1.Terms and Conditions: These are the terms and conditions of our agreement which apply to all purchases of products by you from happiness.lk and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.
2.Order: You can submit an order for products to happiness.lk by completing the details required on the order summary page and clicking the send order button. All prices are reflected in Rs. and include VAT where applicable, providing delivery is to a location in the Sri Lanka. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card payment is approved by your credit card/debit card company.
2a. The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
3.Acceptance of order: We will notify you of our acceptance of your offer to purchase by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via this site. Gift vouchers are not accepted.
*but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended and/or where discounts have been applied or used in error.
4.Delivery: We make every effort to deliver all products within the Sri Lanka within three working days of acceptance of your order. Where this is not possible, we will notify you and, unless we state otherwise, ensure that your products are delivered within 28 days from acceptance. All deliveries will be made to you at the address specified by you in the order. We may, at our discretion and expense, deliver parts of your order separately. All deliveries must be signed for and you will be responsible for the products as soon as they are delivered and found to be in conformity to the contract. Ownership of the products shall pass to you once we have received payment in full. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products at your risk. If you wish us to redeliver the products to you, you will need to authorise us to charge your credit card/ debit card for such re-delivery. If we do not hear from you within 28 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
5.Payment: For standard delivery we will charge your account for payment at the time that the order is dispatched for delivery to you. Items which are shipped directly from the manufacturer will be charged at the time of placing the order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card
Consumer Protection (Distance selling) Regulations 2000. Right to withdraw: You have the right to withdraw from this agreement, but this right ends seven days after the date we deliver the products to you. You will not have to pay for any products and any amounts you have been charged will be repaid to you by way of a credit to your account within thirty days. HOWEVER, we may have delivered (or dispatched) the products you have ordered. In this circumstance, you must return the products to us and pay the costs in doing so. To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to withdraw. If you wish to withdraw, email our Customer Care Team at [email protected]; or write to Customer Care Centre Bernard Botegue Business Park,106/4 2nd Floor, Dutugemunu Street, Kohuwela, Dehiwela or complete the Contact Us form which can be found under the 'contact us' link on all pages of our website. Any products returned must be received by us in the same condition and, Please note that in addition to your right to withdraw, we operate an Exchange, Refund and Cancellation Policy. You should read this policy as this gives you extra benefits. This Policy may be found under Help and then Returns & Exchanges.
Terms and Conditions of Use
It is important that you carefully read these terms and conditions of use before you register with happiness.lk because your use of our web site is subject to them.
1.Terms and Conditions: Thank you for using happiness.lk, which is a trading name of Kiddies and Toys International (Pvt) Ltd. We provide services to you through our web site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. Current terms will be made available as soon as possible on the website. When you use our web site or any of our services you may be advised that special guidelines or rules apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions.
These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.
2.Description of Services: You are able to benefit by using our web site from a large number of online services and resources which include information, planners and directories, online retailing, and any other services which we may add from time to time. We also may remove certain services from our web site. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services.
We may discontinue providing certain or all of the services on all or part of the web site at our discretion and without notice to you. We will, however, endeavour to let you know of this via our site.
3.Registration: Certain services are only available if you complete the registration process. By completing the registration process, you are stating that you are at least eighteen years of age or a minor with parental consent or that of a guardian to use our web site. Please note: All minors are recommended to discuss these terms and conditions with their parents or guardians before completing the registration process.
In return for you using our web site and benefiting from our services, you agree to: provide true, accurate, current and complete information about yourself where required in the registration form, and to ensure that this information is kept accurate, complete and up to date. Once you have completed the registration process, you will have specified a username (email address) and a password. You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone because you will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.
4.Code of Conduct: You are responsible for anything which you transmit or receive to, from or via or post on our web site. We do not control or screen the content of what is posted to, from or via our web site by our members or third parties, and accordingly we do not guarantee its accuracy, integrity or quality or that it will not be objectionable to you. You should not place any reliance on, nor will we be responsible or liable for anything which has been transmitted or received, or ought to have been transmitted or received but was not. You are not permitted to use our web site or any of our services for any reason or purpose which is unlawful, defamatory, harmful or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other users. You are not permitted to transmit to, from or via or post on our web site anything which you do not have a clear right to use. You must ensure that you do not transmit or post on our web site any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.
You are not permitted to do anything which may disrupt in any way the operation of our web site and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our web site and our services by any other user.
