IdeaBiz is an online platform (the “Service”) provided by Dialog Axiata PLC (Dialog), that acts as a Platform through which Developers create applications (the “App(s)”) using the given API toolkits or perform other functionalities provided by the platform for use by other users (the “Users”) within or outside the organization.
The Developers shall be an individual or a company that uses the IdeaBiz platform provided by Dialog Axiata PLC.
By using the Service, The Developer agrees to be bound by the following terms and conditions (the "Terms of Service"). The Dialog shall not be responsible or liable for any breaches of third party agreements by any Apps developed or published by The Developer.
Dialog reserves the right to change these Terms of Service in any way and at any time at its sole discretion. It is The Developer’s responsibility to review the Terms of Service from time to time so The Developer is aware of any changes or updates. Any new features that augment or enhance the current Service shall also be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute The Developer’s consent to such changes. Please read the Terms of Service very carefully.
2. Account Terms
Violation of any of the Terms of Service may result in the termination of The Developer account without notice. Dialog prohibits inappropriate, obscene, offensive and illegal conduct and content while using its Service—this includes both conduct and content while using its Service and conduct and content in any product resulting from use of the Service. In using the Service, The Developer understands and agrees that Dialog is not responsible for the content posted, shared or produced using the Service. The Developer agrees to use the Service at The Developer’s own risk.
A. The Developer must be a registered entity by permitted Law in Sri Lanka.
B. The Developer will sign a legal contract with Dialog separate to this online agreement with regard to financial considerations and other solution related matter.
C. The Developer must provide valid information for the registration process in order to access the Service.
D. The Developer is responsible for maintaining the security of The Developer’s account and passwords created by staff attached to The Developer. The Developer is solely responsible for any and all use of The Developer’s account and actions taken under The Developer’s account. The Developer agree to notify Dialog immediately if The Developer suspect or believe The Developer’s account has been accessed or used without The Developer’s permission. The Developer will also be responsible for the maintenance of any devices used in conjunction with The Developer’s account. The Developer agree to notify the Dialog immediately if The Developer believe The Developer’s device(s) may have been stolen or is otherwise being used by a third party without The Developer’s permission. Dialog cannot and will not be liable for any loss or damage from The Developer’s failure to comply with this security obligation.
E. The Developer is responsible for all material The Developer produces using the Service and activity that occurs under The Developer’s account (even when content is posted by others who have access to The Developer’s account).
F. The Developer shall not use the Service for any purposes illegal or otherwise in conflict with these Terms of Service. The Developer must not, in the use of the Service, violate any laws in the legal jurisdiction to which The Developer are subject to (including but not limited to any state, local, provincial, regional, federal or international laws). Take special heed of copyright laws when using the Service.
G. The Developer shall not use Content with malicious intent or falsify, manipulate, or tamper with data related to but not limited to App usage, downloads, sessions, impressions, click trough or other end-user generated data. Developer should not use any Dialog subscriber numbers, personal data (Ex. Names, locations etc.) and misuse any of the data obtained for any other purpose than the purpose of the application created.
H. The Developer shall not use any unlicensed software for the developments of The Developer’s application or as a component of The Developers application and any App or Content developed by The Developer shall not violate any third party intellectual property rights. Any legal liability associated with The Developer’s applications shall be the sole responsibility of the Developer.
H. App name used by The Developer must be relevant and unique to the App being created. Branding/Trademarks need license or permission to use.
I. The Developer must not use other App names or Dialog names as keywords.
J. The Developer understand and agree that Dialog holds the right to review and approve any content or App and any Content or App will be made available in the Service only upon prior approval by the Dialog, provided nothing herein shall limit the Developer’s responsibility with respect to the content or the App. The Developer understand and agree that the Dialog may take minimum 3 working days for the approval of The Developer’s registration or App from the submission date for web services based applications and 5 working days for downloadable applications. However depending on the complexity this minimum time period might vary.
K. The Developer agree that Dialog shall not generate any short message or distribute any content among its subscribers or The Developer’s end users between 22:00 hours to 06:00 hours or any other time decided by Dialog.
L. The Developer understand and agree that the maintenance of the App shall be the Developer’s responsibility and the Dialog may withhold or refuse to make any payment hereunder, if Dialog in its sole discretion determines that the Developer has not maintained the App to Dialog’s expected standards.
