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:
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:
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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