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Mobitel Web Chat Service Terms and Conditions
1. General
1.1 These Terms and Conditions shall apply to your use of the web chat service operated by Mobitel. This web chat service enables Mobitel and Non Mobitel Customers ("User") to interact with a Customer Support Agent of Mobitel on a live chat platform to obtain details relating to Mobitel Packages and Services. ("Web Chat Service")
1.2 The Web Chat Service is currently available only in English Language.
1.3 Chat transcript will be emailed to the User at the end of every chat session.
1.4 If a User idles for more than 10 minutes, the chat session will be terminated automatically.
1.5 Mobitel Customers have the option of accessing and/or using the Web Chat Service either through their respective MyAccounts or by registering for a Guest Account. Non Mobitel Customers can access and/or use the Web Chat Service only by registering for a Guest Account.
1.6 If You are a Mobitel Customer and wish to inquire information relating to your Mobitel Connection, you should log on to the Web Chat Service using your MyAccount to obtain details specific to your Mobitel Connection. Details relating to Mobitel connections held with third parties will not be disclosed or made available to Mobitel Customers through the Web Chat Service even if access is made through the MyAccount and Mobitel Customers can access only information relating to their respective Mobitel Connections.
1.7 Mobitel /Customer Support Agent shall have the sole discretion and authority to decide which information would be shared with Users and Mobitel/ Customer Support Agent reserves the right to decline your request for certain information.
1.8 By accessing and/or using any part of the Web Chat Service you shall be deemed to have unconditionally accepted the Terms and Conditions herein.
1.9 If you do not accept the Terms and Conditions, you should not access and/or use the Web Chat Service.
1.10 Mobitel may revise the Terms and Conditions at any time by updating its corporate website. You should check the website from time to time to review the Terms and Conditions as any changes made are binding on you.
1.11 All Mobitel Customers accessing the Web Chat Service through a MyAccount shall be bound by these Terms and Conditions in addition to the Terms and Conditions applicable for MyAccount.
2. Registration for the Web Chat Service
2.1 In order to create a Guest Account, you should provide a user name, a valid contact number and an email address.
2.2 Each registration is for a single User only. You must not register multiple accounts for the purpose of abusing the functionality of the Web Chat Service or other users; nor pass yourself off as another user.
2.3 You warrant and represent that all information provided by you for the registration are true and accurate and the same belongs to you.
2.4 You acknowledge that Mobitel may furnish your information to law enforcement authorities as requested in accordance with law without any prior notice or consent from you.
2.5 Mobitel reserves the right to disable, on a temporary or permanent basis, any Guest Account at any time, and for any cause, including, but not limited to, a breach of the Terms and Conditions, without any liability or obligations to you.
2;.6 You are specifically advised that details relating to Mobitel Customer and their connections will not be disclosed to a User of the Guest Account. A Mobitel Customer who wishes to obtain information relating to his/her connection may obtain such information through the Web Chat Service only by logging to the service through his/her MyAccount.
2.7 You agree and accept that, you are fully responsible for all acts and transactions performed using your Guest Account & MyAccount.
3. User Material and Conduct
3.1 Other than personal data, any content you upload and/or post to the Web Chat Service shall be considered non-confidential and non-proprietary. Mobitel shall have no obligations with respect to such uploading and/or postings.
3.2 You are prohibited from uploading and/or posting to, or from, the Web Chat Service any content:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory (eg.racism, ageism, sexism), menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licences and/or approvals;
c) which is marketing material and/or which promotes good and services;
d) which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or is otherwise contrary to the law or infringes the rights of any third party, in any country in the world; and/or
e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You shall not misuse the Web Chat Service including, without limitation, by hacking.
3.4 Mobitel may co-operate with any law enforcement authorities or court order requesting or directing Mobitel to disclose the identity or location of anyone uploading and/or posting content to the Web Chat Service in breach of Clause 3.
3.5 Mobitel may co-operate with any third party who claims that any content uploaded and/or posted by you to the Web Chat Service constitutes a violation of their intellectual property rights, or their right to privacy.
3.6 Mobitel will not be responsible, or liable, to any third party for the content or accuracy of any uploads and/or posts to the Web Chat Service by you or any other User.
3.7 Mobitel reserves the right to remove any and all uploads and/or postings made by you to the Web Chat Service, on a permanent or temporary basis, at any time and for any cause, including but not limited to, a breach of the Terms and Conditions.
4. Intellectual Property
4.1 Your use of the Web Chat Service is for your own personal and non-commercial use only. You acknowledge and agree that, as between us and you, except for User content, Mobitel is the sole owner of all content on the Web Chat Service, including, without limitation, all applicable copyrights, patents, trade marks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Web Chat Service("Mobitel Content").
4.2 You shall not use Mobitel Content for any other purpose without our prior written approval.
4.3 Except as expressly authorized by us, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Web Chat Service or chat transcripts emailed to you.
4.4 Unless otherwise stated, the copyright and other intellectual property rights in the Web Chat Service and Mobitel Content, including without limitation photographs and graphical images are owned by the Mobitel.
4.5 Any use of the Web Chat Service or Mobitel Content other than in accordance with clause 4 for any purpose is prohibited. If you breach any term of the Terms and Conditions, your permission to use Mobitel Content automatically terminates and you must immediately destroy any downloaded and/or printed Content.
4.6 No part of the Web Chat Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Mobitel’s prior written permission.
4.7 Any rights not expressly granted in the Terms and Conditions are reserved.
5. Disclaimers, Indemnity and Liability
5.1 Mobitel does not accept any liability for any loss you may incur because you have used or relied on the information provided via the Web Chat Service.
5.2 Mobitel gives no warranties of any kind concerning the Web Chat Service or Mobitel Content.
5.3 Mobitel does not guarantee that access to the Web Chat Service will be uninterrupted or error-free. Mobitel accepts no responsibility or liability for any interruption or delay.
5.4 You agree to defend, indemnify, and hold harmless Mobitel, its officers, directors, and employees from any and all claims, liabilities, costs, and expenses (including any special losses and loss of profits, revenue) arising out your breach of the Terms and Conditions herein and/or from your actions and omissions.
5.5 Mobitel makes no representation in relation to the Web Chat Service, including, without limitation, in relation to its fitness for any use you wish to, or do, make of it. Accordingly, Mobitel to the fullest extent permissible under law, excludes any and all liability to you and any other party in relation to the Web Chat Service and/or any use you make of it including any claim attributable to errors, omissions or other inaccuracies in the Web Chat Service.
5.6 Notwithstanding anything to the contrary, Mobitel’s total and aggregate liability to you irrespective of the form of the action or theory of recovery (including indemnity) shall be limited to restoring the Services and shall exclude direct, indirect, special damages, loss of revenue and profits.
6. Governing law and jurisdiction
6.1 The Terms and Conditions shall be governed by and construed in accordance with the Sri Lankan law. Disputes arising in connection with the Terms and Conditions shall be subject to the exclusive jurisdiction of the Sri Lankan courts.
