Capitalized terms used herein shall have the following meanings, or the meanings ascribed above, except where the context requires otherwise:
"Access Information" means the access information that we require from you before entering certain parts of the DoPods Service for which you have registered, which may be email and password;
"Content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound, geographical locations and graphics;
"Services" mean the services offered on or via the DoPods Service and has the meaning given to it in Clause 1.1;
"Trade Marks" mean the word or mark "TrailX", and all other marks associated with the DoPods Service, however represented, including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
1.1 The services that we are providing you via the DoPods Service consist of the following functionalities available on the DoPods Service or otherwise provided to you as a result of your use of the DoPods Service from time to time ("Services").
Accordingly, the objective of the DoPods Service is to enable the Customer to access the Services.
2.1 The Customer shall not in any event whatsoever make available the data in the DoPods Service to any third party other than as authorized by TrailX Technologies.
2.2 The usage of the DoPods Service shall only be for the sole and limited purpose set out herein. As such, you acknowledge and agree that you are only permitted to use the DoPods Service and the Services as expressly set out in these Terms or on the DoPods app or website. You further agree that the DoPods Service and the Services are for your own personal use only on authenticated devices using your registered account login.
2.3 The Customer shall take steps against unauthorized or accidental access to the DoPods Service or disclosure of the data in the DoPods app or website, unlawful or unauthorized processing of the data and shall protect the data from any loss, destruction, alterations, modifications or misuse.
2.4 Any request for data in the DoPods Service by any third party other than the owner of such data shall at all times be directed to TrailX Technologies
2.5 Any unauthorized actions by the Customer with regard to the DoPods Service shall be strictly prohibited and the Customer shall at all times be responsible for such unauthorized usage.
2.6 In the event the Customer or its duly appointed representatives utilize the DoPods Service or effects an unauthorized function, TrailX Technologies may terminate the Customer's access to the DoPods Service and / or block the Customer's future access and / or seek such additional relief based on the gravity of such unauthorized usage.
2.7 The Customer shall be solely responsible:
2.8 The Customer agrees to ensure that the Customer shall not under any circumstances whatsoever access data of any other subscriber.
2.9 You may not:
2.10 You agree to be held responsible for ensuring that you are viewing the most recent version of the web-page / content / app (as applicable). You may establish a link or "deep link" to the site / application from your site, provided that you have obtained TrailX Technologies's prior written consent and that at TrailX Technologies's sole discretion, the context is relevant and the link or its description is not detrimental to TrailX Technologies.
2.11 Users that are not subscribers to the TrailX Technologies Network acknowledge that access to the DoPods app/website and/or the Services may be restricted at the sole discretion of TrailX Technologies in the interest of fully subscribed customers of the TrailX Technologies Network.
2.12 Some areas of the sites or services may not be accessible for you even if you are a subscribed customer of TrailX Technologies's Mobile Telephony Network, depending on the subscribed services and credit limits.
2.13 You agree to fulfill the following obligations:
2.14 You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, TrailX Technologies has the right to terminate your account and refuse any and all current or future use of the Services or access to the DoPods app/website.
3.1 TrailX Technologies shall have the right at all times:
3.2 TrailX Technologies shall have the right not to grant access to the Customer in the following events:
3.3 TrailX Technologies shall provide reasons for denial of access or refusal to divulge such information to the Customer.
3.4 TrailX Technologies reserves the right to charge for access to part or all of the DoPods app/website and/or Services, subject to giving you clear notice on same.
4.1 The DoPods Service is owned, operated and monitored by TrailX Technologies. Unless otherwise specified, all data relating to the DoPods Service including but not limited to text, logos, proprietary marks, Trade Marks, icons and images as well as the selection, assembly and arrangement thereof shall be the sole property of TrailX Technologies. Permission to reprint or electronically reproduce any material related to the DoPods Service in whole or in part, is expressly prohibited, unless prior written consent for same is obtained from TrailX Technologies. Any unauthorized use of the DoPods Service or the material and / or information appearing on the DoPods app/website, may violate copyright, trademark or other applicable laws and could result in civil or criminal penalties. Nothing on the DoPods app/website and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of TrailX Technologies, any member of the TrailX Technologies partnerships or any third party, whether by estoppel, implication or otherwise.
4.2 You hereby grant to TrailX Technologies a perpetual, irrevocable, royalty-free, world-wide license to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email, post or otherwise on the DoPods app/website and/or the Services (if any) as TrailX Technologies sees fit and without notice to you, unless you have indicated otherwise in such communication.
5.1 The Customer agrees:
5.1.1 that all data relating to the DoPods Service shall be strictly treated as confidential information and shall be and shall remain the exclusive property of TrailX Technologies.
5.2 not take any copies or make any summaries or transcripts of the whole or any part of the confidential information save as is strictly approved by TrailX Technologies.
6.1 Following registration you may be issued with Access Information that may be used to access the DoPods app/website and/or the Services and any pages for which registration is required. TrailX Technologies reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
6.2 Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring no unauthorized access to the DoPods Service and the Services are obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorized or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
6.3 You as the registered user of the account will:
6.4 You agree to check your subscription history carefully and inform us immediately of any discrepancy.
7.1 The Service/ information / materials provided by TrailX Technologies is provided ‘AS IS' and to the extent permitted by law TrailX Technologies expressly disclaims making any express or implied warranties with respect to the fitness of the information / Services provided for any particular purpose.
7.2 It is your sole responsibility to satisfy yourself prior to using the DoPods Service in any way that they are suitable for your purposes and up to date. The Services and in particular, charges are periodically updated and you should check the DoPods app/website regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the DoPods app/website to ensure that you download the most up to date version of the DoPods Service.
