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Welcome
to iyakka.lk also hereby known as "we", "us" or "i YAKKA".
We are an online marketplace and these are the terms and conditions governing
your access and use of i YAKKA along with its related sub-domains, sites,
mobile app, services and tools (the "Site"). By using the Site, you
hereby accept these terms and conditions (including the linked information
herein) and represent that you agree to comply with these terms and conditions
(the "User Agreement"). This User Agreement is deemed effective upon
your use of the Site which signifies your acceptance of these terms. If you do
not agree to be bound by this User Agreement please do not access, register
with or use this Site. This Site is owned and operated by i YAKKA Pvt
Limited (PV:00201299).
The Site reserves the right to change, modify, add, or remove portions of these
Terms and Conditions at any time without any prior notification. Changes will
be effective when posted on the Site with no other notice provided. Please
check these Terms and Conditions regularly for updates. Your continued use of
the Site following the posting of changes to Terms and Conditions of use
constitutes your acceptance of those changes.
2. CONDITIONS OF USE
To
access certain services offered by the platform, we may require that you create
an account with us or provide personal information to complete the creation of
an account. We may at any time in our sole and absolute discretion, invalidate
the username and/or password without giving any reason or prior notice and
shall not be liable or responsible for any losses suffered by, caused by,
arising out of, in connection with or by reason of such request or
invalidation.
You are responsible for maintaining the confidentiality of your user
identification, password, account details and related private information. You
agree to accept this responsibility and ensure your account and its related
details are maintained securely at all times and all necessary steps are taken
to prevent misuse of your account. You should inform us immediately if you have
any reason to believe that your password has become known to anyone else, or if
the password is being, or is likely to be, used in an unauthorized manner. You
agree and acknowledge that any use of the Site and related services offered and/or
any access to private information, data or communications using your account
and password shall be deemed to be either performed by you or authorized by you
as the case may be. You agree to be bound by any access of the Site and/or use
of any services offered by the Site (whether such access or use are authorized
by you or not). You agree that we shall be entitled (but not obliged) to act
upon, rely on or hold you solely responsible and liable in respect thereof as
if the same were carried out or transmitted by you. You further agree and
acknowledge that you shall be bound by and agree to fully indemnify us against
any and all losses arising from the use of or access to the Site through your
account.
Please ensure that the details you provide us with are correct and complete at
all times. You are obligated to update details about your account in real time
by accessing your account online. For pieces of information you are not able to
update by accessing Your Account on the Site, you must inform us via our customer
service communication channels to assist you with these changes. We reserve the
right to refuse access to the Site, terminate accounts, remove or edit content
at any time without prior notice to you. We may at any time in our sole and
absolute discretion, request that you update your Personal Data or forthwith
invalidate the account or related details without giving any reason or prior
notice and shall not be liable or responsible for any losses suffered by or
caused by you or arising out of or in connection with or by reason of such
request or invalidation. You hereby agree to change your password from time to
time and to keep your account secure and also shall be responsible for the
confidentiality of your account and liable for any disclosure or use (whether
such use is authorized or not) of the username and/or password.
Please
review our Privacy Agreement, which also governs your visit to the Site. The
personal information / data provided to us by you or your use of the Site will
be treated as strictly confidential, in accordance with the Privacy Agreement
and applicable laws and regulations. If you object to your information being
transferred or used in the manner specified in the Privacy Agreement, please do
not use the Site. Click here
You
agree, understand and acknowledge that the Site is an online platform that
enables you to purchase products listed at the price indicated therein at any
time from any location using a payment method of your choice. You further agree
and acknowledge that we are only a facilitator and cannot be a party to or
control in any manner any transactions on the Site or on a payment gateway as
made available to you by an independent service provider. Accordingly, the
contract of sale of products on the Site shall be a strictly bipartite contract
between you and the sellers on our Site while the payment processing occurs
between you, the service provider and in case of prepayments with electronic
cards your issuer bank. Accordingly, the contract of payment on the Site shall
be strictly a bipartite contract between you and the service provider as listed
on our Site.
D. CONTINUED AVAILABILITY OF THE SITE
We
will do our utmost to ensure that access to the Site is consistently available
and is uninterrupted and error-free. However, due to the nature of the Internet
and the nature of the Site, this cannot be guaranteed. Additionally, your
access to the Site may also be occasionally suspended or restricted to allow
for repairs, maintenance, or the introduction of new facilities or services at
any time without prior notice. We will attempt to limit the frequency and
duration of any such suspension or restriction.
