GENERAL TERMS AND CONDITIONS

These General Terms of Service constitute the agreement ("Agreement") between Lanka Online (Service) and the user ("you," "user" or "Customer"). This Agreement governs both the Service and any devices (customer premises equipment), such as an IP USB phone, Telephone Terminal Adapter, or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. If you have purchased Equipment from any Lanka Online retail dealer, you will be deemed a "Retail Customer" and will be governed by certain Retail Customer terms and conditions as set forth herein. There are specific terms and conditions for Business Services which are in Lanka Online's Enhanced Service Agreement.

EMERGENCY SERVICES - 000 DIALING

Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Lanka Online

You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may not be provided by Lanka Online) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Lanka Online terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or ISP outages will also prevent dialling to emergency service numbers including the emergency 000 calling feature. Should Lanka Online suspend or terminate your Service, the Service will not function until such time as Lanka Online restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

Broadband Service/ISP Outage or Termination/Suspension by Lanka Online

You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by Lanka Online will prevent ALL Service including 000 dialling.

Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 000 dialling.

Other Service Outages

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 000 dialling. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

Limitation of Liability and Indemnification

You acknowledge and understand that Lanka Online's liability is limited for any Service outage and/or inability to dial 000 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Lanka Online, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 000 dialling and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 000 or to access emergency service personnel.

FAIR USE POLICY

It is important to Lanka Online that all eligible Lanka Online customers are able to access our services. For this reason, and to ensure the provision of quality and reliability of our services, a Fair Use Policy applies to all our services and plans. We reserve the right to vary the terms of this Fair Use Policy from time to time.

CALL DURATION

Lanka Online considers the duration of any calls, regardless of whether it is timed or untimed in any Lanka Online service plans, in excess of 2 hours in one session to be excessive use. Such calls shall be automatically terminated by the Lanka Online system without any further notice or warning. 

OUTGOING TELEPHONE NUMBERS

You acknowledge and understand that Lanka Online customers can make outgoing calls to most Public Switched Telephone numbers with the exception of some special service numbers including Directory Assistance, time, 1900 and others. Lanka Online is not liable for any claims, losses, damages, costs and expenses as a result of you not being able to call these special service numbers.

DIRECT-IN-DIAL (DID) NUMBERS

Lanka Online may provide you with DID numbers. The DID numbers are a public resource in Australia and are leased with a fee by service providers from the Australian government. If you are provided with DID numbers, you acknowledge that you do not own the numbers and are willing to pay a fee for the use of the numbers while you have a service with Lanka Online. You will return the numbers to Lanka Online if you have ceased to be a customer unless porting arrangements have been made.

Lanka Online SERVICE

Terms

Lanka Online services are offered on a pre-paid and post paid basis for residential and business customers respectively. The prepaid services require the monthly fee, if applicable, and call charges to be paid in advance every month. The fee begins on the date that Lanka Online activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action by you unless you give Lanka Online written notice of non-renewal at least (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate the Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement. Lanka Online reserves the absolute right to provide the service to any customers at its sole discretion and is not obliged to disclose the reason of refusal. 

Lawful Use of Service and Device

You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Lanka Online's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Lanka Online reserves the right to terminate your service immediately and without advance notice if Lanka Online, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at Lanka Online's discretion be immediately charged to your credit card.

Copyright/Trademark/Unauthorized Usage of Device, Firmware or Software

The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Lanka Online website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Lanka Online & Lanka Online are and shall remain the exclusive property of Lanka Online and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

Tampering with the Device or Service

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Lanka Online in each instance which Lanka Online may deny in its sole discretion. Lanka Online reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

Theft of Service

It is your responsibility to take the necessary precautionary measures to ensure your computer and other associated system is secured. If your Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used, you agree to notify Lanka Online immediately, in writing or by calling the Lanka Online customer support line. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Lanka Online receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and all stolen Service or fraudulent use of the Service.

Termination/Discontinuation of Service 

Lanka Online reserves the right to discontinue providing the Service generally, or to terminate your Service, at any time at its sole discretion. You will be responsible for the full month's charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable.

ISN

ISN is used by Lanka Online for its internal working system and remains the property of Lanka Online. The use and (re-)allocation of ISN for whatever purposes is at the sole discretion of Lanka Online.

Support

Lanka Online provides support only to customers who use the service in Australia. No support is provided to overseas customers who use the adaptor and service outside of Australia.

