The General Terms and Conditions (“Terms and Conditions”) set forth below shall govern your use and access of the WOW Super Application, a digital lifestyle application along with its related services and tools (the “App”) presented by Dialog Axiata PLC (“Dialog”, “we”, “us”) and the services offered via the App (“Services”) and your relationship with Dialog Axiata PLC (Company No: PQ 38), a company incorporated under the Companies Act No 07 of 2007 as amended and having its registered office at No. 475, Union Place, Colombo 2, Sri Lanka, as a registered user.
Please read and understand these Terms and Conditions as they apply to your access and use of the App.
By using the App, you indicate that you have read, understood, and accepted these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use the App, register on the App, or use the Services. If you have any questions on these Terms and Conditions, please send us an e-mail at hello@localhost
- USE OF THE APP
- The App is provided to you for your use subject to these Terms and Conditions. By using the App, you agree to be bound by these Terms and Conditions. You are also responsible for ensuring that all persons who access the App through your internet connection, device or account are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
- The App offers various Services to you. Apart from these Terms and Conditions, you shall also be bound by the specific Terms and Conditions related to the Services you avail on the App. In the event you do not agree to the specific Terms and Conditions related to the Services you avail on the App, you shall not be able to use the said Services.
- We reserve the right at all times, at our discretion, to suspend, remove or terminate you as a user of the App, and to reclaim your account without any liability to us. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, money laundering, illegal activities, security or technical issues, (iv) respond to user support requests, and/or (v) protect the rights, property or safety of Dialog, its users and the public.
- We do not guarantee that the App will be compatible with all hardware and software which you may use. We will not be liable for damage to, or viruses or other codes that may affect, any computer or mobile equipment, software, data or other property as a result of your access to or use of the App.
- Any applicable rates and charges pertaining to the App and its Services may be varied by Dialog from time to time. You can obtain the current rate of fees and charges on the App at any time.
- You agree, understand, and acknowledge that the App is an online platform that enables you to, including but not limited to, purchase products listed at the price indicated therein at any time using a payment method permitted by us. You further agree and acknowledge that we only act as a facilitator and cannot be a party to or control in any manner any transactions on the App or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the App or the contract in relation to any Service on the App shall be strictly a contract between you and the sellers or merchants on the App while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the App shall be strictly a contract between you and the service provider as listed on the App.
- We grant you a limited license to access and use the App, but not to download or modify the App or any portion of it in any manner. This license does not include any resale or commercial use of this App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
- This App or any portion of it may not be reproduced, modified, duplicated, copied, sold, resold, distributed or otherwise exploited for any purpose.
- Information that you submit to the App and/or provide to us, including but not limited to, feedback, responses to surveys, questions, reviews, comments, and suggestions (collectively, “Information”) shall become our sole and exclusive property.
- Dialog may modify these Terms and Conditions at any time, without prior notice. Such modification shall be effective immediately upon posting of the modified Terms and Conditions. Your continued access and use of the App and Services thereafter shall constitute your acceptance of the revised Terms and Conditions by you. If you do not wish to accept the revised Terms and Conditions, you should not continue to use the App.
- To register and create an account on the App, you must be over eighteen (18) years of age.
- Any personal data that you may supply on the App in the process of registering and creating an account or obtaining Services will be used by Dialog in accordance with the Privacy Notice. By using the App, you warrant that all information submitted to us, whether via the App or otherwise, is true, accurate, complete and is not misleading by omission or otherwise. In the event of any change to the information provided, you should inform us immediately of this in order for us to communicate with you and for you to continue using the App.
- Your registration is strictly conditioned upon your acceptance and compliance with these Terms and Conditions.
- When you register to use the App, you may be requested to include a One Time Password (OTP). All actions taken from your account shall be deemed to have been authorized by you. If you know or suspect that someone else has gained access to your account, please notify us immediately.
- If Dialog has reason to believe that there is likely to be a breach of security or misuse of the App, we may suspend your account.
