Terms & Conditions

You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.buonappetitofoods.lk(hereinafter referred to as “Site” or “Buon Appetito Foods (Pvt) Ltd.” or “we” or “our”). The Site allows you to browse, select and purchase Clothing and Accessories (“Goods” or “Products” or “Services”).

Your use of this website www.buonappetitofoods.lk  (hereinafter referred to as the “Site”) and its related sites, services and tools). These TERMS AND CONDITIONS are effective upon acceptance and governs the relationship between you and Buon Appetito Foods (Pvt) Ltd., a company incorporated under SRI LANKA Companies Act, (hereinafter the “Company”) including the sale and supply of any Products on the Site. If this TERMS AND CONDITIONS conflicts with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of this TERMS AND CONDITIONS the term ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that implies your acceptance.

The Company may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. All updates and amendments shall be notified to you via posts on website or through e-mail. The revised version will be effective at the time we post it on the Site, and in the event you continue to use our Site, you are impliedly agreeing to the revised TERMS AND CONDITIONS and Privacy Policy expressed herein.

In addition, if the revised version of this Agreement includes a Substantial Change, we will provide you with 30 days’ prior notice of such Substantial Change as per the Notification Preferences provided by you. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. For the purpose of this Agreement, the term “Substantial Change” means a change to the terms of this Agreement that materially reduces your rights or increases your responsibilities.

Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

If this Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.

 To read the complete Terms and Conditions, please see below:

 

1.   Description of Services

 

2.   General

 

3.   Your Account

 

4.   Your Information (or any items listed):

 

5.   Equipment

 

6.   Our Products

 

7.   Electronic Communications

 

8.   License and Site Access

 

9.   Links

 

10. Price of products

 

11. How to pay

 

12. Manufacturer Guarantee

 

13. How the contract is formed between you and us

 

14. Cancellation by us

 

15. Cancellation by the user

 

16. Fraudulent and declined transaction

 

17. Credit card details

 

18. Limitation of liability

 

19. Indemnity

 

20. Duration of sale

 

21. Delivery

 

22. International delivery

 

23. Trademarks

 

24. Viruses

 

25. Other Important Terms

 

26. Governing Law

 

 

 

1. Description of Services

1.1 In the Site, We provide users with access to clothing and accessories that can be purchased at the price mentioned on the site.

2. General

2.1 This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity.

2.2 The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet.

2.3 While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.

2.4 You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.

2.5 Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

2.6 None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.

2.7 Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to us during the registration process (in your case).

2.8 Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

2.9 Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

2.10 If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.

2.11 This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

2.12 In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.

2.13 If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.

2.14 The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement.

2.15 Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

2.16 When we refer, in these Terms, to "in writing", this will only include e-mail unless or otherwise specifically stated.

3. Your Account

3.1 In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in the Sri Lanka

3.2 You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form.

3.3 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

3.4 If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult.

3.5 You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session.

3.6 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.7 We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

3.8 Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

4. Your Information (or any items listed):

4.1 "Your Information" is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, bulletin board, chat service etc. or through any e-mail feature.

4.2 You are solely responsible for Your Information, and in accordance with certain features of the Site we may only act as a passive conduit for your online distribution and publication of Your Information.

4.3 We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.

5. Equipment

5.1 The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

5.2 The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.

6. Our Products

6.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.

6.2 Although we have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

6.3 The packaging of the Products may vary from that shown on images on our site.

6.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

7. Electronic Communications

7.1 When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required.

7.2 We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

8. License and Site Access

8.1 We grant you a limited license to access and make personal use of the Site and the Service.

8.2 This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

 

8.3 You may not bypass any measures used by us to prevent or restrict access to the Site.

8.4 Any unauthorized use by you shall terminate the permission or license granted to you by us.

9. Links

9.1 The Site or third parties may provide links to other World Wide Web sites or resources.

9.2 Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

9.3 You further acknowledge and agree that we shall not be responsible or liable, directly or

indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. Price of products

10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

10.2 However if we discover an error in the price of Product(s) you ordered, please see clauses 10.8 to 10.11 for what happens in this event.

10.3 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

10.4 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the SRI LANKA for the time being.

10.5 However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.6 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery & Returns Policy

10.7 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

10.8 Where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you.

10.9 However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

10.10 if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order.

