o2 Store (Private) Ltd (PV109938), (herein after referred to as “Party”) provides you, its services via their website (herein after referred to as “Website”) under the following conditions.
For the avoidance of doubt, the terms “you” and “your” used herein refers to you, the person accessing the Website and accepting the Party’s terms and condition.
Information on the Website
The Party is the sole and exclusive owner of all rights, title and interest in and to the Website, all the content (including but not restricted to, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files),save and except any content provided by a third party, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this Website are all registered and unregistered trademarks of the Party. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of the Party.
External links may be provided for your convenience, but they are beyond the control of the Party and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to the terms and conditions of use for that external website. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of the Party. Please contact us if you would like to link to this Website or would like to request a link to your website.
Public Forums and User Submissions
The Party is not responsible for any material submitted to the Public Areas by you, (which include Classifieds Ads, bulletin boards, hosted pages, chat rooms, or any other public area found on the Website. You acknowledge that the Public Areas on the Website are for public and not private communications and you have no expectation of privacy with regard to any content and/ or information posted/shared on the said Public Areas. You are and shall remain solely responsible for the content and information posted on the Website by you. Any material (whether submitted by you or any other user) is not endorsed, reviewed, monitored or approved by the Party. The Party reserve the right to remove any material submitted or posted by you in the Public Areas, without notice to you, if the Party becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to
This Website is not available to users under the age of 18, outside the demographic target, or to any members previously banned by the Party.
By using this Website, you acknowledge that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Sri Lanka or other applicable jurisdiction. You agree to provide true and accurate information about yourself when requested by this Website. If you provide any information that is untrue, inaccurate, or incomplete, the Party
has the right to suspend or terminate your ad, other information posted on the Website and refuse future use of its services.
Orders for Product(s)
If you order any product(s), you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Party. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by the Party. The product(s) that you purchase on or through the Website shall be subject to additional terms and conditions presented to you at the time of such purchase.
Cancellations and Refunds Due To Errors
The Party has the right to cancel an order at anytime due to typographical or unforeseen errors that results in the product(s) on the Website being listed inaccurately (having the wrong price or descriptions etc.). In the event a cancellation occurs and payment for the order has been received, the Party shall issue a full refund for the product / service in the amount in question. Additionally, you can cancel your order during the processing phase. Once your order is complete and your receipt has been delivered and paid for, you can no longer cancel the order.
You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Party against any loss, liability, damage or expense of whatever nature which the Party or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
Disclaimer and Warranties
The Website, including, without limitation, all services, content, functions and materials provided through the Website, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and the Party hereby disclaim any and all such warranties, express and implied. The Party does not warrant that the Website or the services, content, functions or materials provided through the Website will be timely, secure, uninterrupted or error free, or that defects will be corrected. The Party make no warranty that the Website or the provided services will meet your requirements. No advice, results or information, whether oral or written, obtained by you from the Party or through the Website shall create any warranty not expressly made herein. The Party also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video content, or audio content from the Website. if you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. While every effort is made to update the information contained on this Website, neither Party nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any pricing information, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content. The Party shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the web site shall be construed as investment advice. The Party is not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another. Without limitation of the above in this section, the Party and its affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the Website, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Website or in correspondence with the Party or its agents. Any products and services ordered or provided via the Website are provided by the Party “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and the Party or its licensor or supplier.
Limitation of Liability
The Party shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), due to a result of or which may be attributable, directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, your provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In particular, neither the Party nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You agrees to indemnify and hold the Party (and its employees, directors, suppliers, subsidiaries, joint ventures, and legal partners) harmless from any claim, liability, costs or demand, including reasonable attorneys’ fees, from and against all losses, expenses, damages and costs arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these terms and conditions. The Party reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Party’s defense of such claim.
Use of the Website
The Party does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction (Democratic Socialist Republic of Sri Lanka). By accessing the Website, you warrant and represent to the Party that you are legally entitled to do so and to make use of information made available via the Website.
Entire Agreement . These Website terms and conditions constitute the sole record of the agreement between you and the Party in relation to your use of the Website. Neither you nor the Party shall be bound by any expressed or implied representation, warranty, or promise not recorded herein. Unless otherwise specifically stated, these Website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Party in respect of your use of the Website.
Alteration . The Party may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the Website.
Conflict . Where any conflict or contradiction appears between the provisions of these Website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
Waiver . No indulgence or extension of time which either you or the Party may grant to the other will constitute a waiver of or, whether by law or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Cession. The Party shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability . All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Sri Lanka without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Court of law of the Democratic Socialist Republic of Sri Lanka in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
The Party may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. The Party may restrict, suspend or terminate your access to the Website and/or its services if we, the Party, believe you are in breach of the terms and conditions set out herein or applicable law, or for any other reason without notice or liability. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, and General, shall survive any termination.