1. Your relationship with Mobitel
1.1 Your use of this product of Mobitel is subject to the terms of a legal agreement
between you and Mobitel. “Mobitel” means Mobitel (Pvt) Ltd whose principal place
of business is at No 108, W.A.D. Ramanayake Mawatha, Colombo 02, Sri Lanka. This
document explains how the agreement is made up, and sets out some of the terms of
1.2 The Terms form a legally binding agreement between you and Mobitel in relation
to your use of this Service. It is important that you take the time to read them
carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
2.1 In order to use this Service, you must first agree to the Terms. You may not
use the Service if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available
to you by Mobitel in the user interface for the Service; or
(B) By actually using the Service. In this case, you understand and agree
that Mobitel will treat your use of the Services as acceptance of the Terms from
that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not
of legal age to form a binding contract with Mobitel, or (b) you are a person barred
from receiving the Service under the laws of the Sri Lanka or other countries including
the country in which you are resident or from which you use the Service.
3. Provision of the Services by Mobitel
3.1 Mobitel is constantly innovating in order to provide the best possible experience
for its users. You acknowledge and agree that the form and nature of the Service
which Mobitel provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that Mobitel
may stop (permanently or temporarily) providing the Service (or any features within
the Service) to you or to users generally at Mobitel’s sole discretion, without
prior notice to you. You may stop using the Service at any time. You do not need
to specifically inform Mobitel when you stop using the Service.
3.3 You acknowledge and agree that if Mobitel disables access to your account, you
may be prevented from accessing the Service, your account details or any files or
other content which is contained in your account.
3.4 You acknowledge and agree that while Mobitel may not currently have set a fixed
upper limit on the number of transmissions you may send or receive through the Service
or on the amount of storage space used for the provision of any Service, such fixed
upper limits may be set by at any time, at Mobitel’s discretion.
4. Use of the Service by You
4.1 In order to access the Service, you may be required to provide information about
yourself (such as identification or contact details) as part of the registration
process for the Service, or as part of your continued use of the Service. You agree
that any registration information you give to Mobitel will always be accurate, correct
and up to date.
4.2 You agree to use the Service only for purposes that are permitted by (a) the
Terms and (b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws regarding the export
of data or software to and from the Sri Lanka or other relevant countries).
4.3 You agree not to access (or attempt to access) the Service by any means other
than through the interface that is provided by Mobitel. You specifically agree not
to access (or attempt to access) the Service through any automated means (including
use of scripts or web crawlers). You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through the Services.
4.4 You agree not to circumvent, disable or otherwise interfere with security-related
features of the Service or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the Service or the Content therein.
4.5 You agree that you will not engage in any activity that interferes with or disrupts
the Service (or the servers and networks which are connected to the Service).
4.6 You agree that you are solely responsible for (and that Mobitel has no responsibility
to you or to any third party for) any breach of your obligations under the Terms
and for the consequences (including any loss or damage which Mobitel may suffer)
of any such breach.
5. Your Passwords and Account Security
5.1 You agree and understand that you are responsible for maintaining the confidentiality
of passwords associated with any account you use to access the Service. You may
not use anyone else's account at any time, without the permission of the account
5.2 Accordingly, you agree that you will be solely responsible to Mobitel for all
activities that occur under your account. Mobitel will not be liable for any loss
that you may incur as a result of someone else using your password or account, either
with or without your knowledge.
5.3 If you become aware of any unauthorized use of your password or of your account,
you agree to notify Mobitel immediately at this link
6. Privacy and Your Personal Information
6.1 For information about Mobitel’s data protection practices, please read Mobitel’s
. This policy explains how Mobitel treats
your personal information, and protects your privacy, when you use the Service.
6.2 You agree to the use of your data in accordance with Mobitel’s privacy policies.
7. Use of Information
7.1 Mobitel may use the information collected for the following purposes. Tailoring
the Site to user needs and improving the service; generating data and reports about
usage and its content; supporting the functioning and security of the Site and the
network and systems; protecting Mobitel’s rights, property, or safety or those of
others; and research.
7.2 Mobitel may contract with third parties to perform functions and provide services,
including, without limitation, hosting and maintenance of the Site. Mobitel may
provide collected information to the relevant third parties for those purposes.
Mobitel may also provide your information to third parties in circumstances where
Mobitel believe that doing so is necessary or appropriate to satisfy any applicable
law, regulation, legal process or governmental request; investigate compliance with
or enforce the Terms of Mobitel; detect, prevent or otherwise address fraud, security
or technical issues; or protect the rights, property or safety of Mobitel, users
of the service or others. The information referred to in this section may include
personally identifiable information. In addition, Mobitel may share with third parties
information about the use of the Site and its content that is aggregated or anonymized
so that it does not identify any individual user.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other images)
which you may have access to as part of, or through your use of, the Services are
the sole responsibility of the person from
which such content
. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Service may
be protected by intellectual property rights which are owned by the content providers
who provide that Content to Mobitel. You may not modify, rent, lease, loan, sell,
distribute or create derivative works based on this Content (either in whole or
in part) unless you have been specifically told that you may do so by the owners
of that Content, in a separate agreement.
