Terms and Conditions

  1. Introduction 

The terms and conditions set forth hereunder apply to the website/application www.kiki.lk / KiKi Music / KiKi Video / KiKi which is owned, operated, licensed and controlled by Mobile Visions Lanka (Private) Limited (hereinafter referred to as the Company), a company duly incorporated in accordance with the laws relating to companies in Democratic Socialist Republic of Sri Lanka having its registered office/principal place of business at No. 146, Dawson Street, Colombo 02 and is covered and protected by all laws including but not limited to copyright and trademark laws of Sri Lanka.  

This website/application is an entertainment service providing digital content which includes but not limited to sound recordings and video recordings. Users are authorized download selected material on temporary basis tethered to KiKi Enabled Devices for personal use. Users are not permitted to reproduce, distribute, edit, modify or make us of the content displayed through the website/application for any personal or commercial use. Any unauthorized use of the service and the content contained therein shall amount to the violation of trademark and copyright laws as well as the laws of privacy and KiKi and Mobile Visions Lanka (Private) Limited shall not be held responsible for the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. 

By signing up or otherwise using any of the services offered by KIKI, including all associated features and functionalities, websites and user interfaces, as well as all the content and software applications associated with KIKI service, you would be bound to abide by the Terms and Conditions set forth. Changes to the Terms may be adopted from time to time and updated versions would be able on www.kiki.lk  

Please read these terms and Privacy Policy and other terms referenced in this document.  

  1.  
    Definitions 

  1. “Advertisement Supported” means the delivery and/or exhibition of a song, album, audio recording, video recording, art work created with any audio/video recording, source material and/or other related entertainment product where the consumer is required to view or is otherwise exposed to commercial messages or interruption (whether display, interstitial or otherwise) 

  1. “Advertisement Music-on-Demand” (hereinafter referred to as “AMOD”) means the delivery and/or exhibition of a song, album, audio recording including musical works, source material and/or other entertainment product on an Advertisement Supported basis, where the timing of such delivery and/or exhibition is not pre-determined, but rather is at the consumer’s discretion (i.e., on demand), in connection with which the consumer may or may not be charged any fee or access charge, whether transaction, recurring, periodic or other. 

  1. “Advertisement Video-on-Demand” (hereinafter referred to as “AVOD”) means the delivery and/or exhibition of a music video, motion picture, variety show, television program, source material and/or other video entertainment product on Advertisement Supported basis, where the timing of such delivery and/or exhibition is not pre-determined, but rather is at the consumer’s discretion (i.e., on demand), in connection with which the consumer may or may not be charged any fee or access charge, whether transaction, recurring, periodic or other. 

  1. “Internet Transmission” shall mean the transmission of data via internet protocol. 

  1. “Kiki Enabling Device” (hereinafter referred to as “KED”) shall mean a device which is capable of receiving data via the Internet, including without limitation, 

  1. – a desktop or laptop computer; 

  1. – a television set, 

  1. – a set top box, including a box that offers an integrated personal digital video recorder (DVR); 

  1. – a DVD and/or Blu-ray player; 

  1. – a game console; 

  1. – a portable device including without limitation a mobile phone, tablet and any smart device such as a watch, glass, speaker; or 

  1. – a device with a web browser interface or other like capability. 

  1. “KiKi Service” shall mean a music and entertainment service introduced by the Licensee that provides subscribers with on-demand access to songs, albums, audio recordings, movies and television content, and delivers content through Internet Transmission to KEDs (including User Interfaces on same). 

  1. “Pay Per View” (hereinafter referred to as “PPV”) means the exploitation of a Licensed Work(s), solely on a non-Ad Supported basis and non-recurring fee basis, where the consumer is required to view the content over a limited period of time, and for which exhibition, the consumer is charged a spate, material transactional fee (i.e. per movie or episode) that is neither subsidized nor otherwise discounted by the purchase of other products, services or promotions. 

  1. “Source Material” shall mean, with respect to each country, the source files for the Licensed Work and associated trailers, artwork, artist images, promotional materials and metadata (including without limitation audio files, closed captioning files, subtitles, and all relevant ratings, content descriptors and content classifications information) for such territory, the delivery specifications for which are detailed in Schedule B attached hereto. 

