide us with personal data of other individuals, you hereby represent that you have obtained consent from that individual prior to providing their personal data to us. References to ‘your personal data’ in this Privacy Notice would include such individual’s personal data that you provided to us.

In the event of any conflict between the English, Bahasa and Bahasa Melayu versions of this Privacy Notice, the English version shall prevail.

Information about children

If you are under the age of 18, you are required to obtain the consent of your parent, guardian or person who has parental responsibility over you before providing us with your personal data (for example, your name, address, and email address).

What personal data do we collect?

The types of personal data we collect or obtain may vary according to our relationship with a data subject and may include the following:

A. For Business Customers

contact information (such as name, address, email address and telephone number)

banking information (such as direct debit, related bill payments and banking transactions)

B. For Business Partners and Suppliers

contact information (such as name, address, email address and telephone number)

identification information (such as national identification number, passport identification number, tax registration number, social security number, driver’s license, date of birth)

business information (such as name of organization, job title, department, business address, organization structure, shareholding, directorship)

any recordings captured through our communication platform(s) (such as telephone recordings, Microsoft Teams, Zoom, etc.)

details contained in business registration documents, third-party due diligence documents, trade references and credit checks.

financial details including banking account details and bank account statements.

C. For Visitors to Any of Our Premises or Events

contact information (such as name, address, email address and telephone number)

identification information (such as national identification number, passport identification number, etc.)

business information (such as name of organization, etc.)

reason for visit

date and time of visit

biometrics and facial recognition

security notes (special instructions and access restrictions)

any photographic and/or video footage captured or recorded by our surveillance camera (CCTV) system or any other recording system.

It is obligatory for you to supply such personal data if you enter any of our premises or attend any of our events.

D. For Applicants, Candidates and Beneficiaries

contact information (such as name, address, email address and telephone number)

identification information (such as national identification number, passport identification number, tax registration number, date of birth and any other identification information)

demographic information (such as age range, marital status, gender, etc.)

financial information (such as parents’ incomes, beneficiaries’ incomes, bank account name and number, etc.)

education information (such as field of studies, university, country of study, academic scores and achievements, professional certifications, etc.)

employment information (such as employer name, address, email address, telephone number, position employed, employment tenure, etc.)

any photograph(s) or video footage(s) submitted to ADL (such as profile pictures, contest submissions, etc.)

Additional sensitive personal data that we may collect:

health information

Additional sensitive personal data that we collect.

We may, during times of crisis such as war, terrorism, riots, natural disaster, or health crisis/disease outbreak, collect:

health and physical condition

health condition of individuals in your household

result of your health test(s) if any

whether you are or were in self-isolation when you are or were unwell

body temperature

It is obligatory for you to supply such additional sensitive personal data if you enter any of our premises or attend any of our events during such times of crisis.

When do we collect your personal data?

We may collect or obtain your personal data:

A. For Business Customers

when you use our network, products and/or services.

when you contact us or register for information relating to our network, products and/or services or for any other purpose(s)

when you communicate with us (such as via telephone calls, text messages or other digital channels, emails, questionnaires, or surveys)

when you use or interact via any of our digital applications, visit any of our websites or social media pages (details on this is set out in our Cookie Notice)

when you participate in any of our promotional events, incentives, or loyalty programs.

from external agencies (such as credit reference agencies, screening, or investigation agencies)

from our internal database pursuant to your relationship with any subsidiary, affiliate, or associated company of ADL

B. For Business Partners and Suppliers

when you use our network, products and/or services.

when you communicate with us (such as via telephone calls, text messages or other digital channels, emails, questionnaires, or surveys)

when you use or interact with any of our digital applications, visit any of our websites or social media pages (details on this is set out in our Cookie Notice)

from external agencies (such as credit reference agencies, screening, or investigation agencies)

from our internal database pursuant to your relationship with any subsidiary, affiliate, or associated company of ADL

C. For Visitors to Any of Our Premises or Events

when you use our network, systems and/or services.

when you register in our visitor logbook or submit the visitor entry form

when you provide us with your identification document(s)

when you provide your host with information

from our surveillance camera (CCTV) system or any other recording system

D. For Applicants, Candidates and Beneficiaries

when you submit your online application to participate in any of our programs or events

when you contact us or register for information relating to our events and/or services or for any other purpose(s)

when you communicate with us (such as via telephone calls, text messages or other digital channels, emails, questionnaires, or surveys)

when you use or interact via any of our digital applications, visit any of our websites or social media pages (details on this is set out in our Cookie Notice)

from external agencies (such as employment recruiters, event organizers, business partners, transporters, accommodation, and any other event related suppliers)

from our internal database pursuant to your relationship with any subsidiary, affiliate, or associated company of ADL

from the surveillance camera (CCTV) system when you are physically present at any of our premises or events

from any event photos and/or video shoots

How do we use your personal data?

