TERMS AND CONDITIONS

This Agreement was last revised on August 6, 2019

INTRODUCTION

www.findit.lk welcomes you. We provide you access to our services through our “Website” (defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you.  By accessing and using this website, you accept that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then kindly do use the Website. 

DEFINITIONS

• “Agreement” is a refers to these Terms and Conditions, the Privacy Policy, Cookies Policy and other documents of the website provided to you.
• “Privacy Policy” means findit.lk/privacy the policy is shown on our “Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website.
• “User”, “You” and “your” are refers to the person who is accessing for taking any service from us. User shall also refer to the company, partnership, sole trader, person, body corporate or association taking services of this website.
• “We”, “us”, “our” and “Company” are references to FINDIT office at Kotte.
• ”Website” shall mean and include "https://findit.lk, mobile application and any successor website or mobile application of the Company or any of its affiliates.
• "Applicable Law" means in respect of a person, any statute, law, regulation, ordinance, rule, judgment, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority or other requirements of any governmental or regulatory authority, to which such person is subject.
• “User Account” shall mean an electronic account opened by the Buyer/User with the Platform to purchase the Products offered through the Website.

INTERPRETATION

• All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

• Acceptance: By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the terms of the Agreement identified above. In case you do not accept the terms, then kindly do not use the Website. If you are agreeing with these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c)  neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
• Scope: These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
• Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

www.findit.lk is all about discovering new things around you. We want to be your daily partner in your life’s new adventures. FindiI is the biggest online hub in Sri Lanka that lets you discover the latest deals, events, offers, and promotions across the country. With FindiI, you can find the best facilities a place has to offer, ranging across a wide variety of domains from movies to furniture. Whether it’s a small business or a large one, FindiI is a one-stop destination that provides an effective digital platform for promoting your business.

The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.

REGISTRATION INFORMATION

If you access this website anonymously, you will not be required to create a user name. But, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

WEBSITE CONTENT

We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Websites.

All proprietary rights relating to any third party links, content or resources published on the Websites remain with the original source or the author(s) of that material and where any content has been commissioned by us for publication on the Websites, any proprietary rights in such content remain with the relevant author, unless otherwise agreed or specified.

For all other content published on the Websites, the Website reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Websites; this includes all text, graphics, photographs, logos and/or other items that appear on the Websites. We also reserve its rights over the Websites’ template, including its layout and structure. Visitors are not authorized to use the Website’s name, logo or likeness without prior consent.

The content, links and resources on the Websites are provided for general information only. It is not intended to amount to advice on which Visitors should rely. Visitors must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. While we make our best possible efforts to update the website regularly, we do not make any kind of representations, warranties or guarantees, whether express or implied, that information provided in the Website is accurate, up to date or complete.

CONTENT

Content Responsibility

You are alone accountable for the content posted by you and once the content is delivered by you, it is not always be withdrawn. It is you all your risk and accountability towards the reliability and quality. You represent that you have required permission to use the content.

When posting content to us, please do not post content that:

• Include any vulgar, abusive, hateful or racist remark or language or expressions, text, any photo that are pornographic or in bad taste, proactively attacks of a persona, religious or racial nature.
• is offensive, intimidating, disapproving, grossly inflammatory, untrue, deceptive, fake, inaccurate, unfair, contains gross overstatement or unproven claims
• infringes the privacy rights of any third party is unnecessarily damaging or unpleasant to any individual or public
• differentiates on the basis of race, religion, national origin, sex, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
• infringes or unsuitably encourages the damage of any municipal, state, federal or international law, rule, regulation or ordinance
• practices or try to use another's account, password, service or system except as specifically permitted by the Terms of use uploads or transmits viruses or other destructive, disturbing or disparaging files
• sends frequent messages connected to another user and/or makes disparaging or unpleasant comments about another individual or repeats prior posting of the same message under multiple emails or subjects
• Information or data which are unlawfully obtained

Our staff reviews all content submitted for posting. Staff can revise provided information and content at their option. Any provided content that comprises, but is not limited to the following, will be amended or rejected. If recurring violations happen, we reserves the right to cancel user access to website without advanced notice.