3. Ownership and Licenses
A. With the exception of Developer Content (as defined below), all content and intellectual property available through the Service, including, without limitation, all software code and builds relating to Apps, all data compiled by Dialog from the Service and the Apps, and all information derived by Dialog from such compiled data is the proprietary content and property of, and is solely owned provided by, Dialog and/or is used by Dialog under license. Such content is protected by laws relating to copyright, patent, trade secret and/or other forms of intellectual property and by other applicable laws, and Dialog reserves and retains all rights with respect thereto. The look and feel of the Service is copyright of Dialog. Dialog hereby grants to The Developer a non-exclusive, non-transferable, revocable, limited license to use the Service and the content conditioned upon The Developer’s adherences to the terms and restrictions set forth herein.
B. The Developer shall not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements related to the content without express written permission from Dialog or for any other purpose not protected by fair use. The Developer is authorized to use the content as long as The Developer abides by these Terms of Service. The Developer agree not to copy, alter, modify, reverse engineer, or create derivative works of the content, including, without limitation, the Apps, in any way that violates the use restrictions contained in these Terms of Service. Any unauthorized use of the content may violate copyright law, trade mark law, or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and will not be interpreted or construed to, grant to The Developer any license to any intellectual property rights or other proprietary rights.
C. Subject to the rights of Dialog in the Service itself and the content, The Developer shall retain ownership of: (i) all materials, source code, content and intellectual property that The Developer provide to Dialog in connection with the Apps; and (ii) any modules that The Developer build on The Developer’s own in connection with Apps (collectively, the “Developer Content”). By using the Service, The Developer grant to Dialog a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Developer Content in connection with the operation, maintenance, and optimization of the IdeaBiz services and its apps publishing environment.
D. By using the Service, The Developer represent and warrant that The Developer have full right and ownership of or are otherwise legally allowed to use or license or sublicense any and all Developer Content and other material The Developer upload to or distribute through the Service and that such Developer Content does not infringe any third party rights, including, without limitation, intellectual property rights.
E. If the materials The Developer use in connection with the Service requires licensing or licensing fees in exchange for its use, The Developer shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents).
The name and mark IDEA MART IDEA BIZ or DIALOG or DIALOG AXIATA and any other logos, graphics, designs, web/page designs, and icons of the Dialog used in connection with the Service are registered or unregistered trademarks, service marks or trade dress of the Dialog (the "Marks"). The Developer shall not use the Marks in any form or in any media without the prior written consent of Dialog.
The Developer shall retain all right, title and interest in and to all of The Developer’s logos, promotional graphics and related marketing designs (collectively, the “Developer Art”); provided, however, that Developer hereby grants to Dialog a worldwide, perpetual, royalty-free, fully sublicenseable, non-exclusive license to use the Developer Art, as well as Developer’s corporate and/or trade name for purposes of marketing Dialog’s products and services to third parties.
5. Developer’s End Users
If applicable, The Developer shall clearly communicate the price charged for the use of the Apps and the nature and method of using the App and the frequency of messages passed to the end user device to the End Users in all advertising material used to publicise the APP and in all confirmation messages provided to the end user at the time of initial subscriptions.
The Developer at all times will respect the privacy of the end user and agrees not to use the mobile numbers and private data of end users for any spamming purposes or other illegal or harmful causes.
6. Payments and Refund Terms
A. Dialog in a separate agreement will indicated the pricing and charges for use of the Services discussed in this Terms and Conditions sheet.
B. If applicable, the fee chargeable from the End Users for the use of an App shall be indicated by the Developer to the end user. The Developer shall be responsible for communicating and obtaining the consent of the End User for the fees charged from the End Users for using the App at the time of first registration of each end user.
C. All payments and charges to be made shall be in Sri Lanka Rupees (SLR)
D. Where appropriate and legally required, all taxes applicable under Agreements on any payments made shall be borne or paid by the Party charged with the tax.
7. Modifications to the Service and Prices
A. Dialog reserves the right at any time and from time to time to modify or discontinue—temporarily or permanently —the Service (or any part thereof) with or without notice at any time.
B. Prices of all Services, including but not limited to any monthly subscription-plan fees, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to http://www.IdeaBiz.lk
C. Dialog shall not be liable to The Developer or to any third party for any modification, price change, suspension or discontinuance of the Service or any other related service.