Your personal data may be used or processed for the purposes of:

A. For Business Customers

providing you with products, services and/or offers which may be of interest to you.

notifying you about benefits and changes to the features of products and services

providing you with the latest offers, campaigns, and promotions (when you subscribe to such updates)

sending you service messages about your subscription or account registration

using your data for participation in customer surveys or meetings

compliance with laws and/or contractual and/or regulatory obligations

protecting or exercising our legal, contractual and/or regulatory rights and remedies

sending you information via telephone calls, text messages or other digital channels, emails, etc. or social media about products and services offered by selected third parties that may be of interest to you.

other legitimate purposes

B. For Business Partners and Suppliers

business execution

organization and management of the business

health, safety, and security

compliance with laws and/or contractual and/or regulatory obligations

protecting or exercising our legal, contractual and/or regulatory rights and remedies

protecting our assets and interests

other legitimate purposes

C. For Visitors to Any of Our Premises or Events

health, safety, and security

providing access to our network, systems and/or services

compliance with laws and/or contractual and/or regulatory obligations

protecting or exercising our legal, contractual and/or regulatory rights and remedies

other legitimate purposes

D. For Applicants, Candidates and Beneficiaries

for online application selection and recruitment processes

understand participants’ demographics.

for program logistics planning and implementation

as part of advertisements and/or general updates on any media platform(s)

for security clearance at third-party premises

compliance with laws and/or contractual and/or regulatory obligations

protecting or exercising our legal, contractual and/or regulatory rights and remedies

for internship placement

registration for extended programs (internal and external)

other legitimate purposes

Who do we disclose your personal data to?

We may disclose your personal data:

A. For Business Customers

to any subsidiary, affiliate, or associated company of ADL

to other carriers and/or operators when routing international calls

to third parties when disclosure is necessary or reasonable to protect rights of ADL and/or any subsidiary, affiliate, or associated company of ADL, protect your security, investigate fraud or respond to a law enforcement request.

to service providers, field engineers, contractors, subcontractors, Sub-Processors (defined below) or any other third-party performing work on behalf or at the instruction of ADL and/or any subsidiary, affiliate, or associated company of ADL.

to business partners for marketing activities

to third parties for credit checks and fraud management

to third parties for carrying out analytics to understand how you use our services

to third parties for research and development purposes

to dealers or agents of ADL and/or any subsidiary, affiliate, or associated company of ADL

to third parties for the purposes set out under “How do we use your personal data?”

B. For Business Partners and Suppliers

to any subsidiary, affiliate, or associated company of ADL

to third-party agents, service providers, consultants, advisors, contractors and/or subcontractors of ADL and/or any subsidiary, affiliate, or associated company of ADL

to any party appointed by you or on your behalf, to process personal data (“Sub-Processor”)

to any public authority, governmental, regulatory, or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which ADL and/or any subsidiary, affiliate or associated company of ADL is subjected to or as permitted by applicable local law.

to third parties for the purposes set out under “How do we use your personal data?”

C. For Visitors to Any of Our Premises or Events

We do not routinely share/transfer your personal data with any external organizations or third parties. However, where and whenever we share/transfer your personal data, it may be:

to any person(s) by whom we are required by law, contractual, governmental, or regulatory requirements to make disclosure.

to authorized personnel, third party agents or service providers as necessary to process your personal data.

to any provider of security and emergency services

to third parties for the purposes set out under “How do we use your personal data?”

D. For Applicants, Candidates and Beneficiaries

to logistic partners for program planning and implementation

to business partners for business simulations and challenges

to transportation agencies for travelling purposes

to insurance agencies for travel personal accident coverage

to digital platform service providers for online learning and self-development

to creative and social media vendors for production of program montages, promotional materials, television series, podcasts, social media postings, etc.

to any subsidiary, affiliate, or associated company of ADL

to third parties when disclosure is necessary or reasonable to protect our rights, protect your security, investigate fraud, or respond to a law enforcement request.

to third parties for measuring the effectiveness of our programs

to third parties for the purposes set out under “How do we use your personal data?”

We use reasonable efforts in accordance with industry best practices to ensure that the above-mentioned maintain the confidentiality of your personal data and are restricted from using your personal data for any unauthorized purpose.

Transfers of Personal Data

We may transfer your personal data across geographical borders to other entities. Where your personal data has been transferred to any subsidiary, affiliate, or associated company of ADL and/or to third parties across geographical borders, the transfer of your personal data is carried out under organizational, contractual, and legal measures and with adequate levels of protection implemented as well as in compliance with any additional local legal requirements for the parties receiving this information in order to safeguard your personal data.

