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TERMS OF USE
1. INTRODUCTION
1.1 These Terms of Service (hereinafter “Terms”) form a contract between you (hereinafter sometimes referred to as “HARDWAREMART USER” “USER”, “YOU”, “YOURS”) and HardwareMart (Private) Limited (hereinafter sometimes referred to as “HARDWAREMART”) and sets out the terms and conditions that governs your usage of the HardwareMart Website. These Terms is an electronic record in terms of the Electronic Transactions Act. No 19 of 2006 and rules thereunder as applicable and the amended provisions on electronic records in various statutes as amended by the Electronic Transactions Act No. 19 of 2006.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2 When you register as an HardwareMart Account Holder, you agree that you have read, understood and accepted all the terms and conditions contained in this Agreement.
1.3 HardwareMart Website is owned and operated by HardwareMart (Private) Limited.
1.4 HardwareMart (Private) Limited is a company registered under the Company Laws in the Democratic Socialist Republic of Sri Lanka under Company Registration Number PV 123595 with the registered office located at No 12, Sudharman Mawatha, Rajamaha Vihara Road, Mirihana, Kotte, Sri Lanka (hereinafter sometimes referred to as HardwareMart, Us, We, Our as the context requires.
1.5 You and HardwareMart may jointly be called and referred to as the “Parties” and individually as “Party”.
1.6 HardwareMart is an online platform that presents you with a virtual storefront from which you can select, order and purchase goods and services (hereinafter referred to as the “Platform”). We use the platform to sell our products that are available in our physical showrooms to our customers. We may provide links to third party websites of affiliated companies and other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these third-party merchants, businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties.
1.7 When you use the HardwareMart Platform to place an order for goods or services, you authorize the purchase and delivery of those goods through HardwareMart.
Your order is a legal offer to HardwareMart to buy the product or service displayed on our platform. When You place an order to purchase a product or a service, any confirmations or status updates received before the dispatch of your order serves to validate the order details provided and in no way implies the confirmation of the order itself. The acceptance of your order is considered confirmed when the payment for the product or service is received. If your order is dispatched in more than one package, you may receive separate dispatch confirmations. Upon time of placing the order, we indicate an approximate timeline that the processing of your order will take. However, we cannot guarantee this timeline to be rigorously precise in every instance as we are dependent on third-party service providers to preserve this commitment. We shall endeavour to make every reasonable effort to ensure that the indicative timeline is met. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services.
1.8 These Terms set out the basis on which we permit you to access the Platform. By accessing and using the Platform, you agree to be bound by these Terms.
1.9 You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and HardwareMart, HardwareMart does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Platform.
1.10 Unless otherwise indicated, all prices and other amounts are in Sri Lankan Rupees (SLR) and are final.
1.11 Occasionally there may be information on the Platform that contain typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions, offers, and product availability. HardwareMart reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Platform is inaccurate at any time without prior notice.
2. YOUR USE OF THE PLATFORM
2.1 HardwareMart grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for your intended purposes subject to your compliance with these Terms.
2.2 We grant you access to the Platform on the basis that You:
(a) Have the full legal capacity to enter into this legal agreement;
(b) Will comply with these Terms at all times; and
(c) Will comply with any reasonable request by us concerning your use and access to the Platform.
(d) You may not copy, modify, distribute, sell, or lease any part of the Platform.
(e) You may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that HardwareMart provides for that purpose (for example, you may not “scrape” the Platform through automated means or “frame” any part of the Platform), and you may not interfere or attempt to disrupt the Platform.
2.3 In accessing or using the Platform, you must ensure that you do not:
(a) Breach any laws, or encourage or assist the commission of any illegal act;
(b) Infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
(c) Include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform;
(d) Impersonate any other person;
(e) Negatively impact any other User’s ability to access and use the Platform; or
(f) Publish or link malicious content.
2.4 If you are using HardwareMart on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
2.5 To use the Platform, you agree to create a HardwareMart user account.
2.6 You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Platform and you will respect those whom you encounter in your use of the Platform.
2.7 HardwareMart may only be used by individuals who can form legally binding contracts under applicable law. HardwareMart Application is not available to minors (persons under the age of 18).
3. RIGHTS AND RESPONSIBILITIES OF HARDWAREMART
3.1 HardwareMart reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time at its sole discretion.
3.2 HardwareMart may introduce new features, change existing features, or remove features from the Platform at any time and without notice. Changes will be effective when posted on HardwareMart with no other notice provided. Please check these Terms of Service regularly for updates. Your continued use of HardwareMart following the posting of changes constitutes your acceptance of those changes.
3.3 If you provide HardwareMart with any feedback on or comments regarding the Platform, you grant HardwareMart the right to use such feedback or comments for any purpose without restriction or payment to you.
3.4 HardwareMart may carry out marketing and promotional campaigns at its sole discretion on various occasions.
3.5 Delivery of your order by HardwareMart within the areas shall be on time, based on our availability and permitted limitations from relevant authorities.