  1. “Subscription Audio-on-Demand” (hereinafter referred to as “SMOD”) shall mean the delivery and/or exhibition of a son, album, podcast, audio drama series, audio recording including musical works and/or any other audio entertainment product via Internet Transmission where the consumer is charged a recurring fee and/or periodic access charge in connection with such delivery and/or exhibition. 

  1. “Subscription Video-on-Demand” (hereinafter referred to as “SVOD”) shall mean the delivery and/or exhibition of a motion picture, television show and/or other entertainment product via Internet Transmission where the consumer is charged a recurring fee and/or periodic access charge in connection with such delivery and/or exhibition. 

  1. “Subscriber” shall mean a registered user and/or a customer of KIKI service accessing the content stored in the KIKI video and audio libraries.  

  1. KIKI Service 

  1. Service Options and Fees 

KIKI Service would be available to you either as a Free Service or under a Paid Subscription. At the discretion of KIKI, the service options offered to the consumer may vary. Special promotional plans, memberships or service options including offering of third-party products and services in conjunction with or through KIKI would be available from time-to-time.  

Codes, gift cards, scratch-cards, pre-paid offers or other offers presented by authorized parties on behalf of KIKI to access the service shall be bound by separate terms and conditions. If you purchase access to Paid Subscription KIKI through a third-party service or application, terms and conditions set by such third parties in addition to the terms and conditions set forth shall apply. 

You can purchase the Subscription package of your choice directly through KIKI or authorized third parties by paying the fee in advance for a specific period. KIKI may change the price of the Paid Subscription packages, including the recurring subscription fees from time to time and will communicate such price changes to you as and when those changes are made. Price changes including any changes of the subscription package will take effect at the start of the next subscription period following such changes  

Subject to applicable law, you accept the new price by continuing to use KIKI after the price change takes effect. If you do not agree with price change applicable to your subscription package, you have the right to reject the change by unsubscribing from the Paid Subscription service prior to the price change going into effect. 

  1. Renewal and Cancellation 

Your Paid Subscription package is set to automatically renew at the end of each subscription period set in the package you have selected (daily/weekly/monthly/annually). If you wish to cancel the current subscription, you may do directly through the KED. The cancellation will take effect on the last day of the current subscription period and you will be downgraded to the Free Service.  

If you subscribed to the service through a third-party service or application, you have to cancel the subscription through the same third-party service or application. 

If you activated a Paid Subscription through a code on a scratch card or a gift card, your subscription will automatically terminate at the end of the period stated in the respective scratch card or gift card or when there is an insufficient funds to continue the service.  

We do not provide refunds or credits for any partial subscription periods. However, if you have pre-paid for content we are required to remove from KIKI service, you are entitled to full or partial refund. 

  1. Trials 

Trials of Paid Subscription for a specific period of time may be offered to you from time to time by KIKI or by third parties without a payment or at a reduced rate. KIKI may determine your eligibility for a trial and withdraw or modify a trial at any time without prior notice and with no liability within the applicable law. 

For selected trails, you would be required to submit payment details and by providing such details you agree that KIKI may automatically charge you for the Paid Subscription at the end of your trial period on recurring basis depending on the subscription model you have chosen. If you do not wish to be charged or continue using the Paid Subscription after your respective trail period, ensure you cancel the applicable Paid Subscription before the end of your trial period. If the trial was activated through a third-party service which required you to submit payment details, ensure you cancel the recurring charging through the same service.  

  1. Using KIKI 

KIKI service and the content offered through KIKI are the property of the Company or Licensors of the Company. You are the user are granted limited, non-exclusive, revocable access to KIKI catalogue for non-commercial use. This access shall remain effect until and unless terminated by you or KIKI. By accessing KIKI catalogue and therefore becoming a user/subscriber of KIKI, you agree not to use the content offered to you for commercial purposes and not to edit, alter, modify, redistribute, transfer or reproduce content or any service offered through KIKI.  

KIKI software applications and the content are not sold or transferred to you and the Company and/or its licensors retain ownership of all copies of the KIKI software application and content even after installation of the application to you KED. All trademarks, service marks, trade names, logos, domain names and any other features of KIKI brand are the sole property of the Company and/or its licensors. You are not granted any right to use any of KIKI’s brand features whether for commercial or non-commercial use. 