How do we store and protect your personal data?

We may collect and store your personal data in electronic and/or physical form, depending on the requirement. Information may be stored at our and third-party premises within IT Systems (e.g., external cloud storages, internal or third-party management systems, e-mails, databases, hard drives), document warehouses, etc.

We endeavor, where practicable, to process your personal data in a safe environment by preventing any unauthorized or unlawful processing of personal data or accidental loss or destruction of, or damage to, such information. We have implemented various physical, technical, and administrative security measures to protect your personal data and our network from unauthorized access. Some of these measures include:

encryption of data in transit or at rest

strict adherence to privacy and security practices

periodic security assessment and reviews to upgrade our practices.

restriction of access to personnel who have a need to know such data.

How long do we retain your personal data?

We will retain your personal data only for as long as such information is necessary for the purposes it was collected for. The retention period for personal data may also be affected by the requirements of applicable laws. In all cases information may be held for a longer period where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or subject to law, a shorter period where the individual objects to the processing of their personal data.

What are your rights?

We respect your rights and privacy by taking steps to ensure that your personal data is accurate, complete, not misleading, and up to date. In compliance with the Malaysia’s Personal Data Protection Act 2010, Personal Data Protection Act, No. 9 of 2022 of Sri Lanka, Republic of Indonesia’s Law No. 27 of 2022 concerning Personal Data Protection, we assure you that:

you have the right to know what personal data we have about you.

you have the right to request a copy of your personal data.

you have the right to correct your personal data to ensure it is accurate, complete, not misleading, and up to date.

you have the right to withdraw your consent from our processing of your personal data.

you can also ask us to restrict how we use your personal data where it is likely to cause damage or distress.

you have a right to prevent processing of your personal data for purposes of direct marketing.

For exercising your rights, you can reach out to us through the details under ‘Who can I contact for more information?’ section given below.

You may request us to stop communicating with you by contacting us on the below mentioned contact details. These choices do not apply to the receipt of mandatory product or service communications that are considered as part of certain ADL’s and/or any subsidiary, affiliate or associated company of ADL’s products or services, which you may receive periodically, unless you cancel the subscription of our products or services.

Voluntary and obligatory supply of personal data

Unless otherwise specified in this Privacy Notice, your supply of personal data is voluntary. If you fail to supply personal data, this may result in the consequences described in the following section.

Consequences of not providing personal data

We may require collection of certain personal data about you and failure to provide such information may:

result in us preventing your entry to our premises or participating in our events.

result in us being unable to process your application and/or provide you with our services.

result in us being unable to respond to your requests on our products/services.

limit or prevent access to certain features on our website/weblinks.

result in us being unable to inform you on latest updates regarding any promotions, our services/products or launches.

result in your inability to receive invitation to promotional activities organized by us.

negatively affect our ability to communicate with you.

result in our inability to enter into a contract with you or a counterparty or continuing to contract with you or a counterparty.

negatively impact your chances of being selected for any potential employment, engagement, or internship

By submitting personal data to us, you acknowledge that:

You have read and understood this Privacy Notice and agree and consent to the use, processing and transfer of personal data as set out herein; and

All information and representation provided are true and correct to the best of your knowledge, and you have not knowingly omitted any relevant information which may have an adverse effect.

Who can I contact for more information?

If you have any questions or enquiries about this notice, our privacy and information handling practices, or would like to exercise your rights as data subjects, kindly reach out to:

Data Privacy Officer:

e-mail: ravindra.thalagahawatta@axiatadigitallabs.com

Telephone: +94773064720

Updates to the Privacy Notice

We reserve the right to amend, modify, vary, or update this Privacy Notice and our Cookie Notice, at our sole discretion from time to time, as and when the need arises. The most recently published Privacy Notice and Cookie Notice shall prevail over any of its previous versions. You are encouraged to check this Privacy Notice and Cookie Notice from time to time to stay informed of any changes. You agree to adhere to the terms of the Privacy Notice and Cookie Notice including any variations.

What are cookies?

A cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer’s hard drive or tablet or mobile device. When you visit our sites, we may collect information from you automatically through cookies and other tracking technologies.

What are web beacons?

Web Beacon is a transparent graphic image placed on websites/e-mails to monitor user activity. Web beacons are similar to cookies and are often used in combination with cookies.

What do we use cookies for?

Like most providers of online services, we use cookies to provide, secure and improve our services, including by remembering your preferences, recognizing you when you visit our website and personalizing and tailoring ads to your interests. To accomplish these purposes, we also may link information from cookies with other personal information we hold about you.

