Dialog Television (Private) Limited (PV 128), having its registered office at No.475, Union Place, Colombo 02 ('DTPL') is a company with license to operate a television broadcasting station providing services under the brand name of 'Dialog TV' and is also engaged in the business of offering television advertising solutions through its Adhub Platform ('Adhub Site / Platform') to registered merchants (each a 'Merchant' and may also be referred to as 'you' / 'your' in these Terms). This Agreement ('Agreement') shall be effective upon acceptance of the terms and conditions ('Terms') by the Merchant and shall remain in force until termination of same by DTPL or as terminated pursuant to the termination provisions hereto.
The Merchant agrees that any and all persons accessing, registering, using the Adhub Site under the Merchant's account shall for all purposes hereinafter be deemed duly appointed representatives of the Merchant and the Merchant shall be solely liable for any and all action effected by such third party.
The Merchant agrees to abide by the Terms and understand that the provision of the Services of the Adhub Site are subject to the laws / rules and regulations of Sri Lanka and/or any other regulatory or governmental authority of Sri Lanka.
The Merchant further agrees that by accessing, registering, using or causing its duly appointed representatives to access, register or use the Adhub Site offered by DTPL, the Merchant confirms that the Merchant has read and understood and thereby agrees to be bound by the Terms. As a user availing the Services provided through the Adhub Site the Merchant agrees to be bound by the Terms each time the Merchant or its representative/s accesses the Adhub Site hereinafter.
'Account' means and contains the details of the Merchant registered with DTPL in relation to the Adhub Site;
'Adspot' means a television spot on any selected Channel on which an Advertisement cleared for airing by DTPL shall be aired;
'Advertisement' means the advertisement content uploaded to the Adhub Site by the Merchant in order to promote goods or services of the Merchant and which advertisement content shall be aired on the respective Ad Spot/s in the Channel subject to the provisions of this Agreement;
'Advertising Costs' mean the rates and charges payable by the Merchant in connection with the usage of the Adhub Site;
'Adhub Site / Platform' means DTPL's "Adhub" platform which is a comprehensive online advertising portal offering television advertising services to Merchants who shall purchase such advertising packages from DTPL. The platform shall enable such Merchants to carry out their advertising activities in order to promote their goods and services. The platform shall enable the direct scheduling of Advertisements approved by DTPL on the website WWW.Adhub.lk and shall enable Merchants visibility on the scheduling of Advertisements and the progress of its airing;
"Channel" means any channel broadcasted on DTPL's "Dialog TV";
'Content' means all data, information and material, including but not limited to text, pictures, photographs, software, video, music, sound and graphics contained in the Advertisement/s;
'Merchant' means an individual over 18 years of age or a company/ sole proprietorship / partnership whose application to register with the Adhub Site has been accepted by DTPL;
'Parties' mean DTPL and the Merchant, and 'Party' means either of them;
"Services" shall mean the advertising services enabled to the Merchant by DTPL via its advertising solution the Adhub Site by enabling Merchants to schedule, buy and review television advertising solutions / packages to be aired on Ad Spots;
a) if authorized by or under law ; or
b) if providing access would be likely to prejudice an investigation of possible unlawful activity ; or
c) if providing access would be likely to prejudice :
i. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law; or
ii. the enforcement of laws relating to terrorism or crime;or
iii. the protection of the public; or
iv. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
v. the preparation for, or conduct of, proceedings before any Court or Tribunal, or implementation of its orders by or on behalf of an enforcement body;
d) if an enforcement body performing a lawful security function requests DTPL not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Sri Lanka.
a) keep all access information secure and not let it become public knowledge and ensure that such access information will not be stored anywhere on a computer or mobile phone in plain text;
b) provide true, accurate, current and complete information in all fields indicated as compulsory and submit accurate and legitimate supporting documents to DTPL when registering on the Site and/or the Services and notify DTPL immediately of any changes or mistakes;
c) the Merchant agrees that if access information becomes known to any other unauthorised user the Merchant must inform DTPL of same immediately and take subsequent measures to change the access codes. The Merchant agrees that DTPL shall not be liable for any loss or damage suffered by the Merchant or any third party as a result of such unauthorized use.
1.1 directly or indirectly contain information, views, stimulations and/ or images of politics, matrimonial agencies, clubs, unlicensed employment services bureaus, betting tips, betting, tobacco, alcohol, religion, medicine (unless necessary approvals are obtained), obscenity and/or any other illegal/ antisocial subject matter;
1.2 infringe the intellectual property rights of any third party;
1.3 contain personal testimonial with specific reference to the character of a person;
1.4 contain anything which clearly offends against generally prevailing community standards relating to decency;
1.5 libel, defame, cause injury to, invade the privacy of or otherwise infringe or violate the rights of any subscriber or third party;
1.6 contain false or unwarranted claims for any products or services or any defamatory statements;
1.7 include any statement, picture, audio or video that promotes the services of DTPL's competitors.
(a) Detrimental to the interests of national security;
(b) Inciting in nature and would lead to the breakdown of public order;
(c) Inciting in nature and would lead to Ethnic and/or Religious hatred;
(d) In violation of any law of the country;
(e) Morally offensive and/or indecent;
(f) Detrimental to the interests of national economy;
(g) Detrimental to the interests of public health;
(h) Detrimental to the rights and privileges of children and women;
(i) In violation of the Code of Ethics, standards and general practices of television broadcasting
(j) Detrimental to the cultural values, Sri Lankan identity and ethnic harmony.
(a) You delay in submitting the Advertisement / Content within the timelines stipulated by DTPL;
(b) You delay in re-submitting the Advertisement / Content previously rejected by DTPL owing to quality concerns / content concerns;
(c ) You delay in submitting to DTPL confirmation , feedback and / supporting documentation required by DTPL for the completion of the registration process ;
(d) any Advertisement / Content is delayed in processing and / or airing within the stipulated time frame for any reason whatso ever;
(e) the airing of any Advertisement / Content is cancelled or kept on hold due to a customer complaint or any other reason as decided by DTPL.
(i) relating to any Advertisement Content provided, including any violation or infringement of any third-party Intellectual Property Rights, claims of defamation, invasion of privacy, right to publicity or unfair competition; or
(ii) any allegation that any injury or damage to any subscriber of the Channel was caused by the Advertisement Content or in reliance of the Advertisement, or where damage is related to the use of the product or services promoted through or referred to in the Advertisement Content; or
(iii) any claims regarding quality, quantity and any claim in relation to any product or services promoted or marketed referred to in the Advertisement;
(iv) relating to the breach of any of these Terms by the Merchant including any breach of warranties, representations or undertakings or in relation to the non-fulfillment of any of the Merchant's obligations or arising out of the Merchant infringing any applicable Laws.