- INTELLECTUAL PROPERTY RIGHTS
- All proprietary rights of the App and the content on the App including all user submissions, text documents, scripts, layouts, look and feel, interface, sounds, photos and all trademarks, copyright, database and other intellectual property rights of any nature in the App together with the underlying software codes is protected by copyright, trademarks, database rights and other intellectual property rights, as applicable and is the property of Dialog or is licensed to Dialog. You may not reproduce, store, modify, copy or distribute or use for commercial purposes any of the materials or content on the App.
- You acknowledge that any software and related documentation that may be available to download from the App is the property of Dialog.
- We do not have control over third party content published on the App and cannot guarantee the authenticity of any content which users may provide generally during the course of their use of the App. Therefore, we do not accept liability for any content or material, of whatever nature, that is uploaded to or shared on the App that is not uploaded by us, regardless of its provenance. You acknowledge that all content accessed by you using the App is at your own risk and you will be solely responsible for any danger or loss to any party resulting therefrom.
- PROHIBITED USE
- You may not use the App for inter alia the following purposes:
- any activities that violate these Terms and Conditions, any payment provider’s terms of service, any merchants’/sellers’ terms of service, and/or any other relevant third party’s terms of service, including those of the users;
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- Ttransmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations, or codes of practice;
- for any purpose which is against public interest, public order, and/or relevant laws and regulations;
- interfering with any other user or person’s use or enjoyment of the App;
- access, tamper with, or use non-public areas of the App, Dialog’s computer systems, network, or the technical delivery systems of Dialog’s providers, which includes causing excessive or disproportionate load on the App;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those Terms and Conditions);
- forge any TCP/IP packet header or any part of the header information in any email or posting;
- reverse engineer, translate, adapt, or modify any software used in connection with the App;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material, which is malicious or technologically harmful, overloading, flooding, spamming, mailbombing the App, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the App;
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- post, promote or transmit through the App any prohibited materials as deemed illegal.
- In the event of engaging in any of the above in Clause 7.1, we reserve the right, at all times, to remove you from the App, to suspend or terminate your account, and to void any existing credit without any liability to us.
- Reselling products obtained from the App for business purposes is strictly prohibited. If any unauthorized personnel are found committing the aforementioned act, legal action may be taken against him/her.
- You will be responsible for our losses and costs resulting from your breach of this Clause 7 and agree to indemnify and render us harmless in this regard.
- AVAILABILITY OF THE APP
- Whilst we will use commercially reasonable efforts to make the App available to you without any interruption, we do not guarantee that the App will be fault-free or error free. If a fault or error occurs with the App, you should report it to hello@localhost and we will attempt to correct the fault or error as soon as we reasonably can.
- The App and related Services are provided on an ‘as is’ and ‘as available basis’. You agree that your use of the App and related Services are at your sole risk
- We do not guarantee that the App will be available at all times or uninterrupted. As such, we will not be liable to you for damages if for any reason the App is unavailable at any time or for any period.
- DIALOG’S RIGHT TO SUSPEND OR CANCEL YOUR ACCOUNT
- We may suspend or cancel your account immediately at our sole discretion, or if you breach any of your obligations under these Terms and Conditions. We will take reasonable efforts to notify you at the email address provided by you of such suspension or cancellation, or we will notify you at your next attempt to access your account. All unused credits shall be voided with immediate effect from the point of cancellation.
- The suspension or cancellation of your account and your right to use the App shall not affect Dialog’s statutory rights nor shall it be deemed or construed as a waiver of our rights to take any action against you for any loss or damages suffered by us as a result of your breach of these Terms and Conditions.
- THIRD PARTY LINKS
- The App may contain external third-party mini applications and shall include links to other websites or material which are beyond Dialog’s control. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. If you choose to utilize such websites and or material, you shall be bound by terms and conditions attached to such websites and material. Dialog is not responsible for the quality, accuracy or availability of any content on any third-party website or links that are outside of the App, whether or not such websites belong to, or are hosted by, a user of the App.