White Pages

Lanka Online charges $30 one-off processing fee per entry of DID numbers into White Pages. Customers deal separately with Sensis in listing the numbers in White Pages. 

BILLING & CHARGES

Billing

You must give us a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by Lanka Online's) when the Service is activated. Lanka Online reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Lanka Online at once. We will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.

BPay

Payment by BPay typically takes 3 business days to appear in your Lanka Online account. Your service will be turned on only after we receive confirmation from BPay of your payment. For more information about BPay, consult your financial institution.

Credit Card Payment

i) If you use your credit card for automatic monthly payment, you may be subject to a pre-authorized amount of $10 at the beginning of you ordering the service. This amount is not a charge to your credit card and will be returned to you after 7 days. During this period, your available credit card limit will be less of this amount, and

ii) Your initial use of the Service authorizes Lanka Online to charge the credit card account number including any changed information given to Lanka Online if the card expires or is replaced, or if you substitute a different card for Lanka Online charges. This authorization will remain valid until 30 days after Lanka Online receives your written notice terminating Lanka Online's authority to charge your credit card, whereupon Lanka Online will charge you any other outstanding charges and terminate the Service. Lanka Online may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Lanka Online is declined or reversed, your credit card expires and you have not provided Lanka Online with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to Lanka Online for all charges before termination.

Invoice

i) An invoice is sent to the customer's nominated email address one calendar month after joining the Lanka Online service and will be sent thereafter every month. Customers may view call charge records and other relevant information on-line at any time via individualised password protected web portal.

ii) Lanka Online only provides invoices in electronic format for all service types to an email address nominated by the customer and does not provide paper invoices. It is the responsibility of the customers to provide Lanka Online with the correct email address and advise Lanka Online of any change.

Service Account Change

An account handling fee of $20 shall be charged if a subscription account is to be subtracted (ie removed) from an existing Lanka Online account and is to be placed in a separate account.

An account handling fee of $10 shall be charged if you request to have your account re-opened and re-activated with a Lanka Online locked adaptor device after the said account had previously been closed.

Re-activation

Lanka Online reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee of $10 plus the normal monthly fee if the period of suspension is less than 14 days.

Customer Equipment within 14 day of purchase 

Lanka Online will replace or refund the purchase of the customer premises equipment within 14 days of purchase provided:

§ that the equipment has been purchased directly from Lanka Online,

§ that the equipment has not been damaged or tampered with in any form

The equipment, together with the receipt or proof of purchase, shall be returned to the Lanka Online office to claim replacement or refund.

i) For replacement, the customer shall return the equipment to Lanka Online and pay for the freight. Lanka Online will credit $10 call credit to the customer's account as a means of compensation. The replacement of the equipment must be of the same type and model.

ii) For refund, the customer shall return the equipment to Lanka Online and pay $10 handling fee and $10 for freight. A total of $20 shall be deducted from the refund.

iii) For Exchange within the 14 day period, the customer shall contact Lanka Online & provide the proof of purchase & Device details. They must clearly state the device they wish to exchange it for. They also agree to pay the difference in the device costs. They also agree that should the device cost be less than their original purchase, then the difference IS NOT refunded to their Credit card, and this amount is forfeited. Customer will pay for shipment in both directions unless it has been established that Lanka Online was in error.

This refund clause is not applicable to BYO (Bring Your Own) equipment.

Delivery of devices to customers

Lanka Online sends devices in a satchel to the customer via courier. It is the responsibility of the customer to check the content of the satchel delivered before you sign the delivery receipt.  If the content does not match with your order, customer is not to sign the receipt and return the satchel to the courier. If you sign the receipt, you acknowledge that you have checked the content and have taken possession of the goods. Lanka Online is not responsible for any items missing from the satchel after the delivery receipt has been signed for.

Locked & Programmed Devices

Some customer devices are specifically locked and programmed to work with Lanka Online VoIP service only to produce maximum service quality. Lanka Online will not "unlock" the devices.

Re-cycled devices

Once a device has been re-cycled, a new ISN will be assigned to the re-cycled device. DID number(s) are associated with a service account independent of the device. Customers agree that a new ISN will be assigned to a re-cycled device and a new service account may be allocated a different DID. 

RMA (Return of defective device)

Lanka Online may request the customer to return a defective device to Lanka Online premises or to the device's supplier for exchange. Where the defective device is to be retuned is dependent on the arrangement between Lanka Online and individual's supplier of devices. The customers shall bear the postage costs and may be entitled to a refund from Lanka Online if the returned device is found to be defective due to Lanka Online's making. This clause is applicable to devices / equipment that have been purchased directly via the Lanka Online website only.

