Terms and Conditions
Updated: 12 June 2019
TERMS AND CONDITIONS OF WEBSITE USE
Welcome to Lanka Spa, a web service, and classified advertisement site that help to publish classified advertisements online. We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, use, and share the content hosted on Lanka Spa. When utilizing Lanka Spa content, we ask that you give credit where appropriate and don't edit our content - or content that belongs to others without permission. If we've made an error, please let us know. You can reach us at [email protected]
Whilst we believe you will do the right thing at all times, our lawyers, and hence we, require you to accept these Terms and Conditions. We recommend that you print a copy of this for future reference.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The content and services offered at our website lankaspa.com our “Site”, and any associated sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this Site, are provided to you under these terms and conditions of use (the “Terms”). These Terms together with the documents referred to in it form the entire agreement between you and Us and supersede all prior agreements between you and Us regarding the subject matter contained in these Terms.
IMPORTANT: BY USING OUR SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. USE OF OUR SITE INCLUDES ACCESSING, BROWSING OR REGISTERING TO USE OUR SITE.
2. INFORMATION ABOUT US
This Site is operated by Power Cade Inc.("We," "Us," "The Company" or "Lanka Spa"). We are registered in United States of America and our head office located at Power Cade LLC., 4629, Austin Secret Lane, USA. We are a limited liability company.
3. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be sixteen or older to use the Site. Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all these Terms.
4. OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our Site:
5. CHANGES TO THESE TERMS
Lanka Spa may change these Terms from time to time and at any time, and without actual notice to you. All such changes to these Terms will appear on the Site. Please check this page from time to time to take notices of any changes We make, as they are binding on you.
By using this Site after We post any changes, you agree to those changes. If at any time you choose not to accept these Terms, please do not use this Site.
6. DESCRIPTION OF SERVICE
Lanka Spa provides users of this Site with a variety of online services, including but not limited to:
USER-GENERATED CONTENT. Uploaded or entered multimedia content developed and owned by people mainly from Sri Lanka and around the world.
7. USER – GENERATED CONTENT
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials which is transmitted, posted, or distributed by you via our Site, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your profile page and information, photos, images, sound files or other Content posted by you in a forum or other page ("Content").
We do not own or control the Content posted by users of this Site via the Site and do not guarantee the accuracy, integrity or quality of such Content.
You may be exposed to Content posted by other users of this Site that may be offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content posted by any user of this Site or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Site.
We do not store your up-loaded original files, for example, Image, Video and Audio assets. All media is converted and optimized for your profile and then deleted.
Where you post, or ask Us to post on your behalf, Content which advertises on our Site, you warrant and represent as follows:
- your Content is true, accurate, current, complete and refers to genuine opportunities;
- your Content complies with all legal and regulatory applicable to advertisements and the Sri Lanka Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing;
- you will regularly check your Content on our Site to ensure it complies with the warranties and representations set out in these Terms;
- you will inform us immediately if a advertisement posted by you or by Us on your behalf is withdrawn or the relevant post fulfilled, or if any other part of the Content becomes inaccurate or non-current.
We exhibit advertisements on Our Site for a period of 3 months and will automatically take down such advertisements after that period unless you indicate to us that you wish to extend by a further period. To be clear, your obligation to inform us immediately if any such offer has been withdrawn or the position fulfilled remains throughout the period in which the relevant advertisement is exhibited on our Site.
9. GRANT OF LIMITED LICENSE
You warrant and represent that you own all right, title and interest to your Content and to any likenesses contained in your Content.
You grant Us a limited license for the royalty-free, unrestricted, world-wide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license enables Us to feature or use your Content in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.
You also warrant that any "moral rights" in posted materials have been waived. You acknowledge and agree that the display or use of your Content shall be at our sole discretion and your Content may or may not be included on the Site for any reason or no reason at all.
10. CONDUCT AND CONTENT
The Site and any services provided to you under it are provided to you solely for information, entertainment and organisational purposes.
These content standards apply to any and all Content which you contribute to Our Site, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content you provide as well as to its whole.
You acknowledge and agree:
- to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and/or any registration form. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, you agree to inform us immediately and We reserve the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of any services related to it. There is no obligation on us to test the accuracy or currency of your Content;
- without limitation of the foregoing, not to use the Site to submit (whether directly or by requesting us to access and submit on your behalf) any Content which:
- is unlawful (or promotes unlawful activity), harmful, threatening, abusive, harassing;
- breaches any applicable law or regulation, or is in breach of any relevant advertising or other industry codes of practice;
- is defamatory, vulgar, libellous, deceptive, fraudulent (or be likely to deceive someone);
- contains explicit or graphic descriptions or accounts of sexual acts (or promotes sexually explicit material)
- is invasive of another's privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- promotes violence;
- infringes any Intellectual Property Rights (as defined in clause 14 below) of any other person or entity;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- impersonates any person, or misrepresent your identity or affiliation with any person; and/or gives the impression that it emanates from Us, if this is not the case.