E. LICENSE TO ACCESS THE SITE
We
require that by accessing the Site, you confirm that you can form legally
binding contracts and therefore you confirm that you are at least 18 years of
age or are accessing the Site under the supervision of a parent or legal
guardian. We grant you a non-transferable, revocable and non-exclusive license
to use the Site, in accordance with the Terms and Conditions described herein,
for the purposes of shopping for personal items and services as listed to be
sold on the Site. Commercial use or use on behalf of any third party is
prohibited, except as explicitly permitted by us in advance. If you are
registering as a business entity, you represent that you have the authority to
bind that entity to this User Agreement and that you and the business entity
will comply with all applicable laws relating to online trading. No person or
business entity may register as a member of the Site more than once. Any breach
of these Terms and Conditions shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
Content provided on this Site is solely for informational purposes. Product
representations including price, available stock, features, add-ons and any
other details as expressed on this Site are the responsibility of the vendors
displaying them and is not guaranteed as completely accurate by us. Submissions
or opinions expressed on this Site are those of the individual(s) posting such
content and may not reflect our opinions.
We grant you a limited license to access and make personal use of this Site,
but not to download (excluding page caches) or modify the Site or any portion
of it in any manner. This license does not include any resale or commercial use
of this Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site or its contents; any
downloading or copying of account information for the benefit of another
seller; or any use of data mining, robots, or similar data gathering and
extraction tools.
This Site or any portion of it (including but not limited to any copyrighted
material, trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited
for any commercial purpose without express written consent by us as may be
applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form)
without our express written consent. You may not use any meta tags or any other
text utilizing our name or trademark without our express written consent, as
applicable. Any unauthorized use terminates the permission or license granted
by us to you for access to the Site with no prior notice. You may not use our
logo or other proprietary graphic or trademark as part of an external link for
commercial or other purposes without our express written consent, as may be
applicable.
You agree and undertake not to perform restricted activities listed within this
section; undertaking these activities will result in an immediate cancellation
of your account, services, reviews, orders or any existing incomplete
transaction with us and in severe cases may also result in legal action
F. YOUR CONDUCT
You
must not use the website in any way that causes, or is likely to cause, the
Site or access to it to be interrupted, damaged or impaired in any way. You
must not engage in activities that could harm or potentially harm the Site, its
employees, officers, representatives, stakeholders or any other party directly
or indirectly associated with the Site or access to it to be interrupted,
damaged or impaired in any way. You understand that you, and not us, are
responsible for all electronic communications and content sent from your
computer to us and you must use the Site for lawful purposes only. You are
strictly prohibited from using the Site
for fraudulent purposes, or in connection with a criminal offense or other
unlawful activity to send, use or reuse any material that does not belong to
you; or is illegal, offensive (including but not limited to material that is
sexually explicit content or which promotes racism, bigotry, hatred or physical
harm), deceptive, misleading, abusive, indecent, harassing, blasphemous,
defamatory, libelous, obscene, pornographic, pedophilia or menacing;
ethnically objectionable, disparaging or in breach of copyright, trademark,
confidentiality, privacy or any other proprietary information or right; or is
otherwise injurious to third parties; or relates to or promotes money
laundering or gambling; or is harmful to minors in any way; or impersonates
another person; or threatens the unity, integrity, security or sovereignty of
Sri Lanka or friendly relations with foreign States; or objectionable or
otherwise unlawful in any manner whatsoever; or which consists of or contains
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any "spam” Use the Site for illegal purposes. to
cause annoyance, inconvenience or needless anxiety for any other purposes that
is other than what is intended by us
G. YOUR SUBMISSION
Anything
that you submit to the Site and/or provide to us, including but not limited to,
questions, reviews, comments, and suggestions (collectively,
"Submissions") will become our sole and exclusive property and shall
not be returned to you. In addition to the rights applicable to any Submission,
when you post comments or reviews to the Site, you also grant us the right to
use the name that you submit, in connection with such review, comment, or other
content. You shall not use a false e-mail address, pretend to be someone other
than yourself or otherwise mislead us or third parties as to the origin of any
Submissions. We may, but shall not be obligated to, remove or edit any
Submissions without any notice or legal course applicable to us in this regard.
