TERMS AND CONDITIONS
TABLE OF CONTENTS
These Terms of Use
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and Vigahata.lk concerning your access to and
use of the https://vigahata.lk website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). Vigahata.lk is owned by Dreamertec (Pvt) Ltd
registered in Sri Lanka and have our registered office at 261, Wanduramba,
Galle, Southern Province 80100. The Site provides an online marketplace for the
following goods, products, and/or services. In order to help make the Site a
secure environment for the purchase and sale of Marketplace Offerings, all
users are required to accept and comply with these Terms of Use. You agree that
by accessing the Site and/or the Marketplace Offerings, you have read,
understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at
any time and for any reason. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your continued
use of the Site after the date such revised Terms of Use are posted.
The information
provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended
for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site or use the Marketplace Offerings.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise
indicated, the Site and the Marketplace Offerings are our proprietary property
and all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and
unfair competition laws of the Sri Lanka, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site “AS
IS” for your information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Site or the Marketplace Offerings and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
By using the Site or
the Marketplace Offerings, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Use; (4) you are not
a minor in the jurisdiction in which you reside; (5) you will not access the
Site or the Marketplace Offerings through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Site for any
illegal or unauthorized purpose; and (7) your use of the Site or the
Marketplace Offerings will not violate any applicable law or regulation.
If you provide any
information that 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).
You may not use the
Site or the Marketplace Offerings for any illegal or unauthorized purpose nor
may you, in the use of Marketplace Offerings, violate any laws. Among
unauthorized Marketplace Offerings are the following: intoxicants of any sort;
illegal drugs or other illegal products; alcoholic beverages; games of chance;
and pornography or graphic adult content, images, or other adult products.
Postings of any unauthorized products or content may result in immediate
termination of your account and a lifetime ban from use of the Site.
You may be required to
register with the Site in order to access the Marketplace Offerings. You agree
to keep your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
We make every effort
to display as accurately as possible the colors, features, specifications, and
details of the Marketplace Offerings available on the Site. However, we do not
guarantee that the colors, features, specifications, and details of the
Marketplace Offerings will be accurate, complete, reliable, current, or free of
other errors, and your electronic display may not accurately reflect the actual
colors and details of the products. All Marketplace Offerings are subject
to availability, and we cannot guarantee that Marketplace Offerings will be in
stock. Certain Marketplace Offerings may be available exclusively online
through the Site. Such Marketplace Offerings may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We reserve the right
to limit the quantities of the Marketplace Offerings offered or available on
the Site. All descriptions or pricing of the Marketplace Offerings are subject
to change at any time without notice, at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for any reason. We
do not warrant that the quality of any of the Marketplace Offerings purchased
by you will meet your expectations or that any errors in the Site will be
corrected.
We accept the
following forms of payment:
- Visa
- Mastercard
- American
Express
You agree to provide
current, complete, and accurate purchase and account information for all
purchases of the Marketplace Offerings made via the Site. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in LKR or USD.
You agree to pay all
charges at the prices then in effect for your purchases and any applicable delivery
fees, and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order. If your order is subject to recurring
charges, then you consent to our charging your payment method on a recurring
basis without requiring your prior approval for each recurring charge, until such
time as you cancel the applicable order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right
to refuse any order placed through the Site. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers, or distributors.
Please review our
Return Policy posted on the Site prior to making any purchases.
You may not access or
use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a user of the Site,
you agree not to:
- Systematically
retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use
any information obtained from the Site in order to harass, abuse, or harm
another person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Site in a manner inconsistent with any applicable laws or regulations.
- Engage
in unauthorized framing of or linking to the Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Marketplace Offerings.
- Engage
in any automated use of the system, such as using scripts to send comments
or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
- Delete
the copyright or other proprietary rights notice from any Content.
- Attempt
to impersonate another user or person or use the username of another user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Marketplace Offerings to you.
- Attempt
to bypass any measures of the Site designed to prevent or restrict access
to the Site, or any portion of the Site.
- Copy
or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Site.
- Except
as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the Site.
- Make
any unauthorized use of the Marketplace Offerings, including collecting
usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses.
- Use
the Marketplace Offerings as part of any effort to compete with us or
otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
- Sell or otherwise
transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Site does not
offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated in accordance with the Site Privacy Policy. When you create or
make available any Contributions, you thereby represent and warrant that:
- The creation,
distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the
creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users
of the Site to use your Contributions in any manner contemplated by the
Site and these Terms of Use.
- You have the
written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or rule.
- Your
Contributions do not violate the privacy or publicity rights of any third
party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or
the Marketplace Offerings in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of your
rights to use the Site and the Marketplace Offerings.
You and the Site agree
that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We may provide you
areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with
the person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject,
or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
As part of the
functionality of the Site, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party
Account”) by either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us
access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so
that it is available on and through the Site via your account, including
without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to
your Third-Party Accounts may be available on and through your
account on the Site. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through
the Site. You will have the ability to disable the connection between your
account on the Site and your Third-Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH
SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social
Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Site. You can deactivate the connection between the Site and
your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile
picture that become associated with your account.
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.
We reserve the right,
but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
We care about data
privacy and security. Please review our Privacy Policy: https://vigahata.lk/privacy. By using the Site or the Marketplace Offerings, you agree to
be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site and the Marketplace Offerings are hosted in Sri
Lanka. If you access the Site or the Marketplace Offerings from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in Sri
Lanka, then through your continued use of the Site, you are transferring your
data to Sri Lanka, and you agree to have your data transferred to and
processed in Sri Lanka.
These Terms of Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right
to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Marketplace Offerings without notice at any
time. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site or the Marketplace
Offerings.
We cannot guarantee
the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise modify
the Site or the Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site or
the Marketplace Offerings during any downtime or discontinuance of the Site or
the Marketplace Offerings. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the Marketplace Offerings or to
supply any corrections, updates, or releases in connection therewith.
These terms shall be
governed by and defined following the laws of Sri Lanka. Yourself
irrevocably consent that the courts of Sri Lanka shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
terms.
You agree to
irrevocably submit all disputes related to Terms or the relationship
established by this Agreement to the jurisdiction of the Sri
Lanka courts, shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if
these Terms are entered into in the course of your trade or profession, the
state of your principal place of business.
20. CORRECTIONS
There may be information
on the Site that contains typographical errors, inaccuracies, or omissions that
may relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.
21. DISCLAIMER
THE SITE AND THE
MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE
MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR
OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) use of the Marketplace Offerings; (2) breach of these Terms of
Use; (3) any breach of your representations and warranties set forth in these
Terms of Use; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site or the Marketplace Offerings with whom you
connected via the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Marketplace Offerings, as well as data relating to your use
of the Marketplace Offerings. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates
to any activity you have undertaken using the Marketplace Offerings. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
26. MISCELLANEOUS
These Terms of Use and
any policies or operating rules posted by us on the Site or in respect to the
Marketplace Offerings constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These Terms
of Use operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Marketplace Offerings. You agree that these Terms of Use will
not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Terms
of Use and the lack of signing by the parties hereto to execute these Terms of
Use.
27. CONTACT US
In order to resolve a
complaint regarding the Site or the Marketplace Offerings or to receive further
information regarding use of the Site or the Marketplace Offerings, please
contact us.
Vigahata.lk
261,Wanduramba,Galle
Galle, Southern
Province 80100
Sri Lanka
Phone: +947 77 0291288