Service fees refund

i) Lanka Online will refund call charges if it can be demonstrated the customer has been incorrectly charged.

ii) If a customer cancels the service, there is no refund for the remaining call credit and any portion of the monthly and DID fees;

iii) If a customer upgrades or downgrades the service plan, there is no refund for the remaining call credit, portion of the monthly and DID fees.

For an existing Lanka Online customer to change the service plan/account, the changed service/plan shall be treated and charged as a new & separate service. There shall be no transfer of call credit, any charges from the old to the new service type including monthly and DID fees.

Call charge for a successful call

A call is charged when it is answered by the called party or by an answering machine, or by other means which provides announcements for wrong number, service switch off or disconnect service.

The call charge of the call is the duration between when the call is answered and when the call is terminated by the calling or called Party.

Resellers' commissions

Lanka Online's resellers are not entitled to commissions for

i) service plans and specials that are offered by Lanka Online to the Whirlpool community, and

ii) call charges and monthly fees incurred by the reseller for its own use of the Lanka Online service

WARRANTY and LIABILITY LIMITATIONS

Liability

i) You will indemnify us against all costs, losses, damages, actions, proceedings, claims, liabilities and expenses (including all reasonable legal costs, fees and expenses) incurred or suffered by us as as a result of:

(a) any personal injury to, or death of, any person or any loss of, or damage to, any personal property caused by or arising from your breach of this Standard Agreement or your acts or omissions or those of any person for whom you are responsible; or

(b) your acts or omissions (or those of any person for whom you are responsible) relating to the use, or attempted use, of the service or otherwise arising in connection with our supply of (or delay in supply) or failure to supply) the service; and

(c) a claim by an end user arising out of or in connection with the supply or cession of supply of the service

ii) Lanka Online shall not be liable for any delay or failure to provide the Service, including 000 dialling, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

(a) act or omission of an underlying carrier, service provider, vendor or other third party;

(b) equipment, network or facility failure;

(c) equipment, network or facility upgrade or modification;

(d) force majeure events such as (but not limited to) strikes; fire; war; riot; government actions;

(e) equipment, network or facility shortage;

(f) equipment or facility relocation;

(g) service, equipment, network or facility failure caused by the loss of power to Customer;

(h) outage of Customer's ISP or broadband service provider; and

(i) act or omission of Customer or any person using the Service or Device provided to Customer; or

(j) any other cause that is beyond Lanka Online's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation 000 dialing) to be connected or completed or degradation of voice quality.

iii) Except expressly provided by this Standard Agreement:

(a) you will bear the risk of loss or damage to any Lanka Online equipment used or located on you're your premises or whist in your possession or control;

(b) the Lanka Online equipment always remains our property unless it has been sold to you;

(c) you will ensure that, you have all necessary consents and approvals, including landlord approval where applicable, necessary or desirable for us to deliver, install and maintain the Lanka Online equipment at the access site;

(d) you will provide a suitable physical environment at your premises for the storage and operation of the equipment including supplying an adequate power supply for the operation of the equipment;

(e) you must ensure the Lanka Online equipment will not be altered, repaired, serviced, moved or disconnected except by service personnel approved by us;

(f) you must take good care of the Lanka Online equipment while it is in your possession or control and must notify us immediately if you become aware of any damage to or malfunction of the equipment;

(g) you will be liable to us for all loss of, or damage to, to the Lanka Online equipment while at your premises or whilst in your possession or control, apart from fair wear and tear; and

(h) you will only use the Lanka Online equipment in accordance with the manufacturer's specifications or our written directions.

iv) We may charge you for any repair, maintenance or replacement of the Lanka Online equipment due to events other than normal wear and tear, including but not limiting to:

(a) Force Majeure events

(b) failure to use the Lanka Online equipment in accordance with this Standard Agreement

(c) any act of wilful damage or interference by a party other than us, our employees or agents;

(d) negligent use or misuse of the Lanka Online equipment by a party other than us, our employees or agents;

(e) any failure or fluctuation of the electrical power supply to that Lanka Online equipment, or any external electromagnetic interference or any failure of air-conditioning and humidity control for that equipment; or

(f) the performance of maintenance services by a party other than us or service personnel approved by us.

v) If we use the services of our other supplier in providing the service, you agree to comply with any reasonable direction given by us necessary to avoid causing any breach by us of the relevant other suppliers' terms and conditions of supply applicable to that service.