D. From time to time, Dialog may issue an update to the Service that may add, modify, and/or remove features. These updates may be pushed out automatically
with little or no notice, although Dialog may notify The Developer in advance of an upcoming update, including details on what the update includes.
8. Deactivation and Termination
A. Dialog may deactivate an account at The Developer’s request and reserves the right, in its sole discretion, to terminate The Developer’s account or access to the Service at any time, with or without notice or explanation, for any or no reason, and without liability.
B. The Developer is solely responsible for properly deactivating The Developer’s account. Account deactivation requests must be submitted in writing to admin@IdeaBiz.lk. Deactivations by phone or sent to any other email address will not be considered valid.
C. Dialog has the right to suspend or terminate The Developer’s account and refuse any and all current or future use of the Service or that of any other service provided by the Dialog for any reason, at any time, with or without notice, and without any refund of monies paid. Such termination of service will result in the deactivation or termination of The Developer’s account. The Developer will no longer be able to access The Developer’s account and any Content stored with the Service in relation to the account.
D. Dialog reserves the right to refuse service to anyone for any reason at any time. Such refusal may include, but is not limited to, Apps involving
materials that the Dialog determines to be violent, obscene, or offensive; to advocate violent or illegal activity; to contain (or have the potential to
contain) any malware; or to contravene any law, statute, or ordinance; or to violate these Terms of Service; or to violate any third parties’ terms of
The privacy of users is important to the Dialog and The Developer shall keep all and any information of the users of the app and the content in strict confidence and shall not disclose unless required by a court of law or government authority with competent jurisdiction.
The Developer shall keep customer / user mobile numbers provided by Dialog in strict confidence and shall not disclose unless required by a court of law or government authority with competent jurisdiction. .
10. Quality of Service
While reasonable efforts are made to keep the Service accurate and current, Dialog assumes no liability for any inaccuracies in the Service or any of its services or for any damages that may result from the use of information posted to the Service.
A. The Developer understand and agree that The Developer’s
use of the Service is at The Developer’s own risk and on an as-is basis.
B. Dialog does not warrant that:
· The Service will meet The Developer’s specific requirements;
· The Service will be uninterrupted, timely, secure or error-free;
· The results that may be obtained from the use of the Service will be accurate or reliable;
· The quality of any products, services, information, or other material purchased or obtained by The Developer through the Service will meet The Developer’s expectations and any errors in the Service will be corrected.
C. At no time is Dialog obligated to issue a monetary refund, nor is it liable for damages in connection with any use of the Service or any related defect, perceived or real, in the services rendered.
D. The Developer understands that the words and opinions of other Developers using the Service are not those of Dialog and Dialog does not and cannot accept responsibility of such words or opinions.
The Developer agree to indemnify and hold Dialog and its employees, suppliers, licensors, agents and service providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys’ fees) arising out of, in connection with, or related to:
· The Developer’s use of the Service, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchases services, or any violation of these Terms of Service;
· Any data, software, services or other materials that The Developer use in connection with The Developer’s access or use of the Service, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.
12. Disclaimers and Warranties
The Developer expressly agrees that the use of the Service is at The Developer’s sole risk. The Service, including any content, applications, or materials provided thereunder, are provided on an "as is" basis and Dialog hereby expressly disclaims all representations and warranties of any kind, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement. Without limiting the foregoing: (a) Dialog cannot and does not guarantee any specific results from the use of the Service and Dialog specifically does not make any claim or warranty that the Services will be uninterrupted or error-free and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content or any user communication or message; (b) Dialog does not represent or warrant that applications, content, data or materials on the Service are accurate, complete, reliable, current or error-free or that the Services are free of viruses or other harmful components and, accordingly, The Developer should always exercise caution in the use and downloading or use of any such applications, content, data or materials and use industry-recognized software to detect and disable or block viruses, malware and other malicious code; (c) The Developer understand and agree that The Developer download, access or otherwise obtain applications, content, data and materials from the Service at The Developer’s own discretion and risk and that The Developer are solely responsible for The Developer’s use thereof and any damages to The Developer’s mobile phone or mobile device or computer system, any loss of data, and any other damage or harm of any kind that may result therefrom; (d) Dialog is not responsible for any problems or technical malfunction of any mobile phone or mobile device, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Service or combination thereof, including any injury or damage to users or to any person's mobile phone or mobile device or computer related to or resulting from participation or downloading materials in connection with the Service; (e) under no circumstances will Dialog be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any user content posted on or through the Service; and (f) Dialog is not responsible for the conduct, whether online or offline, of any user of the Service.