Other than as expressly permitted, by us in writing, you are not permitted to use our web site to engage in any commercial activity of any form. We may be entitled at our discretion to refuse or remove anything which is transmitted to, from or via or posted on our web site which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this. We may record preserve and disclose anything which has been transmitted to, from or via or posted on our web site and the services, where required by law or where we are acting in good faith.
5.Proprietary Rights and Licences: All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
When you transmit or post any material to or on our web site, you grant to us non-exclusive, world wide, perpetual, royalty free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
6.Advertisements and Promotions: We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us. Happiness.lk or affiliate promotion codes can not be used in conjunction with any other promotion or offers.
7.External Links: We may provide or third parties may provide links or other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
Disclaimer of Warranties: You agree that:
8.1: your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights;
8.2: to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense; 8.3: no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions. If you have any questions about the above, please contact us on 0772201201, or email us at [email protected] or by writing to us at Happiness.lk Customer Care, Bernard Botejue Business Park, 106/4 2nd Floor, Dutugemunu Street Kohuwela, Dehiwela
8.Indemnity: You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
9.Limitation of Liability: To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.
10.Use and Storage: We may establish general practices and limits concerning the use of the web site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our web site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
11.Suspension and Termination: We may in our sole discretion suspend and/ or terminate registration or use of our web site or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.
12.Trade Mark Information: Happiness.lk is a registered trademark belonging to Kiddies and Toys International (Pvt) Ltd. You agree not to display or use either or both in any manner.
13.General: These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently). Data and certain other information you provide is subject to the term of our Privacy Statement, which can be accessed by clicking on the privacy statement section of our site under Help.
If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services. These terms and conditions will be interpreted and construed in accordance with the laws.
For up-to-date information on our services and all support facilities or if you are dissatisfied with our web site, our services or have any questions concerning these terms and conditions, please contact us on 0772201201 (International +94 772201201), at [email protected] or by writing to us at Happiness.lk Customer Care, Bernard Botejue Business Park, 106/4 2nd Floor, Dutugemunu Street Kohuwela, Dehiwela
Please note that where any submission is made jointly by two or more individuals, the duties and liabilities referred to below apply jointly and severally to each of such individuals
By submitting any content to Happiness.lk or successor, you represent and warrant that:
·you are the sole author and owner of the intellectual property rights thereto;
·all "moral rights" that you may have in such content have been voluntarily waived by you;
·all content that you post is accurate;
·you are at least 13 years old;
You further agree and warrant that you shall not submit any content:
1.that is known or ought reasonably to be known by you to be false, inaccurate or misleading;
2.that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3.that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
4.that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
5.for which you were compensated or granted any consideration by any third party;
6.that includes any information in whatever form that references directly or indirectly other websites, addresses, email or SMS addresses, contact information or phone numbers;
7.that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Happiness.lk Limited or successor (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers,), harmless from all claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising directly or indirectly out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Happiness.lk Limited a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email or SMS address in connection with your rating and review, you agree that Happiness.lk Limited or its successor and its third party service providers may use your address to contact you about the status of your review and other administrative purposes.
Customer Review Policy & Guidelines
Happiness.lk takes our customer feedback very seriously, so we can continually improve our products for other parents and children.
1.All reviews, both good and bad, are read by the relevant buyers or product technologists and where appropriate they will work to improve the product based on customer feedback
2.We post all reviews just as the customer has written them, as long as they only refer to the product and do not contain offensive language. We reserve the right not to post reviews which could offend or mislead, for example reviews containing any of the following types of content:
·Obscenities, discriminatory language, or other language not suitable for a public forum
·Advertisements, "spam" content, or references to other products, offers, or websites
·Email addresses, URLs, phone numbers, physical or geographical addresses or other forms of contact information
·Unfair or improper critical, or spiteful, comments on other reviews posted on the page or their authors
·Where a product has changed, we will edit or remove comments which no longer apply (both good and bad) so that other customers are not accidentally mislead
If you wish to share feedback with us about product selection, price match guarantee, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.
Thank you for writing a review.
On registering an account with Happiness.lk ("website") you will automatically be assigned a 'Persona' which you can access and activate from the 'My Account' page on the website. In order to participate in parts of website, including writing reviews, comments and sending private messages, registration is required.
Password and screen name
You are solely responsible for any and all use of your account. You agree to notify Happiness.lk ("Provide") immediately if you suspect any unauthorized use of your account or access to your password.