H. CLAIMS AGAINST OBJECTIONABLE CONTENT
We
list thousands of products for sale offered by numerous sellers on the Site and
host multiple comments on listings, it is not possible for us to be aware of
the contents of each product listed for sale, or each comment or review that is
displayed. Accordingly, we operate on a "claim, review and take down"
basis. If you believe that any content on the Site is illegal, offensive
(including but not limited to material that is sexually explicit content or which
promotes racism, bigotry, hatred or physical harm), deceptive, misleading,
abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene,
pornographic, pedophilia or menacing; ethnically objectionable, disparaging;
or is otherwise injurious to third parties; or relates to or promotes money
laundering or gambling; or is harmful to minors in any way; or impersonates
another person; or threatens the unity, integrity, security or sovereignty of
Sri Lanka or friendly relations with foreign States; or objectionable or
otherwise unlawful in any manner whatsoever; or which consists of or contains
software viruses, (" objectionable content "), please notify us
immediately by following by writing to us on legal@iyakka.lk We will make all
practical endeavors to investigate and remove valid objectionable content
complained about within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many
relevant details of the claim including name of objectionable content party,
instances of objection, proof of objection among other. Please note that
providing incomplete details will render your claim invalid and unusable for
legal purposes.
I. CLAIMS AGAINST INFRINGING CONTENT
We
respect the intellectual property of others. If you believe that your intellectual
property rights have been used in a way that gives rise to concerns of
infringement, please write to us at legal@iyakka.lk or info@iyakka.lk and we will make all
reasonable efforts to address your concern within a reasonable amount of time.
Please ensure to provide your name, address, contact information and as many
relevant details of the claim including name of infringing party, instances of
infringement, proof of infringement among other. Please note that providing
incomplete details will render your claim invalid and unusable for legal
purposes. In addition, providing false or misleading information may be
considered a legal offense and may be followed by legal proceedings.
We also respect a manufacturer's right to enter into exclusive distribution or
resale agreements for its products. However, violations of such agreements do
not constitute intellectual property rights infringement. As the enforcement of
these agreements is a matter between the manufacturer, distributor and/or
respective reseller, it would not be appropriate for us to assist in the
enforcement of such activities. While we cannot provide legal advice, nor share
private information as protected by the law, we recommend that any questions or
concerns regarding your rights may be routed to a legal specialist.
J. TRADEMARKS AND COPYRIGHTS
iyakka.lk,
i YAKKA logo, i YAKKA , iyakka , iyakka Fashion, iyakka Basics and other marks
indicated on our Site are trademarks or registered trademarks in the relevant
jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and
service names are the trademarks or trade dress and may not be used in
connection with any product or service that does not belong to us or in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks that appear on this Site are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the
Site, information content on the Site and all the website design, including,
but not limited to text, graphics, software, photos, video, music, sound, and
their selection and arrangement, and all software compilations, underlying
source code and software shall remain our property. The entire contents of the
Site also are protected by copyright as a collective work under Sri Lanka copyright
laws and international conventions. All rights are reserved.
K. DISCLAIMER
You
acknowledge and undertake that you are accessing the services on the Site and
transacting at your own risk and are using your best and prudent judgment
before entering into any transactions through the Site. We shall neither be
liable nor responsible for any actions or in-actions of sellers nor any breach
of conditions, representations or warranties by the sellers or manufacturers of
the products and hereby expressly disclaim and any all responsibility and
liability in that regard. We shall not mediate or resolve any dispute or
disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or
implied) in respect of quality, suitability, accuracy, reliability,
completeness, timeliness, performance, safety, merchant ability, fitness for a
particular purpose, or legality of the products listed or displayed or
transacted or the content (including product or pricing information and/or
specifications) on the Site. While we have taken precautions to avoid
inaccuracies in content, this Site, all content, information (including the
price of products), software, products, services and related graphics are
provided as is, without warranty of any kind. We do not implicitly or
explicitly support or endorse the sale or purchase of any products on the Site.
At no time shall any right, title or interest in the products sold through or
displayed on the Site vest with us nor shall i YAKKA have any obligations or
liabilities in respect of any transactions on the Site.
We shall neither be liable or responsible for any actions or inaction of any
other service provider as listed on our Site which includes but is not limited
to payment providers, installment offerings, warranty services among others.
L. THIRD PARTY BUSINESSES
Parties other than i YAKKA and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these 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. You can tell when a third-party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and related terms and conditions.
M. COMMUNICATING WITH US
When
you visit the Site, or send e-mails to us, you are communicating with us
electronically. You will be required to provide a valid phone number while
placing an order with us. We may communicate with you by e-mail, SMS, phone
call or by posting notices on the Site or by any other mode of communication we
choose to employ. For contractual purposes, you consent to receive
communications (including transnational, promotional and/or commercial
messages), from us with respect to your use of the website (and/or placement of
your order) and agree to treat all modes of communication with the same
importance. Contact us
N. LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
O. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed venerable and will not affect the validity and en-force-ability of any remaining condition.
P. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Q. WAIVER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
R. TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
S. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of The People's Republic of Sri Lanka. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Sri lanka.
T. CONTACT US
You
may reach us Click here
U. OUR SOFTWARE
Our
software includes any software (including any updates or upgrades to the
software and any related documentation) that we make available to you from time
to time for your use in connection with the Site (the "Software").
You may use the software solely for purposes of enabling you to use and enjoy
our services as permitted by the Terms and Conditions and any related
applicable terms as available on the Site. You may not incorporate any portion
of the Software into your own programs or compile any portion of it in
combination with your own programs, transfer it for use with another service,
or sell, rent, lease, lend, loan, distribute or sub-license the Software or
otherwise assign any rights to the Software in whole or in part. You may not
use the Software for any illegal purpose. We may cease providing you service
and we may terminate your right to use the Software at any time. Your rights to
use the Software will automatically terminate without notice from us if you
fail to comply with any of the Terms and Conditions listed here or across the
Site. Additional third party terms contained within the Site or distributed as
such that are specifically identified in related documentation may apply and
will govern the use of such software in the event of a conflict with these
Terms and Conditions. All software used in any of our services is our property
and/or our affiliates or its software suppliers and protected by the laws of
Sri Lanka including but not limited to any other applicable copyright laws.
When you use the Site, you may also be using the services of one or more third
parties, such as a wireless carrier or a mobile platform provider. Your use of
these third party services may be subject to separate policies, terms of use,
and fees of these third parties.
You may not, and you will not encourage, assist or authorize any other person
to copy, modify, reverse engineer, de-compile or disassemble, or otherwise
tamper with our software whether in whole or in part, or create any derivative
works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual
updates at any time and without notice to you.
3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with the Sellers ("We” or "Our” or "Us”, wherever applicable) on the Site. These conditions signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to the seller to buy the product or service displayed on our Site. When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serves purely 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 product is dispatched to you. 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 commit to you to make every reasonable effort to ensure that the indicative timeline is met. All commercial/contractual terms are offered by and agreed to between you and the sellers alone. 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. i YAKKA does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the you and the Sellers. The seller retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or sms. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated
C. THE CONTRACT
Your
order is a legal offer to the seller to buy the product or service displayed on
our Site. When you place an order to purchase a product, any confirmations or
status updates received prior to the dispatch of your order serves purely 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
product is dispatched to you. 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 commit to you to make every reasonable effort
to ensure that the indicative timeline is met. All commercial/contractual terms
are offered by and agreed to between you and the sellers alone. 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. i YAKKA does not have any control or does not determine or advise
or in any way involve itself in the offering or acceptance of such
commercial/contractual terms between the you and the Sellers. The seller
retains the right to cancel any order at its sole discretion prior to dispatch.
We will ensure that there is timely intimation to you of such cancellation via
an email.
You confirm that the product(s) or service(s) ordered by you are purchased for
your internal / personal consumption and not for commercial re-sale. You
authorize us to declare and provide declaration to any governmental authority
on your behalf stating the aforesaid purpose for your orders on the Site. The
Seller or the Site may cancel an order wherein the quantities exceed the
typical individual consumption. This applies both to the number of products
ordered within a single order and the placing of several orders for the same
product where the individual orders comprise a quantity that exceeds the
typical individual consumption. What comprises a typical individual's
consumption quantity limit shall be based on various factors and at the sole
discretion of the Seller or ours and may vary from individual to individual.
You may cancel your order at no cost any time before the item is dispatched to
you.
Please note that we sell products only in quantities which correspond to the
typical needs of an average household. This applies both to the number of
products ordered within a single order and the placing of several orders for
the same product where the individual orders comprise a quantity typical for a
normal household.
D. RETURNS
Please review our Returns Policy for details.Click here
E.
PRICING, AVAILABILITY
All prices are listed in Rupees and are inclusive of GST and are listed
on the Site by the seller that is selling the product or service. Items in your
Shopping Cart will always reflect the most recent price displayed on the item's
product detail page. Please note that this price may differ from the price
shown for the item when you first placed it in your cart. Placing an item in
your cart does not reserve the price shown at that time. It is also possible
that an item's price may decrease between the time you place it in your basket
and the time you purchase it.
We do not offer price matching for any items sold by any seller on our Site or
other websites.
F. RESELLING i YAKKA PRODUCTS
Reselling i YAKKA products for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.
G. TAXES