8.3 You agree that you are solely responsible for (and that Mobitel has no responsibility
to you or to any third party for) any Content that you create, transmit or display
while using the Service and for the consequences of your actions (including any
loss or damage which Mobitel may suffer) by doing so.
9. Proprietary Rights
9.1 You acknowledge and agree that Mobitel own all legal right, title and interest
in and to the Service, including any intellectual property rights which subsist
in the Service (whether those rights happen to be registered or not, and wherever
in the world those rights may exist). You further acknowledge that the Service may
contain information which is designated confidential by
and that you shall not disclose such information without
’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Mobitel, nothing in the Terms
gives you a right to use any of Mobitel’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features.
9.3 You agree that you shall not remove, obscure, or alter any proprietary rights
notices (including copyright and trade mark notices) which may be affixed to or
contained within the Service.
9.4 Unless you have been expressly authorized to do so in writing by Mobitel, you
agree that in using the Service, you will not use any trade mark, service mark,
trade name, logo of any company or organization in a way that is likely or intended
to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Mobitel
10.1 Mobitel gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software provided to you by Mobitel as part of the Services as
provided to you by Mobitel (referred to as the “Software” below). This license is
for the sole purpose of enabling you to use and enjoy the benefit of the Services
as provided by Mobitel, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a
derivative work of, reverse engineer, decompile or otherwise attempt to extract
the source code of the Software or any part thereof, unless this is expressly permitted
or required by law, or unless you have been specifically told that you may do so
by Mobitel, in writing.
10.3 Unless Mobitel has given you specific written permission to do so, you may
not assign (or grant a sub-license of) your rights to use the Software, grant a
security interest in or over your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
11. Software Updates
11.1 The Software which you use may automatically download and install updates from
time to time from Mobitel. These updates are designed to improve, enhance and further
develop the Service and may take the form of bug fixes, enhanced functions, new
software modules and completely new versions. You agree to receive such updates
(and permit Mobitel to deliver these to you) as part of your use of the Service.
12. Warranty Disclaimer
12.1 Mobitel and/or the content suppliers make no representations about the suitability
of the information contained in the documents and related graphics published as
part of the services for any purpose. All such documents and related graphics are
provided "as is" without warranty of any kind. Mobitel and/or the content suppliers
hereby disclaim all warranties and conditions with regard to this information, including
all warranties and conditions of merchantability, whether express, implied or statutory,
fitness for a particular purpose, title and non-infringement. In no event shall
Mobitel and/or the content suppliers be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use, data or profits, whether
in an action of contract, negligence or other tortuous action, arising out of or
in connection with the use or performance of information available from the services.
12.2 The documents and related graphics published on the services could include
technical inaccuracies or typographical errors. Changes are periodically added to
the information herein. Mobitel and/or the content suppliers may make improvements
and/or changes in the product(s) and/or the program(s) described herein at any time.
13. Limitation of Liability
13.1 You expressly understand and agree that Mobitel, its subsidiaries and affiliates,
and its licensors shall not be liable to you for:
(a) Any direct, indirect, incidental, special consequential or exemplary damages
which may be incurred by you, however caused and under any theory of liability.
This shall include, but not be limited to, any loss of profit (whether incurred
directly or indirectly), any loss of goodwill or business reputation, any loss of
data suffered, cost of procurement of substitute goods or services, or other intangible
(b) Any loss or damage which may be incurred by you, including but not limited to
loss or damage as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence
of any advertising, or as a result of any relationship or transaction between you
and any advertiser or sponsor whose advertising appears on the services;
(ii) Any changes which may make to the services, or for any permanent or temporary
cessation in the provision of the services (or any features within the services);
(iii) The deletion of, corruption of, or failure to store, any content and
other communications data maintained or transmitted by or through your use of the
(iii) Your failure to provide with accurate account information;
(iv) Your failure to keep your password or account details secure and confidential;
13.2 the limitations on ’s liability to you in paragraph 15.1 above shall apply
whether or not has been advised of or should have been aware of the possibility
of any such losses arising.
14. Other Content
14.1 The Service may include hyperlinks to other web sites or content or resources.
Mobitel may have no control over any web sites or resources which are provided by
companies or persons other than Mobitel.
14.2 You acknowledge and agree that Mobitel is not responsible for the availability
of any such external sites or resources, and does not endorse any advertising, products
or other materials on or available from such web sites or resources.
14.3 You acknowledge and agree that Mobitel is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or available
from, such web sites or resources.
15. Changes to the Terms
15.1 Mobitel may make changes to the Terms from time to time. When these changes
are made, Mobitel will make a new copy of the Terms available at www.mobitel.lk
15.2 You understand and agree that if you use the Service after the date on which
the Terms have changed, Mobitel will treat your use as acceptance of the updated