Your screen name and password are personal to you and must not be transferred or shared. Your screen name and password may only be used to access the Website from one device at a time.
When you register you will have to choose a "display name" if you wish to post and interact with our user generated content functionality. The display name is not editable once you have chosen it and its assigned to you as a "User". You may change your email address, and password at any time in the My Account section of the Website.
You may not select as your display name the name of another person with the intent to masquerade as that person or use a screen name that Provider in its sole discretion deems offensive.
You are entitled to use and access the Website in accordance with this Agreement and other terms and conditions until your registration is terminated in accordance with the applicable terms and conditions.
Each registered User is responsible for the security and proper use of their user name and password and must not disclose either. It is each registered User's responsibility to change their password immediately if they believe it has been compromised. It is also advisable to change these details frequently even if not considered compromised.
Termination or suspension
We may suspend or terminate a User's Persona registration if these terms and conditions are breached, in particular paragraph (see 'Content Posted').
Ratings and Reviews
Ratings and Reviews on the Website are intended to allow customers who have purchased a product to give public feedback about that product and their experience with it. Where a customer has feedback other than their experience with the product, they are encouraged to contact our customer contact team directly as per the details on the contact us page.
All content created by customers for the Website will be moderated before going live on the website. If content is deemed unacceptable (see 'unacceptable content'), Happiness.lk will not post the content to the live site. In these instances, the user will be notified. We aim to post all acceptable content to Happiness.lk within 7 working days.
Acceptance of user generated content access
This Agreement sets forth the legally binding terms for your use of the Website. Only private individuals aged 18 years or over are permitted to register for use of the Website and to use the Services. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.
You are solely responsible for the Content that you post on or through the Website or any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Provider does not endorse and has no control over content posted by Users. Content is not necessarily reviewed by Provider prior to posting and does not necessarily reflect the opinions or policies of Provider. Provider makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit.
Where the Provider can see that a product review has been submitted by someone who has not purchased that product, the Provider may block that review. In all cases of a review being blocked, the user will be contacted to explain the reason for the block.
Provider assumes no responsibility or liability for this material. If you become aware of misuse of the Website or the Services by any person, please use the contact us link next to any User generated content. You must be logged in as a Website Member in order to report inappropriate content through this link.
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Website or the Services. Provider reserves the right to investigate and take action against any User who, in the opinion of Provider, violates this provision. This may include, without limitation, removing the offending communication from the Website or the Services, preventing access to the Website and the Services and/or terminating access, the Website Membership of such violators and/or reporting to law enforcement authorities or regulatory bodies. Prohibited content or activity includes, but is not limited to content or activity that, in the opinion of Provider:
2.promotes racism, terrorism, hatred or physical harm of any kind against any group or individual or links to websites that promote the same;
3.harasses or advocates harassment of another person;
4.exploits people in a sexual or violent manner;
5.contains pornography, violence, or offensive subject matter or contains a link to an adult website;
6.solicits personal information from anyone under 18;
7.provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual;
8.provides any telephone numbers, street addresses, email addresses or other contact details of any public figure;
9.promotes information that you know or have reason to believe is false or misleading or promotes illegal activities or conduct that is objectionable, abusive, threatening, obscene, defamatory or libellous;
10.promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files or file sharing;
11.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
12.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
13.furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
14.solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Provider reserves the right to investigate and take appropriate legal action against anyone who, in the opinion of Provider, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
1.criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement, breach of confidence or theft of trade secrets;
2.advertising to, or solicitation of, any User to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. User may not use, advertise or solicit any content for commercial gain or use.
3.covering or obscuring the banner advertisements on your personal profile page, or any page on the Website via HTML/CSS or any other means;
4.any automated use of the system, such as using scripts to perform automated operations;
5.interfering with, disrupting, or creating an undue burden on the Website or the Services or the networks or services connected to the Website of the Services;
6.attempting to impersonate another Website Member or person;
7.using the account, screen name, or password of another Website Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.selling or otherwise transferring your profile;
9.using any information obtained from the Website or the Services in order to harass, abuse, or harm another person;
10.displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website of the Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose;
11.using the Website or the Services in a manner inconsistent with any and all applicable laws and regulations;
12.modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
13.making available or uploading files that contain software or other material, data or information not owned or licenced to you or collecting information about others (eg names/addresses) without their prior consent;
14.making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, "Trojan horses", "worms" or any other harmful software;
15.falsifying the true ownership of software or other material or information contained in files made available via the Website or the Services; or
16.Obtaining or attempting to obtain unauthorised access, through whatever means, to the Website or the Services, other services or computer systems or areas of our networks which are identified as restricted.
