Terms & Conditions

TERMS & CONDITIONS

TERMS & CONDITIONS
"PettahKade.lk" means the website owned and managed by Pettah Kade

 

TERMS & CONDITIONS

Use of content

§  The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites ("the Services").

§  You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.

§  You agree that the Sites and the Services are for your own personal use only on a single computer or device.

You may not:

§  Remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions.

§  Reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law) with the exception of the source code provided on the site.

§  Copy or use any material from the Sites and/or the Services for any commercial purpose.

§  Remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.

§  Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.

§  You may establish a link or "deep link" to the Sites from your site, provided that you have obtained Pettah Kade's prior written consent and that at Pettah Kade's sole discretion, the context is relevant and the link or its description is not detrimental to Pettah Kade's.

§  Users that are not subscribers to the Pettah Kade acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of Pettah Kade in the interest of fully subscribed customers of the Pettah Kade.

§  Some areas of the sites or services may not be accessible for you even you are a subscribed customer of Pettah Kade's, depending on the subscribed services and credit limits.

Your obligations

§  You warrant that you will only use the Sites and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorise or permit any other party to):

§  receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;

§  circumvent user authentication or security of any host, network or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or network (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Pettah Kade's legitimate web pages (referred to as "page-jacking") or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and Pettah Kade will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;

§  knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Pettah Kade or other Internet users;

§  hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy Pettah Kade's reputation or the reputation of any third party.

§  You acknowledge that chat, discussion group or bulletin board services and similar services offered by Pettah Kade ("Public Communication Services") are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. Pettah Kade shall not be responsible for, and does not control or endorse any Content of any Public Communication Services.

§  If any information provided by you is untrue, inaccurate, not current or incomplete, Pettah Kade has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.

Your information

§  Pettah Kade's usage of your personal information is governed by the Pettah Kade privacy Policy Statement.

Proprietary rights

§  5.1. All Trade Marks used on the Sites and/or the Services are the trade marks of Pettah Kade or one of Pettah Kade's affiliates or partnered companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Pettah Kade or the Trade Marks.

§  5.2. You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Pettah Kade, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.

§  5.3. You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any licence or other transfer of rights to you of any intellectual property or other proprietary rights of Pettah Kade, any member of the Pettah Kade partnerships or any third party, whether by estoppel, implication or otherwise.

§  5.4. Pettah Kade assumes no responsibility for the violation of any third party copyrights, trademarks, service marks, patents, or other proprietary rights and laws by the third party web sites which are linked to this Site.

Costs

§  6.1. Use of the Sites is currently free. However, Pettah Kade reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.

§  6.2. You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.

Liability for content

§  7.1. It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.

§  7.2. The Sites and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Pettah Kade, nor any of its employees, nor any member of the Pettah Kade's affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.

§  7.3. In the event of an error or mistake whether technical or human, Pettah Kade reserves the right to cancel any order placed by the customer at any time at its sole discretion and refund the payment back to the customer

§  7.4. You acknowledge that Pettah Kade is unable to exercise control over the security or subject matter of Content passing over the Pettah Kade Network, the Sites or via the Services and Pettah Kade hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

Liability for third party content

§  8.1. The Sites contains links to web sites, web pages, products and services also operated or partnered by Pettah Kade and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed as incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or web page or attached to the relevant products or services shall prevail over these Terms and Conditions.

§  8.2. Pettah Kade assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites.

§  8.3. The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. Pettah Kade accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

§  8.4. Subject to Clause 13, you agree that PETTAH KADE does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and PETTAH KADE is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, PETTAH KADE reserves the right to edit, bar or remove any Services and/or Content, at any time as PETTAH KADE in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

 

Exclusion of liability

§  9.1. Nothing in these Terms and Conditions shall act to limit or exclude PETTAH KADE's liability for death or personal injury resulting from PETTAH KADE's negligence, fraud or any other liability, which may not by applicable law be limited or excluded.

§  9.2. PETTAH KADE shall use its reasonable endeavours to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, user congestion of the PETTAH KADE Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.

§  9.3. Neither PETTAH KADE nor any member of the PETTAH KADE shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, PETTAH KADE specifically excludes all liability whatsoever in respect of any loss arising as a result of: 
a) use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, nondeliveries, missed deliveries, or service interruptions; 
b) and defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.

§  9.4. All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

§  9.5. Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.

§  9.6. PETTAH KADE makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material maybe downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.

Variation

§  10.1. PETTAH KADE reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and / or the Services or access to part or all of them at any time.

§  10.2. PETTAH KADE reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective immediately after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.

§  10.3 PETTAH KADE offers values additions such as "warranty""cash on delivery" , "14 day money back" and " delivery" at the discretion of PETTAH KADE and its partners in good faith. Specifics of such value additions are detailed in the FAQ section of the site. PETTAH KADE Reserves the right to revise Terms and Conditions governing these value additions.

Indemnity

§  11.1. You hereby agree to fully indemnify and to hold PETTAH KADE harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to PETTAH KADE by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by PETTAH KADE in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.

§  11.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against PETTAH KADE arising from the above claims and shall provide PETTAH KADE with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

Monitoring / recording of communications

§  12.1. Monitoring or recording of your calls, emails, text messages or other communications may take place when required in accordance with the law, and in particular for PETTAH KADE's business purposes, such as for quality control and training, to prevent unauthorised use of PETTAH KADE's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

Profligate use

§  Profligate use of the PETTAH KADE GPRS/Data Network is prohibited. PETTAH KADE considers that any application which transmit live video, live audio or make similar excessive traffic demands across the PETTAH KADE Network by whatever means, unless provided by PETTAH KADE, constitutes making profligate use of the PETTAH KADE Network. Use of IP Multicast, other than by means provided and co-ordinated by PETTAH KADE is also prohibited.

Termination

§  14.1. PETTAH KADE may elect to suspend, vary or terminate the Services and the Sites at any time without prior notice for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.

§  14.2. PETTAH KADE may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, delayed or non payment of sums due to PETTAH KADE or if PETTAH KADE ceases to offer the Sites and the Services to its customers for any reason whatsoever.

General

§  15.1. Governing Law and Jurisdiction - These Terms and Conditions are governed by and construed in accordance with the law of Sri Lanka and you hereby submit to the exclusive jurisdiction of the Sri Lankan courts. 15.2. Severability - These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

§  15.3. Waiver - PETTAH KADE's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PETTAH KADE in writing.

§  15.4. Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.

§  15.5. Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by PETTAH KADE forthwith. PETTAH KADE may assign these Terms and Conditions in whole or in part to any third party at its discretion.

§  15.6. Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained in this Agreement.

§  15.7. Force Majeure - PETTAH KADE shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom PETTAH KADE is not responsible.

Definitions

§  "Access Information" means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or CLI or similar recognition device;

§  "Content" means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics; "Functionalities" means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;

§  "Services" has the meaning given to it in Clause 2.1;


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