  1. User Guidelines 

Respecting the intellectual property rights of the creators of the content available on KIKI service, you are expected to adhere to the following 

  • You not have the authority to copy, redistribute, reproduce, rip, record, transfer, edit, modify any content or service made available through KIKI infringing the intellectual property rights vested in the service itself and the content. 
  • You are not authorized to import, copy or host any local files that you do not have the legal right to import or copy in the same manner. 
  • You are prohibited from selling, renting, sublicensing or leasing any part of KIKI or its content. 
  • You should not circumvent or block advertisements displayed through the service or create tools such tools for personal use or other. 
  • You should not share your password with any other person or use any other person’s username or password. 
  • Do not sell you account, playlist or profile information or offer the same in return of any compensation, financial or otherwise 

KIKI retains the right to terminate or suspend any account which KIKI believes to be violating any of the terms and conditions set forth herein and has the authority to reclaim any username or password for any reason. 

  1. Third-Party Applications and Devices 

KIKI service may integrate with third-party applications, websites, and may authorize third-party devices to make KIKI service available to you. Such third-party applications and/or KED (KIKI Enabled Devices) may have their own terms and conditions as well as privacy policies and as a user of such of third-party applications, and devices, you will be governed by and subject to such terms, conditions and privacy policies. KIKI cannot be held responsible or liable for any features, offers or content made available by such applications and devices or for any agreement or transaction you may enter into with the provider of such third-party applications and devices. KIKI cannot warrant the compatibility of such third-party applications and devices with KIKI service. 

  1. Limitations and Modifications to Service 

Reasonable efforts shall be made by the Company to keep KIKI service operational. However, technical difficulties, maintenance upgrades, testing or updates may from time-to-time result in temporary interruptions. The company reserves the right to suspend or interrupt the service from time-to-time on recurring basis to improve the features and functions of the service. Where advance notice is possible, you shall be notified and reasonable efforts shall be made to ensure minimum interruptions of this nature. 

You understand and agree that the Company and the licensors of the Company are entitled to remove content from KIKI service from time to time without notice.  

  1. Intellectual Property Rights 

Content available as part of KIKI service is the sole and exclusive property of the Company and/or its licensors and protected by the intellectual property laws of Sri Lanka and therefore you fully forego any right whatsoever to such content due the use of services by you.  You further agree that you shall not directly or indirectly at any time do or suffer to be done any act or thing which will in any way impair or might jeopardize any intellectual property right associated with the content. All intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of KIKI 

Your request to use KIKI service by subscribing to KIKI is personal to you and the content shall not be used, sold, rented, transferred, licensed, edited or modified by you or any other person. License to download content include only include rights explicitly stated in the service specifically the right to play back for your personal use from your personal KED. For avoidance of doubt, you are not authorized to create any derivative work from the content available to you on KIKI, make copies or to use any of the content for commercial use.  

  1. Disclaimer and Limitations of Liability 

You understand and agree that KIKI is provided ‘as is’ and ‘as available’ without expressed or implied warranty or condition of any kind. KIK and the owners of the content available on KIKI make no warranty that the service or the content contained in the application will meet your requirements or the application shall be uninterrupted, timely, secure or error free or free of malware or other harmful components. In addition, no warranty is given on the accuracy or reliability of the content and no representation, warranty, guarantee, or endorsement is given of the third-party applications that may offer, advertise, promote or endorse KIKI service. KIKI cannot be held responsible or liable for any transaction you make a third-party to access KIKI service.  

  1. Indemnification 

You hereby agree to indemnify and hold KIKI and its agents, members and affiliates harmless from and against all damages, losses, and expenses of any kind arising out of or related to your breach of these terms and conditions, any activity you engage in through the service including the content you may post and any violation of the any laws by you including the violation of rights of a third party by you. 

  1. Governing Law 

In the event of any dispute or difference arising out of or relating to this Agreement, the parties hereto shall use their best endeavors to amicably settle such dispute or difference. To this effect they shall consult and negotiate with each other in good faith and understanding of their mutual interests to reach a just and equitable solution satisfactory to the Parties. If the parties do not reach such solution within a period of thirty (30) Days from the date such complaint was first referred, the party seeking resolution to the dispute shall give notice thereof to the other Party and such dispute or difference shall then be finally resolved through any court of competent jurisdiction in Sri Lanka. This Agreement shall be governed by and construed in accordance with the laws of Sri Lanka, without giving effect to any choice of law or conflict of law provisions. 

  1. Customer Care 

For any support or general enquiry, please contact our Customer Care on 94 117 696 300 from 8:30 A.M – 5 P.M (Mon- Fri) or email at care@kiki.lk