vi) Except as expressly provided to the contrary in this Standard Agreement and to the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the service supplied under this Standard Agreement or our obligations under this Standard Agreement are excluded.

vii) Where any Act of Parliament implies in this Standard Agreement any terms, and that Act of Parliament voids or prohibits provisions under a contract which exclude or modify the operation of such term, the term is deemed to be included in this Standard Agreement.

viii) To the extent permitted by law, our liability for breach of an express term or implied term of this Standard Agreement in contract, negligence or any other tort under any statue or otherwise, is limited to one of the following remedies at our discretion:

(a) if the breach relates to services, the re-supply of the service or the payment of the cost of resupplying the service or

(b) if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the payment of the cost of such replacement, the repair of such goods or the cost of such repair.

ix) To the extent permitted by law, we exclude all liability to you in connection with this Standard Agreement for consequential loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue and economic loss of any kind, whether in contract, negligence or any tort under any statue or otherwise.

x) To the extent permitted by law, our aggregate liability to you in connection with this Standard Agreement in respect of all claims, whether in contract, negligence or any other tort, under any statute or otherwise, will not exceed the amount paid to us by your during the minimum term.

xi) We retain all rights in the confidential information. You will:

(a) keep all confidential information confidential;

(b) not disclose or allow any confidential information or the terms of this Standard Agreement or application of service including pricing to be disclosed to any third part without our prior written consent; and

(c) return all confidential information including all copies to us within 7 days of request by us.

xii) You will not use confidential information or the terms of this Standard Agreement, which you acquire from us for any purpose other than use of the service or as otherwise expressly permitted by us and, in particular, will not use confidential information in any way which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

Disclaimer of Damages

IN NO EVENT SHALL Lanka Online, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 000 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT Lanka Online WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

No Warranties on Service

Lanka Online MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, Lanka Online DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER Lanka Online NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Lanka Online'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Lanka Online'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY Lanka Online OR Lanka Online'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Content

You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Lanka Online reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Lanka Online determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Lanka Online's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Lanka Online's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Lanka Online against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

Force Majeure

We are not liable for any failure to perform, or for any delay in performing any of our obligations under this Standard Agreement where the failure or delay is occasioned by:

(a) strike or other industrial action;

(b) any act or omission by you or any third party, including failures or delays by other suppliers;

(c) legislative or governmental prohibitions, restrictions or delays in the granting of approvals, consents, permits, licences or authorities;

(d) fire, flood, war or cable cut; or

(e) any other event beyond our reasonable control.

General

i) This Standard Agreement is governed by and construed in accordance with the laws of New South Wales. The parties submit to the jurisdiction of the Courts of New South Wales and any court hearing appeals from those Courts;

ii) This Standard Agreement contains the whole understanding of the parties to the exclusion of any prior agreement, representation or understanding relating to the service;

iii) You may not assign, mortgage, charge, sublicense or otherwise deal with your rights, or subcontract or otherwise delegate any of your obligations under this Standard Agreement without our prior written consent. We may assign or otherwise delegate all or any of our rights and obligations under this Standard Agreement to a related body corporate or other person;

iv) A notice, approval or consent, to be issued under this Standard Agreement must be in writing and in the absence of evidence to the contrary will be taken to be received:

(a) if left at the address of the addressee, at the time it was left;

(b) if sent by ordinary post, on the third day after posting

(c) if sent by express post, on the next day; and

(d) if sent by facsimile, at the time recorded on a transmission report from the machine from which the facsimile was sent.

v) Any waiver of a breach of any obligation by relates only to the particular breach and not to any other or subsequent breach, and will not prejudice our rights to take subsequent action. A waiver under this clause will only be valid if it is in writing and signed by the party against whom such waiver is claimed.

vi) The failure of Lanka Online to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

vii) If a provision of this Standard Agreement is void or voidable or unenforceable or the invalid part severed, the remainder of this Standard Agreement will not be affected.

SERVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

PRIVACY

Lanka Online Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Lanka Online is not liable for any lack of privacy which may be experienced with regard to the Service.

ENTIRE AGREEMENT

This Agreement and the rates for Services found on the Lanka Online website constitute the entire agreement between you and Lanka Online and govern your use of the Service, superseding any prior agreements between you and Lanka Online and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

CHANGES TO THIS AGREEMENT

Lanka Online may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Lanka Online web site. Such changes will become binding on Customer, on the date posted to the Lanka Online website and no further notice by Lanka Online is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.