- not to harvest, collect or store information about users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Site, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited.
- Unauthorized framing of the Site is also prohibited. Inappropriate use may result in your being removed from participant listings without notice and may result in termination of your privileges for participation in relation to the Site. Appropriate legal action may also be taken for any unauthorized use of the Site
- that We are not responsible for material submitted to Us or posted to the Site by users of this Site.
We do not pre-screen, monitor, review or edit the Content posted by users of this Site. However, We and Our agents have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to Us.
You agree to immediately notify Us of any unauthorized use of the Site or any other breach of security that you know or suspect.
11. FEES AND PAYMENT
Small fees will be charged by this website.
12. CANCELLATION POLICY
For all cancellation and issues, please contact [email protected]
If you wish to cancel or change the ad, please refer to the email we sent to enable the ad. That email contains the links to Delete ad.
13. MODIFICATIONS TO THE SITE AND/OR SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the any services under it (or any parts thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any services under it.
Please note that any of the content on the Site may be out of date at any given time, and we are under obligation to update it. We do not guarantee that the Site, or any Content on it, will be free from errors or omissions.
14. INTELLECTUAL PROPERTY RIGHTS
The trade marks Lanka Spa is owned by Lanka Spa.
You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in sponsor advertisements or information presented to you via the Site or by advertisers may be protected by intellectual property rights including but not limited to copyrights, designs, trademarks, service marks, patents or other proprietary rights and laws ("Intellectual Property Rights").
Lanka Spa is the licensee or sole owner of the Intellectual Property Rights in the Site including the Content on the Site. Users of the Site retain all rights, titles, and interests in and to the Content provided by that user, subject to the rights granted to Us under clause 9 of these Terms, and is free to grant similar rights to others during and after the Term of this Agreement.
All individual articles, content and other elements that appear on the Site are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, you must also abide by all additional copyright notices or restrictions contained in this Service.
Unless expressly permitted by Lanka Spa or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any Content or any part of this Service.
Neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our Intellectual Property Rights that has not been expressly authorized by us.
You agree to defend, indemnify and hold Us, our affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users of this Site authorized by you or any violation of these Terms by you (including, but not limited to, any claim that your Content infringes the rights of any third party).
16. PRESERVATION AND DISCLOSURE OF YOUR CONTENT
You acknowledge and agree that We may preserve your Content and may also disclose your Content (in whole or in part) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any of your Content violates the rights of third-parties; or (d) to protect Our and/or our users of this Site or the public’s rights, property, or personal safety of Us and our Site users or the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store your Content or other information submitted by you or other users of this Site to Lanka Spa.
Any or all Content on the Site may be purged periodically at Our sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Us or submitted to Us. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect our views, and We do not support or endorse Content posted or submitted by you or any other user of this Site.
In operating this Site, We do not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you. Any information or material submitted or sent to Us, will be deemed not to be confidential or secret. By submitting or sending information or other material to Us you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set out in these Terms.
17. LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled, or examined by Us in any way and We are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall We be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different users of this Site.
SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Us at [email protected]. We reserve the right, however, to deny permission to link to the Site or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
18. PARENTAL PERMISSION
This Site is not intended for use by children under sixteen (16) years of age, and We do not knowingly collect personal information from children under thirteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Lanka Spa may, at its discretion, require users of this Site under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.
19. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE".
TO THE EXTENT PERMITTED BY LAW, WE (LANKA Spa AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) EXCLUDE ALL CONDITIONS WARRANTIES, REPRESEATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE, SERVICES AND OR ANY CONTENT ON ITINCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
SUBJECT TO THE CLAUSE BELOW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS CAUSED BY US OR THE SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
Lanka Spa DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE CONTENT ON THE SITE. YOU (RATHER THAN US OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
20. LIMITATION OF LIABILITY
SUBJECT TO THE CLAUSE BELOW, IN NO EVENT WILL LANKA Spa, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF Lanka Spa OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE Lanka Spa FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS Lanka Spa, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM LOSS AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES BY US TO YOU, WHICH WILL BE SET OUT IN OUR CONTRACTS TO SUPPLY SPECIFIC SERVICES.
21. APPLICABLE LAWS / JURISDICTION
You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by SRi LANKAN law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction.
If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by SRi LANKAN law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Any inquiries concerning these Terms should be directed to us at [email protected]. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. Lanka Spa may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us at [email protected].