What are the different types of cookies?

First-party cookies

First-party cookies are placed on your device directly by us. For example, we use first-party cookies to adapt our website to your browser’s language preferences and to better understand your use of our website.

Third-party cookies

Third-party cookies are placed on your device by our partners and service providers. For example, we use third-party cookies to measure user numbers on our website or to enable you to share content with others across social media platforms.

Session cookies

Session cookies are used for a variety of reasons, including to learn more about your use of our website during one single browser session and to help you to use our website more efficiently. Session cookies last only until you close your browser.

Persistent cookies

Persistent cookies are primarily used to help you quickly sign-in to our website again and for analytical purposes. Persistent cookies have a longer lifespan and aren’t automatically deleted when you close your browser.

Based on functionality, cookies can be classified as below:

Functionality	Description
Necessary cookies	These cookies are strictly necessary to provide you with services available through our website and to use some of its features, such as access to secure areas.
Analytics cookies	These cookies help us understand how our website is being used, how effective marketing campaigns are, and help us customize and improve our websites for you.
Marketing cookies	These cookies record your visit to our website, the pages you have visited (including, in the case of interest-based advertising, the pages of other websites) and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose. Without these cookies, you will be able to use and enjoy all the features of our website but the ads you see will not be tailored to your preferences.
Preference Cookies	Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

By using our website, you consent to the use of these cookies. If you do not wish to accept any cookies or certain types of cookies/web beacons, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies.

Cookie preferences

Users can mostly control their cookie preferences by managing the browser settings. For more information about these controls and to exercise your cookie preferences, visit your browser or device’s help material.

Please however note, that, if you delete cookies or do not accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not get displayed properly.

Changes to this cookie policy

We may periodically update this policy to comply with privacy regulations, describe new website features, or to add and/or remove cookies that we use.

Other information

For more information on how Axiata Digital Labs (Private) Limited manages your personal data received through the website, please read Axiata Digital Labs (Private) Limited’s privacy notice.

How to contact us

If you have any questions or concerns about this policy or its implementation, please contact us at upekkha.batuvantudave@axiatadigitallabs.com.

Website Terms of Use

Last Modified: 22 October 2021

General Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Axiata Digital Labs (Private) Limited (“Company,” “we,” or “us“). The following terms of use [together with any documents they expressly incorporate by reference] ([collectively,] (“Terms of Use“) govern your access to and use of [https://www.axiatadigitallabs.com], including any content, functionality, and services offered on or through [https://www.axiatadigitallabs.com or https://kidssafe.lk/] (together referred to as the “Website”) [whether as a guest or a registered user].

Please read the Terms of Use carefully before you start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at [PRIVACY NOTICE], incorporated herein by reference]. If you do not want to agree to these Terms of Use [or the Privacy Notice], you must not access or use the Website.

By using this Website, you represent and warrant that you [are of legal age to form a binding contract with the Company and] meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them [and apply to all access to and use of the Website thereafter]. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page [from time to time/frequently/each time you access this Website] so you are aware of any changes, as they are binding on you.

Customer Care

If you have a general enquiry about ADL products and services, please contact ADL Customer Care on 0766766300 or via email info@axiatadigitallabs.com.

Definitions

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

“ADL” means Axiata Digital Labs (Private) Limited whose registered office is at 475 Union Place, Colombo 02, Sri Lanka and may also be referred to as “ADL”, “we” or “us” in these Terms of Use.

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

“Functionalities” means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;

“Terms of Use” means the contract between ADL and you incorporating these terms of Use;

“Trade Marks” means the word or mark “ADL”, however represented, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;

Use of Content

5.1 The services that we are providing to you via the Site consists of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites (“the Services”).

5.2 You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms of Use or on the Sites.

5.3 You agree that the Sites and the Services are for your own personal use only on a single computer or device.

5.4 You may not:

copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer or otherwise make available any of the Services or any information learned by you whilst using the Services or accessing the Sites.
remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms of Use.
reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law).
copy or use any material from the Sites and/or the Services for any commercial purpose.
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 Sites or obtained as a result of the Services.
set an hyperlink to any part of the sites in any form from your site without ADL’s written consent.

5.5 Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.

5.6 You may establish a link or “deep link” to the Sites from your site, provided that you have obtained ADL’s prior written consent and that at ADL’s sole discretion, the context is relevant and the link or its description is not detrimental to ADL.

