Terms and Condition of Use

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the web sites operated by Lanka Electronics ("LankaElectronic.com"). This Agreement is entered into between you as the user of this Site (the" User").

1. Application and Acceptance of Terms and Conditions.

1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by LankaElectronic.com or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

2. Premium Services(Employees).

2.1 Access to and use of the Site and certain of its features and functions provided to all Users are free of charge. However, LankaElectronic.com reserves the right, without prior notice, to restrict access to or use of certain areas or features or functions of the Site ("Premium Services") to paying Users or Users who undergo a specific registration and/or verification process. Access to and uses of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.

2.2 Features and functions of any Premium Service may vary for different countries and regions.  No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.

2.3 LankaElectronic.com reserves the right in its sole discretion to restrict or deny service (including any Premium Services) to any User for whatever reason in order to protect the interests of LankaElectronic.com.

3. Users Generally.

3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the " LankaElectronic.com Content") for the purpose of re-selling, re-distributing or re-publishing the LankaElectronic.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with LankaElectronic.com, or otherwise commercially exploiting the LankaElectronic.com Content.  Systematic retrieval of LankaElectronic.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from LankaElectronic.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

3.2 Some of the LankaElectronic.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). LankaElectronic.com is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. LankaElectronic.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, LankaElectronic.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.

3.3 LankaElectronic.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third parties' web sites. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that LankaElectronic.com has no control over such third parties' web sites, does not monitor such sites, and LankaElectronic.com shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such websites.

3.4 LankaElectronic.com reserves the right to limit, deny or create different access to and use of the Site and its features and functions with respect to different Users, or to change any of the features and functions or introduce new features and functions without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall LankaElectronic.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

3.5 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by LankaElectronic.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.  No User may take any action which may undermine the integrity of LankaElectronic.com’s feedback/comment system, such as leaving positive feedback/comment for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback/comment for another Member.

3.6 We urge that you read LankaElectronic.com’s Privacy Policy which governs the protection and use of each User's information in the possession of LankaElectronic.com and/or its affiliates. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that LankaElectronic.com may change the Privacy Policy from time to time provided that LankaElectronic.com shall make available the updated version of the Privacy Policy on the Site at all times. Your continuation of use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

3.7 As a condition of your access to and use of LankaElectronic.com, you agree that you will not use the LankaElectronic.com services to infringe the intellectual property rights or other legitimate rights of others in any way.  For Users who are the subject of repeat complaints of infringement on copyrights or other intellectual property rights and legitimate rights of others, LankaElectronic.com and/or its affiliates may place restrictions on the number of product listings that these Users are allowed to post on the Site for such duration as they may in their sole discretion consider appropriate.  In appropriate circumstances, LankaElectronic.com and/or its affiliates may also suspend or terminate the accounts of these Users. In addition, LankaElectronic.com and/or its affiliates reserves the right to terminate the account of a User upon any single infringement of the rights of others in conjunction with use of the LankaElectronic.com services, or if LankaElectronic.com believes that User's conduct is harmful to the interests of LankaElectronic.com, its affiliates, or other users, or for any other reason in LankaElectronic.com sole discretion, with or without cause.

4. Registered Users

4.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to LankaElectronic.com providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias("User ID") and password ("Password") for log-in access to its own Account.

4.2 A web-based email account with limited storage space may be assigned to the User to send or receive email (the "Email Account"). The Registered User shall be responsible for all uses and the content of all the messages communicated through its Email Account, as well as the consequences of any such messages.

4.3 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to LankaElectronic.com and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

4.4 By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize LankaElectronic.com and its affiliates to share such information with other Users.

4.5 LankaElectronic.com or its affiliates may impose the limitations on or suspend or terminate the use of a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in LankaElectronic.com’s determination, there is any breach of the provisions of this Agreement and other terms, rules and policies for the uses of any services on a Site by the Registered User; or (b) LankaElectronic.com has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) LankaElectronic.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, LankaElectronic.com other Users, or LankaElectronic.com or its affiliates.If the Registered User is in breach of any provisions of this Agreement or other terms, rules and policies for uses of any services of a Site, LankaElectronic.com also reserves the right to publish the records of such breach on a Site.  If such breach involves any dishonest or fraudulent activities, LankaElectronic.com also reserves the right to disclose the records of such breach to its affiliates including without limitation Paypal,Moneybookers,etc and to request such affiliate to impose limitations on, suspect or terminate the Registered User’s of all or part of the services provided by such affiliates and to take other remedial actions such as directing payments out of the Registered User’s Paypal, Moneybokers account and to publish the records of such breach on the websites operated by or controlled by LankaElectronic.com’s affiliates.

4.6 The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

4.7 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of LankaElectronic.com. LankaElectronic.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
4.8 Notwithstanding Section 4.1 above, LankaElectronic.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.

5. Transactions between Buyers and LankaElectronic.com

5.1 Through the Site, LankaElectronic.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers (“LankaElectronic.com”).  LankaElectronic.com reserves the right to limit certain features and functions of the platform to prescribed Registered Users.

5.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. LankaElectronic.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, LankaElectronic.com cannot and does not confirm each User's purported identity.

5.3 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

5.4 User agrees to provide all information and materials as may be reasonably required by LankaElectronic.com in connection with its transactions made via the transactional platform on the Site.  LankaElectronic.com has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials.

5.5 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify LankaElectronic.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

6. Limitation of Liability

6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND LANKAELECTRONIC.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANKAELECTRONIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, LANKAELECTRONIC DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND LANKAELECTRONIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

6.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from LankaElectronic.com or through or from the Site shall create any warranty not expressly stated herein.

6.4  The Site may make available to User services or products provided by independent third parties.   No warranty or representation is made with regard to such services or products.   In no event shall LankaElectronic.com and its affiliates be held liable for any such services or products.