 

10.11 We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

11. How to pay

11.1 You can only pay for Products using a debit card or credit card. We accept all major credit and debit cards including PayPal as a method of payment.

11.2 Payment for the Products and all applicable delivery charges is in advance.

12. Manufacturer guarantees

12.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.

12.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13. How the contract is formed between you and us

13.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

13.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 13.5.

13.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation).

13.4 The Contract between us will only be formed when we send you the Dispatch Confirmation.

13.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clauses 10.8 to 10.11, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

14. Cancellation by Us

14.1 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

14.2 Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product.

14.3 We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

14.4 If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your Card Account.

 

 

15. Cancellations by the User

Your consumer right of return and refund

15.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 15.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

15.2 However, this cancellation right does not apply in the case of any products made to your specification or clearly personalized

15.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

15.4 To cancel a Contract, please contact us in writing by sending an e-mail to  info@buonappetitofoods.com   You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.

15.5 You will receive a credit voucher for the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 15.3.

15.6  If you returned the Products to us because they were faulty or mis-described, please see clause 15.7.

15.7 If you have returned the Products to us under this clause 15.6 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

15.8 We refund you on the credit card or debit card used by you to pay.

15.9 You must return the Products to us as soon as reasonably practicable if the Products were delivered to you.

15.11 Unless the Products are faulty or not as described (in this case, see clause 15.6), you will be responsible for the cost of returning the Products to us;

15.12 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

15.13 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

15.14 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 15 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

 

16. Fraudulent /Declined Transactions

16.1 We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions.

16.2 Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently.

16.3 We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.

16.4 In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

17. Credit Card Details

17.1You agree, understand and confirm that the credit/debit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit/debit card transaction, you must use your own credit/debit card.

17.2 You further agree and undertake to provide the correct and valid credit card details to us.

17.3 Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order.

17.4 We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

18. Limitation of Liability

18.1 You expressly understand and agree that the company and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related, unrelated services and other services offered on the site from time to time.

18.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

18.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18.4 We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

Defective products under the Consumer Protection Act 1987.

18.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event outside Our Control. An Event outside Our Control is defined below in clause 19.6.

18.6 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.7 If an Event outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control.

18.8 Where the Event outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event outside Our Control is over.

19. Indemnity

19.1 You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable legal costs, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

20. Duration of Sale

20.1 Each sale shall last from 24 to 72 hours only and the time of beginning of the sale is 1100 hours GMT. Therefore, it is the customer’s responsibility to login earlier if they want to avail better products or styles because our sales are “first come, first served”.

20.2 The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be given and we will alert you only when an item is sold out.

21. Delivery

21.1 We endeavor but do not guarantee to deliver the products to Users within 3-4 weeks from the day of close of sale depending upon the shipping location.

21.2 We work with different type of suppliers (Manufacturers, designers, distributors, importers etc.) and the delivery time to Users is subject to delivery of products from supplier to us.

21.3 Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by instalments.

21.4 If the goods are to be delivered in instalments, each delivery will constitute a separate contract.

21.5 You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.

 

21.6 If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.

21.7 Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address.

21.8 We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.

21.9 If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation, and transfer of responsibility in the same way.

21.10 Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

21.11 We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.

21.12 Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

(i) Unavailability of the relevant product;

(ii) Failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us;

(iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and

(iv) Inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.

21.13 In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account.

22. International delivery

 

22.1 We will deliver only in Sri Lanka

 

22.2 You can order all products from any country to be delivered in Sri Lanka

 

23. Intellectual Property

23.1 The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons.

23.2 Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks.

23.3 All information and content including any software programs available on or through the Site ("Content") is protected by copyright.

23.4 Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

23.5 The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws.

23.6 The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

23.7 Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

23.8 Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted.

23.9 If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

23.10 The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.

23.11 Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.

24. Viruses

24.1 We do not guarantee that our site will be secure or free from bugs or viruses.

24.2 You are responsible for configuring your information technology, computer programmers and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

 

24.3 You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site.

24.4 You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

24.5 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

24.6 In the event of such a breach, your right to use our site will cease immediately.

25. Other important terms

25.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

25.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

25.3 However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.

25.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.

25.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

25.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

25.7 If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

26. Governing Law

26.1 This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of Sri Lanka, with exclusive jurisdiction conferred on the courts of Sri Lanka