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

8.1 You warrant that you will only use the Sites and the Services in accordance with these Terms of Use and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorise or permit any other party to):

a. 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;

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 ADL’s legitimate web pages (referred to as “page-jacking”) or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and ADL 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. use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without ADL’s written consent;

d. knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by ADL or other Internet users;

e. 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 Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy ADL’s reputation or the reputation of any third party.

8.2 You acknowledge that chat, discussion group or bulletin board services and similar services offered by ADL (“Public Communication Services”) are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. ADL shall not be responsible for, and does not control or endorse any Content of any Public Communication Services.

8.3 If any information provided by you is untrue, inaccurate, not current or incomplete, ADL has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.

ADL’s use of your personal information is governed by ADL’s privacy policy.

10.1 All Trade Marks used on the Sites and/or the Services are the trade marks of ADL or one of ADL’s affiliates or partnered companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of ADL or the Trade Marks.

10.2 You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by ADL, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.

10.3 You are only allowed to use the Sites and the Services as set out in these Terms of Use and nothing on the Sites and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietary rights of ADL, any member of the ADL partnerships or any third party, whether by estoppel, implication or otherwise.

10.4 You hereby grant to ADL a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the Sites and/or the Services as ADL sees fit and without notice to you, unless you have indicated otherwise in such communication.

11. Liability for Content

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

11.2 The Sites and the Services are provided on an “as is” basis. Although every effort has been made to provide accurate information on these pages, neither ADL, nor any of its employees, nor any member of the ADL’s affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.

11.3 You acknowledge that ADL is unable to exercise control over the security or subject matter of Content passing over the ADL Network, the Sites or via the Services and ADL hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

12. Liability for third party content

12.1 The Sites contains links to web sites, web pages, products and services also operated or partnered by ADL and you agree that your use of each web site, web page and service is also subject to the terms of use, if any, contained within each website or webpage or attached to any products or services. These Terms of Use shall be deemed as incorporated into each set of terms of use. In the event that there is any conflict, the terms of use contained within the relevant website or web page or attached to the relevant products or services shall prevail over these Terms of Use.

12.2 ADL assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.

12.3 The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. ADL accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

12.4 Subject to Clause 12, you agree that ADL does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and ADL 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. Notwithstanding the foregoing, ADL reserves the right to edit, bar or remove any Services and/or Content, at any time as ADL in its sole discretion believes to be necessary in order to prevent any breach of these Terms of Use or any breach of applicable laws or regulations.

13. Exclusion of Liability

13.1 Nothing in these Terms of Use shall act to limit or exclude ADL’s liability for death or personal injury resulting from ADL’s negligence, fraud or any other liability, which may not by applicable law be limited or excluded.

13.2 ADL shall use its reasonable endeavours to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, user congestion of the ADL Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

13.3 Neither ADL nor any member of the ADL shall 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 Sites and in particular, but without limitation to the foregoing, ADL specifically excludes all liability whatsoever in respect of any loss arising as a result of:

and;

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

13.5 Your only remedy under these Terms of Use is to discontinue using the Sites and the Services.

13.6 ADL 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.

14. Variation

14.1 ADL reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and / or the Services or access to part or all of them at any time.

14.2 ADL reserves the right to revise these Terms of Use at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms of Use.

15. Indemnity

15.1 You hereby agree to fully indemnify and to hold ADL harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to ADL 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 ADL in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms of Use.

15.2 You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against ADL arising from the above claims and shall provide ADL 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.

16. Termination

16.1 ADL may elect to suspend, vary or terminate the Services and the Sites at any time without prior notice for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.

16.2 ADL may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms of Use by you, including, without limitation, delayed or non payment of sums due to ADL or if ADL ceases to offer the Sites and the Services to its customers for any reason whatsoever.

17. General

17.1 Governing Law and Jurisdiction: These Terms of Use are governed by and construed in accordance with Sri Lankan law and you hereby submit to the non-exclusive jurisdiction of the Sri Lankan courts.

17.2 Severability: These Terms of Use are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms of Use.

17.3 Waiver: ADL’s failure to exercise any particular right or provision of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ADL in writing.

17.4 Representations: You acknowledge and agree that in entering into these Terms of Use 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 of Use or not) other than as expressly set out in these Terms of Use as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

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

17.6 Rights of Third Parties: Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no right of enforcement of any terms of use contained in this Agreement.

17.7 Force Majeure: ADL shall not be liable in respect of any breach of these Terms of Use 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 ADL is not responsible.

18. Entire Agreement

The Terms of Use [ /and] our Privacy Notice constitute the sole and entire agreement between you and Axiata Digital Labs (Private) Limited regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

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Thushera Kawdawatta

Chief Executive Officer

Namal Jayathilake

Chief Technology Officer

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Vice President - Sales

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