To the extent that the applicable law does not allow the exclusions and disclaimers of warranties as set forth above, some or all of the above exclusions and disclaimers may not apply to The Developer, in which case all warranties will be limited to the fullest extent permitted by applicable law. The Developer acknowledges that the disclaimers, limitations and waivers of liability contained herein will survive any termination of The Developer’s account(s) or any services. The exclusions and disclaimers set forth in this section will survive any termination or expiration of The Developer’s registered user account or The Developer’s use of the Service.
13. Limitation of liability
In no event will Dialog, its affiliates, or its and their respective directors, officers, employees, agents, successors and assigns be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for lost profits or loss of data, arising out of or resulting from, The Developer’s use of the Service, even if Dialog is aware of or has been advised of the possibility of such damages. Without prejudice to the above, Dialog's aggregate liability to The Developer for any cause whatsoever, regardless of the form of the action, will at all times be limited to the revenue earned by Dialog through the relevant App of the Developer during the year (or part thereof) immediately before the claim. To the extent applicable law does not allow the exclusions and limitations of damages as set forth above, some or all of the above exclusions and limitations may not apply to The Developer, in which case Dialog's liability to The Developer will be limited to the fullest extent permitted by applicable law. The limitations and exclusions set forth in this section will survive any termination or expiration of The Developer’s registered user account or The Developer’s use of the Service.
14. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to The Developer. The exclusions and limitations of liability in these Terms of Service will apply
notwithstanding any failure of essential purpose of any limited remedy.
15. Entire Agreement and Severability
These Terms of Service are the entire agreement between The Developer and Dialog with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between The Developer and Dialog with respect to the Service (including but not limited to any prior versions of the Terms of Service. If, any of the terms and conditions of these Terms of Service shall be or become unenforceable for any cause or reason whatsoever, the ensuing lack of enforceability shall not affect the other provisions hereof, and in such event the Parties hereto shall endeavour to substitute forthwith such other enforceable provisions as will most closely correspond to the legal and economic contents of the said terms and conditions.
16. General Conditions
A. These Terms of Service shall be governed by the laws of Sri Lanka and any dispute or interpretation arising out of these Terms of Service shall be referred to a court of law with competent jurisdiction in Colombo, Sri Lanka
B. The Developer understand that Dialog uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to maintain the Service.
C. Technical support is available through community forums and other means which will be communicated through a signed legal document. Dialog reserves the right to change the way it offers technical support at any time with or without notice.
D. Dialog may use third party services to augment or enhance its Service. Dialog is not responsible for such services offered by other companies and cannot be held liable for their actions, including to any resulting damages, defects or failures.
E. The Developer agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or its resulting Apps or any other resulting product without permission.
F. The Developer must not modify, reproduce, mimic, adapt or hack the Service or modify another website so as to falsely imply or mislead that it is associated with Dialog, including any other services or brands under Dialog’s name.
G. The Developer understand that the technical processing and transmission of the Service, including The Developer’s content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
H. Any verbal, physical, written or other abuse (including threats of abuse or retribution) of any of Dialog’s customers, employees, members, or officers may result in immediate account termination. This includes abuse in any form of communication, both online or offline.
I. The Developer may not impersonate any Dialog employee or suggest in any way that The Developer are employed by Dialog. The Developer may not represent The Developer’s services or product as part of the Service or mislead other Developers to believe The Developer is an official extension of the Service or any Dialog brand.
J. The Developer are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
K. By using the Service, The Developer expressly consent to Dialog building The Developer’s App on multiple platforms and multiple mobile operating systems with multiple data carriers, even if these aforementioned entities are not available or known today.
L. User understands that any Apps created with the Service is through their own volition and therefore indemnify and hold harmless Dialog and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, that may be sustained, due to or relating in any way but not limited to copyright infringement, fraudulence, or trademark violation by way of creating and/or using of any Apps created by Dialog.
M. The failure of Dialog to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.