This website is operated by OFFERZ.LK (PVT) LTD. Throughout the site, the terms “we”, “us” and “our” refer to OFFERZ.LK (PVT) LTD. OFFERZ.LK (PVT) LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. IN GENERAL
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites which are not operated by OFFERZ.LK (PVT) LTD (the “Linked Sites”). OFFERZ.LK (PVT) LTD has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. PRIVACY POLICY
Our Privacy Policy, incorporated by reference in these Terms of Service, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate.
3. PROHIBITIONS
You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of OFFERZ.LK (PVT) LTD or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990 or other relevant legislation. OFFERZ.LK (PVT) LTD will report any such breach to the relevant law enforcement authorities and may disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains the property of OFFERZ.LK (PVT) LTD or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by OFFERZ.LK (PVT) LTD and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by OFFERZ.LK (PVT) LTD or its licensors. As OFFERZ.LK (PVT) LTD.lk are trademarks belonging to OFFERZ.LK (PVT) LTD. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar.
5. TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the SRI LANKA and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with OFFERZ.LK (PVT) LTD you must be 18 years of age or over and possess a valid credit or debit card issued by a bank acceptable to us. OFFERZ.LK (PVT) LTD retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be OFFERZ.LK (PVT) LTD or may in some cases be a third party. Where a contract is made with a third party OFFERZ.LK (PVT) LTD is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. a. Our Contract When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. b. Pricing and Availability Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. c. Payment upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. Discount Codes Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. These T&Cs relate to all OFFERZ.LK (PVT) LTD promotions, competitions and discount codes (unless otherwise stated). 1. Only one promotion code can be used per order 2. Selected brand exclusions may apply 3. A promotion code can't be used after an order has been placed
6. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law OFFERZ.LK (PVT) LTD and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect OFFERZ.LK (PVT) LTD liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD-PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with OFFERZ.LK (PVT) LTD and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or the brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to OFFERZ.LK (PVT) LTD.
9. INDEMNITY
You agree to indemnify, defend and hold harmless OFFERZ.LK (PVT) LTD, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
10. VARIATION
OFFERZ.LK (PVT) LTD shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
11. INVALIDITY
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub- clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub- clause as is permitted by law.
12. COMPLAINTS
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
13. WAIVER
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of Sri Lanka and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Courts of Sri Lanka.
15. ENTIRE AGREEMENT
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub- clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub- clause as is permitted by law.