- Links to such third-party websites and services do not c onstitute an endorsement by us of such websites or services, or the information, products, advertising or other materials made available by such third parties. In addition, Dialog is not liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products or services available on or through such linked websites.
- You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), which may be suffered or incurred by us as a result of or in connection with or arising out of information you submit, post, transmit or make available through the App, from your breach of any of these Terms and Conditions, your use of the App and/or in connection with any related matter thereof.
- ADVERTISING AND SPONSORSHIP
- A section of the App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App complies with applicable laws, regulations, directions and/or codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.You are encouraged to read and familiarize yourself with the terms and conditions showcased for each campaign before making a purchase or decision to engage. The decision you make to purchase and/or engage is your own responsibility and accordingly we will not be responsible for any activity / engagement done by you.
In the event promotions/offers are offered alongside third parties, by way of an example only, offers/promotions offered by banks, you shall be governed by the terms and conditions pertaining to the said promotions/offers of third parties and the terms and conditions of the App.
- DISCLAIMER OF WARRANTIES
- All content, including software, products, services, information, text and related graphics contained within or available through the App are provided to you on an “as is,” “as available” basis. Dialog makes no representations or warranties of any kind, either express or implied, as to the operation of this App or the information, content or materials included on this App. To the fullest extent permissible pursuant to applicable law, Dialog disclaims all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Dialog does not warrant or make any representations that the App will operate error-free or uninterrupted, that defects will be corrected, or that the App and/or its Services will be free of viruses and/or other harmful components. Dialog does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the App for any purpose, including software, products, services, information, text and related graphics content.We shall neither be liable or responsible for any actions or inactions of any service provider or merchant listed on the App.
- LIMITATION OF LIABILITY
- TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIALOG INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS, AGENTS OR OTHERS INVOLVED IN MAKING AVAILABLE THE APP AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE APP; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL DATA OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY SERVICE PROVIDERS, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE APP OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE SERVICE AS MADE AVAILABLE ON THE APP), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE APP; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE APP; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR DEVICES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE APP OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE APP, ANY USE, DELAY OR INABILITY TO USE THE APP, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE APP; OR (IX) ANY OTHER DAMAGES ATTRIBUTABLE TO DIALOG (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR SUBSIDIARIES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- Dialog holds no liability for any activity that is performed by you via the App and by using the Services that are made available to you.. This shall include any activity performed by you in managing your account / this App and obtaining Services.
- If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
- You agree that you use the App and the Services available on the App at your own risk. We do not assume any advisory, fiduciary or similar duties or act as an investment adviser or any type of adviser to you. You agree that you have taken, or will take, the necessary independent legal, professional, tax, financial or other advice before you use the Services on the App or contract with another user on the App.
- ELECTRONIC COMMUNICATION
- We will communicate with you electronically to engage with you about the services offered through the App and communicate with you for any other matter connected with your use of the App and the Services.
- You may write to us at the following address for any communication or complaint to us at:
- APPLICABLE LAW
- The App and the Terms and Conditions herein contained shall be governed and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.
- If any dispute remains unresolved, the parties irrevocably submit to the exclusive jurisdiction of the Courts of the Democratic Socialist Republic of Sri Lanka to settle any disputes which may arise out of or in connection with these Terms and Conditions.
- You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business or legal entity.
- If you breach these Terms and Conditions, no failure or delay by Dialog to exercise any right or remedy provided under these Terms and Conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- PRIVACY NOTICE
- Dialog shall process personal data in accordance with Dialog’s Privacy Notice located at https://www.dialog.lk/privacy-notice
- By agreeing to these Terms and Conditions, you hereby agree to Dialog processing personal data and acknowledge to have read and accepted Dialog’s Privacy Notice.
- The English Terms and Conditions shall prevail over the Sinhala and Tamil translations (if any).