7.3 You acknowledge that TrailX Technologies is unable to exercise control over the security or subject matter of Content passing over the TrailX Technologies Network and the DoPods app/website and TrailX Technologies hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
7.4 TrailX Technologies assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the DoPods app/website and the Services or which may be linked to and from the DoPods app/website.
7.5 TrailX Technologies 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, use which you make of the DoPods app/website and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions. Notwithstanding the foregoing, TrailX Technologies reserves the right to edit, bar or remove any Services and/or Content, at any time as TrailX Technologies in its sole discretion considers necessary.
7.6 TrailX Technologies 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 or failure of any email due to technical problems or traffic congestion on the internet or on the Service or combination thereof, including any injury or damage to users or to any person's mobile phone, mobile device or computer related to or resulting from participation or downloading materials in connection with the Service.
8.1 The Customer agrees that TrailX Technologies retains the right to terminate the Customer's access to the DoPods Service at any given time for any reason whatsoever with notice thereto.
9.1 By accessing the DoPods Service and using the Services, the Customer agrees that in no event will TrailX Technologies be liable to the Customer or any third party for any decisions made, Services effected by the Customer or any third party. The Customer further agrees to hold TrailX Technologies and its agents and representatives harmless against any liability for any loss, claim or damage arising from the Customer's use of the DoPods Service or due to any breach of the Terms hereto including but not limited to any direct, indirect, incidental, punitive or consequential damages.
10.1 By accessing the DoPods Service, the Customer agrees that TrailX Technologies is not and may not be held liable for any direct, indirect, incidental, punitive, special or consequential damages arising out of or relating to the use of or inability to use the DoPods Service, even if TrailX Technologies has been advised of the possibility of such damages.
10.2 All conditions or warranties which may be implied or incorporated into these Terms by law or otherwise are hereby expressly excluded to the extent permitted by law.
10.3 Your only remedy under these Terms is to discontinue using the DoPods app/website and the Services.
10.4 TrailX Technologies 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 may be downloaded without your knowledge, which may give unauthorized persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorized, possibly without your knowledge.
11.1 The Customer shall indemnify and keep TrailX Technologies fully indemnified from and against all actions, claims, demands, cost, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by TrailX Technologies resulting (directly or indirectly) from any breach or non-performance of conditions contained in these Terms on the Customer or arising directly or indirectly out of any negligent act or omission, willful default or breach of statutory duty on the part of the Customer, including but not limited to the breach of TrailX Technologies and third party Intellectual Property rights and unauthorized disclosure of passwords/ access to the DoPods Service.
12.1 The DoPods Service and the Terms hereto shall be governed and construed in accordance with the laws of Sri Lanka.
13.1 TrailX Technologies reserves the right to effect any amendments / modifications to the DoPods Service and to the Terms at any time. By continuing to use the DoPods app/website you will be deemed to have accepted the varied Terms. If any of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then the relevant provision shall be deemed severable from these Terms and the severability of such provision shall not affect the validity and enforceability of any remaining provisions.
13.2 TrailX Technologies reserves the right to modify the DoPods Service and/or the Services or suspend or terminate the DoPods app/website or the Services or access to part or all of them at any time.
14.1 Monitoring or recording of your communications may take place when required in accordance with the law, and in particular for TrailX Technologies's business purposes, such as for quality control and training, to prevent unauthorized use of TrailX Technologies's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
15.1 You request and authorize us to rely and act upon all apparently valid communications as instructions properly authorized by you, even if they may conflict with any other instructions given at any time concerning bill or service requirements.
15.2 An instruction will only be accepted by us if you have passed through certain security criteria.
15.3 You agree that we can act on any instructions given to us even if these instructions were not authorized by you.
15.4 We will make reasonable efforts to process any instruction where you request us to do so but we shall not be liable for any failure to comply with such a request unless it is due to TrailX Technologies's failure to make reasonable efforts to do so.
15.5 You must make sure that any instruction is accurate and complete and we are not liable if this is not the case.
15.6 A transaction being carried out is not always simultaneous with an instruction being given. Some matters may take time to process and certain instructions may only be processed during normal working hours even though the service may be accessible outside such hours.
16.1 Profligate use of the TrailX Technologies GPRS/Data Network is prohibited. TrailX Technologies considers that any application which transmits live video, live audio or makes similar excessive traffic demands across the TrailX Technologies Network by whatever means, unless provided by TrailX Technologies, constitutes making profligate use of the TrailX Technologies Network. Use of IP Multicast, other than by means provided and coordinated by TrailX Technologies is also prohibited.
17.1 TrailX Technologies may elect to suspend, vary or terminate the Services and the DoPods Service at any time without prior notice for repair or maintenance work or in order to upgrade or update the DoPods app/website and the Services or for any other reason whatsoever.
17.2 TrailX Technologies may elect to terminate the Services or your access to the DoPods app/website forthwith on breach of any of these Terms by you, including, without limitation, delayed or non-payment of sums due to TrailX Technologies or if TrailX Technologies ceases to offer the DoPods Service to its customers for any reason whatsoever.
19.1 TrailX Technologies's failure to exercise any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TrailX Technologies in writing.
20.1 You acknowledge and agree that in entering into these Terms 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 or not) other than as expressly set out in these Terms as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
21.1 You in entering into these Terms undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by TrailX Technologies forthwith. TrailX Technologies may assign these Terms in whole or in part to any third party at its discretion.
22.1 Except in the case of any permitted assignment of this Agreement under Clause 20, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained herein.
23.1 TrailX Technologies shall not be liable in respect of any breach of these Terms 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 TrailX Technologies is not responsible.