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights, this also includes the use of copyrighted images for profile pictures/avatars. Provider prohibits use of the Website and/or the Services of any User who infringes the copyright of others. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website and the Services by another User in a way that constitutes copyright infringement, please notify us via the "Report Abuse" link accompanying the content in question. We will take such action (if any) that we in our absolute discretion deem appropriate.
Website member disputes
You are solely responsible for your interactions with other Users. Provider reserves the right, but has no obligation, to monitor disputes and other interactions between you and other Users through the Website.
Proprietary rights in content on the website
Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, or any other materials that you post or email to the Website or the Services (collectively, "Content"). After posting or emailing your Content to the Website or the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use such Content in any way you choose. By displaying, emailing, publishing or submitting for display or publication ("posting") any Content on or through the Website or the Services, you hereby grant to Provider a Worldwide sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to use in any way whatsoever including but not limited to, public performance, public display, publishing, reproduction, broadcasting, amendment or modification of Content, transmission and distribution of Content on and through the Website, the Services and/or any newspaper or other publication published by Provider in its different present and future forms for example newsprint, Braille, talking book, electronic databases, e-paper, website mobile application or any other facsimile or derivative versions in any medium. The rights granted include without limitation the right to license photocopying, scanning, downloading in electronic or other forms and other normal use for the purpose of information or study or as otherwise permitted by copyright law.
You represent and warrant that: (i) you own the Content posted by you on or through the Website or the Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the Website or the Services does not violate the privacy rights, copyright, contract rights or any other rights of any person, or otherwise breach any injunction, order or other legal ruling. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to or through the Website or the Services. You acknowledge that Content submitted will not be returned.
The Website and/or the Services contain Content owned by Provider ("Provider Content"). The Provider Content is protected by copyright, trademark, patent, trade secret and other laws. Provider owns and retains all rights in the Provider Content and the Website and the Services. Provider hereby grants you a limited, revocable, non-sublicensable license to retrieve and display the Provider Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
The Website and the Services contain content owned by Users and other licensors to Provider ("Third Party Content"). Except for Content posted by you and in which you retain ownership rights, you may not unless and to the extent otherwise specifically authorised by Provider copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the Services. You may retrieve and display content from the Website or the Services on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal con-commercial use to the extent necessary to view the Website and make reasonable use of the Services.
Provider is not responsible for any incorrect, inaccurate or otherwise, content posted on the Services or the Website or in connection with the Website or the Services, whether caused by Users of the Website or the Services or by any of the equipment or programming associated with or utilized in the Website or the Services. Profiles created and posted by Website Members on the Website or the Services may contain links to other websites although we are not responsible for any User generated links or linked-to content. Provider is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Provider. Inclusion of any linked website on the Website and the Services does not imply approval or endorsement of the linked website by Provider. When you access these third-party sites, you do so at your own risk. Provider takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Provider is not responsible for the conduct, whether online or offline, of any User of the Website or the Services. Provider assumes no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any content provided through the Website. Provider is not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Services. Under no circumstances shall Provider be responsible for any loss or damage resulting from use of the Website or the Services, attendance at an event organised through the Website or the Services, from any content posted on or through the Website or the Services, or from the conduct of any Users of the Website or the Services, whether online or offline. The Services are provided "AS-IS" and as available and Provider makes no representations or warranties of any kind as to the Website, the Services or the content thereof, including without limitation, as to availability of the Website and/ or Services for access and use. In particular Provider expressly disclaims all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. Provider cannot guarantee and does not promise any specific results from use of the Website and the Services. Nothing in this Agreement shall be construed as limiting or excluding Provider's liability for death or personal injury caused by its negligence.
Choice of law and jurisdiction
This Agreement shall be governed by and interpreted in accordance with law and you irrevocably agree that the courts of Sri Lanka shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Agreement. Nothing in this clause limits the right of Provider to bring proceedings against you arising out of or in connection with the Agreement (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
You agree to indemnify and hold Provider, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Website or the Services in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Website Member. This Agreement constitutes the entire agreement between you and Provider regarding the use of the Website and the Services. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.