SERVICE GUARANTEE

By this website:

• We provide an opportunity for you to avail the offered Services from our website.
• We does not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/s is not as described, your sole remedy is to intimate us about Services for taking further action.

GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

GENERAL CONDITIONS

• You shall use the website for a lawful purpose and comply with all the applicable laws while using the website.
• You shall not upload, any content that: ◦ Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
• You shall not trail, bully or harass another person.
• You may not buy or sell any Users accounts.
• You shall not use or access the website for collecting any market research for some competing business.
• You shall not misrepresent or personate any person or entity for any false or illegal purpose.
• You shall not use any virus, hacking tool for interfering in the operation of the website or data and files of the website.
• You will not any device, scraper or any automated thing to access the website for any mean without taking permission.
• You will inform us about any inappropriate content or  you can inform us if you find something illegal.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content.

EXCLUSION OF LIABILITY

In no event shall FindiI.lk, nor its directors, employees, partners, agents, suppliers, or affiliates, be responsible for any indirect, incidental, special, eventful or exemplary damages, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your unrelenting use of the Website or Services ensuing notice of the Modifications (or posting of the Terms incorporating the Modifications in the event your email address is no longer lawful, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date, the Changes are posted to the Website.

THIRD PARTY LINKS

The website may comprise links to external or third-party websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure when you are downloading files from all these websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Every effort have been taken to ensure that the information offered on this Website is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error-free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever , whether express or implied, relating to fitness for purpose, or accuracy.

DISCLAIMER

THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY HTTPS://FINDIT.LK.

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ALTHOUGH FINDIT SEEKS TO MAINTAIN SAFE, SECURE, ACCURATE, AND WELL-FUNCTIONING SERVICES, WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES, AND THERE MAY AT TIMES BE INADVERTENT TECHNICAL OR FACTUAL ERRORS OR INACCURACIES.

• A) NO WARRANTIES.

  FINDIT SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS

  • a. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
  • b. ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ANY/ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. FINDIT IS NOT RESPONSIBLE FOR THE LOSS OF, DAMAGE TO, OR UNAVAILABILITY OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE BACKUP COPIES OF ANY INFORMATION YOU HAVE MADE AVAILABLE THROUGH THE SERVICES.

• B) NO GUARANTEE OF ACCURACY.

  FINDIT DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES.

• C) SERVICES PROVIDED FOR INFORMATIONAL PURPOSES.

  FINDIT IS NOT A FINANCIAL INSTITUTION OR INSURANCE PROVIDER. FINDIT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, FINDIT RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF ACCOUNTANTS OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.

• D) NO WARRANTIES REGARDING THIRD PARTIES. FINDIT MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY THIRD PARTY SERVICE OR ADVICE PROVIDED BY A THIRD PARTY, OR ANY QUOTES OR OFFERS PROVIDED THROUGH THE SERVICES. FINDIT DOES NOT ENDORSE ANY PARTICULAR ADVISOR OR OTHER THIRD PARTY. FINDIT ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THIRD PARTY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS. SEE SECTION 3, ABOVE, FOR MORE INFORMATION REGARDING THIRD PARTIES AND THIRD PARTY SERVICES.

EVERY EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, FINDIT TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.

IF YOU REQUIRE ANY MORE INFORMATION OR HAVE ANY QUESTIONS ABOUT OUR SITE'S DISCLAIMER, PLEASE FEEL FREE TO CONTACT US BY EMAIL AT [email protected].

COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

ENTIRE AGREEMENT

These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and any modifications must be in a writing signed by both parties, except as otherwise provided herein.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of The People's Republic of Sri Lanka without giving effect to any principles or conflicts of law. The courts of the Sri Lanka shall have exclusive jurisdiction over any dispute arising from use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

HOSTING SERVICES 

We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at  [email protected].