4. HARDWAREMART COMMUNICATIONS
By creating a HardwareMart user account, you agree to accept and receive communications from HardwareMart, including via email, text message, calls, and push notifications to the telephone number and /or email address you provided to HardwareMart.
5. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
5.1 The services are provided “as is” and “as available.” To the maximum extent permitted by applicable law, hardwaremart disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties, quality, and fitness for a particular purpose, durability, title, and non-infringement. In addition, to the maximum extent permitted by applicable law, hardwaremart makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the platform, any services provided by or third-party providers, or goods requested through the use of the platform from retailers, or that the platform will be uninterrupted or error-free. hardwaremart does not guarantee the quality, suitability, safety or ability of, third-party providers, or retailers. You agree that the entire risk arising out of your use of the platform, any services provided by suppliers. Third-party providers, or any goods or services requested by you or delivered to you, remains solely with you.
5.2 To the maximum extent permitted by applicable law, you agree that neither hardwaremart nor its affiliates, partners, licensors, or suppliers are responsible for the fitness or conduct of any third-party provider or any services provided by any third-party provider. Neither hardwaremart nor its affiliates, retail partners, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any third-party provider.
5.3 If you have a dispute with one or more third-party suppliers, you agree to release HardwareMart (including HardwareMart’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
6. LIMITATION OF LIABILITY, SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
6.1 This provision applies to the maximum extent permitted by applicable law. In no event shall HardwareMart (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the platform, or these terms, however arising including negligence, even if HardwareMart or HardwareMart’s agents or representatives know or have been advised of the possibility of such damages.
6.2 In no event shall HardwareMart (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the platform, any services provided by third-party providers, or any goods requested by you or delivered to you, even if HardwareMart or HardwareMart’s agents or representatives know or have been advised of the possibility of such damages.
6.3 HardwareMart, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to the platform, any services provided by third-party providers, or any goods requested by you or delivered to you for more than the amount paid by you to HardwareMart for the services.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless HardwareMart and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Platform or any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
8. DISPUTES
If you have a dispute with HardwareMart arising out of your use of the Platform, you agree to contact HardwareMart first and attempt to work out any such dispute amicably.
9. TERMINATION
9.1 HardwareMart may, at its sole discretion, without any liability or notice to you, refuse to permit you to open an account, suspend your account or terminate your account or restrict your usage of the Platform. Such actions may be taken as a result of account inactivity, failure to accurately identify yourself, Your breach of any applicable laws, rules, or regulations, or your breach or violation of any of the terms and conditions of this Agreement.
9.2 You may terminate this Agreement at any time by closing your account and discontinuing the use of the Platform. Provided that, you shall be liable for all transactions made while the account was active.
9.3 Further HardwareMart may elect to suspend, vary, or terminate the HardwareMart website at any time without prior notice for repair or maintenance work or to upgrade or update the website or for any other reason whatsoever.
10. GOVERNING LAW
This agreement shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka and any dispute between the parties arising from or relating to this Agreement shall be subject to the jurisdiction of a competent court in Colombo Sri Lanka.
11. AVAILABILITY OF THE PLATFORM
While we take all reasonable steps to limit any interruptions to your access to the Platform, you acknowledge and agree that:
(a) Your access to the Platform may be prevented by issues outside of our control;
(b) We do not promise continuous or error-free access to the Platform;
(c) The functionality of the Platform may change or be improved from time to time.
12. ENTIRE AGREEMENT AND SEVERABILITY
These Terms, subject to any amendments, modifications, or additional agreements you enter into with HardwareMart, shall constitute the entire agreement between you and HardwareMart concerning the Platform and any use of the Platform. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
13. NO WAIVER
HardwareMart’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future concerning that provision, any other provision, or these Terms as a whole.
14. ASSIGNMENT
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. HardwareMart may assign its rights, licenses, and obligations under these Terms without limitation.
15. CHANGES TO THE TERMS
HardwareMart may make changes to these Terms from time to time. When HardwareMart does so, HardwareMart will post the most current version of the Terms on HardwareMart’s website and, if a revision to the Terms is material, HardwareMart may notify you of the new Terms (for example, by email or a notification on the Platform). Changes to these Terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Platform. Your continued use of HardwareMart following the posting of changes to these Terms constitutes your acceptance of those changes.
16. COPYRIGHT AND TRADEMARK POLICY
16.1 HardwareMart respects the intellectual property rights of others. HardwareMart will respond to valid notices of copyright infringement and reserves the right to terminate any users, at HardwareMart’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
16.2 HardwareMart reserves all right, title and interest in and to HardwareMart Intellectual Property and, no title to or ownership of any of the HardwareMart Intellectual Property are transferred or licensed to the User or any other person according to this Agreement.
17. SUPERIOR FORCE
We shall have no liability for any failure or delay in delivery resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, natural disasters or other acts of God and internet disturbances.
18. CONTACT INFORMATION
If you have any questions, or comments about these Terms please contact HardwareMart at:
- Address: No 573, Kandy Road, Eldeniya, Kadawatha, Sri Lanka.
- E-Mail: [email protected]
- Contact Number: +94 117 966 388
