Terms & Conditions

THILAKMA-GENERAL TERMS AND CONDITIONS& PRIVACY POLICY

These general terms & conditions (hereinafter referred to as the “T&C”)(as updated from time to time as set out below) govern the relationship between you (i.e. the person who will become a ‘Customer’ (as defined below)) and [insert company name] (hereinafter sometimes referred to in these T&C as “Thilakma, we”, “our”, “us, depending on the context”),in relation to the provision of Services (as defined below)as well as the use of this consumer order e-platform made available through the website [insert website link] and the mobile app [insert](“Platform”). The Privacy Policy (as defined below) is set out in Section 8 of these T&C.

Please read these T&C carefully. By creating your Account (as defined below) and clicking the ‘I agree’ check box below, you confirm you have read, understood and accepted these T&C (and agree to be bound by them) and become a customer (“Customer”). Only a Customer will be entitled to procure the Services. By clicking ‘I agree’, you are therefore entering into a legally binding contract with us.

We reserve the right to change these T&C (at our sole discretion), from time to time, without any prior notice via telephone call/text or otherwise to the Customers. However, we will notify you of any amendments to these T&C by posting them on this Platform (and duly updating the T&C). The Services procured by you after any such update/change (including the continuation of any existing Services) shall be subject to and governed by the updated T&C (whilst Services procured prior to the change will be subject to and governed by the T&C in force at the relevant time). We will inform you of any change to these T&C by posting them on this Platform, and, as a secondary step, we may also (at our sole discretion) do so by notification to your registered e-mail address. It is however your responsibility to regularly review these T&C and any notices published on this Platform to ascertain your rights and obligations regarding the Services provided herein, and non-receipt of an e-mail notification (for whatsoever reason) shall not by itself prejudice the rights or interests of (or otherwise adversely affect) us.

(1)GENERAL

We, via the Platform, facilitate the sale and fulfillment of orders which shall include but shall not be limited to products such as men’s, women’s and kid’s clothing (“Garments”), household and kitchen items, toys, home and Christmas decorations, gardening tools, automobile accessories, outdoor living and camping accessories, stationery/back-to-school items, electronic appliances and mobile phone accessories (“Products”) from us to the Customers, subject to Product availability as mentioned below (“Ordering Services”), including delivery services (“Delivery Services). For the avoidance of doubt, Customers are entitled to order and purchase the Products from Thilakma via the Platform and request Delivery Services for the Products from Thilakma via the Platform. Delivery Service Providers who are under agreement with us (and are selected by us) (“Delivery Service Providers”) will collect such Products from the Thilakma store located at No. 588, Negombo Road, Mahabage, Ragama (“Thilakma Store”), and deliver such Products to the respective Customer. In some instances, Thilakma shall deliver such Products from the Thilakma Store to the main office of the Delivery Service Provider, and the Delivery Service Provider shall deliver such Products from its main office to the respective Customer.

Ordering Services and Delivery Services together shall be hereinafter referred to as “Services”.

(2)PAYMENTS

Customers shall pay for the Products directly to Thilakma via the payment gateway made available through the Platform (i.e. online payment) at the time of placing the order for the Products.

We use third-party payment processors such as the HNB payment gateway, or otherwise (the "Payment Processor") to link your credit/debit card account to the payment portal and Services. The processing of payments in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processors and your credit card issuer in addition to these T&C. We are not responsible for any errors by, or other issues arising out of the use of, the Payment Processors. In connection with your use of the Services, we will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy. Furthermore, we do not control and are not liable or responsible for any issues/errors made by the Payment Processor and/or the ability of the Payment Processor to complete a purchase, or the ability of the Customer to complete a purchase. In that respect, any issues the Customer has regarding the Payment Processor and their services must be settled between the Customer and the Payment Processor (and vice versa).

In relation to Delivery Services, the prices mentioned on the Platform exclude delivery fees, which will be added to the total amount due and payable by the Customer. Delivery fees may vary depending on the delivery location, weight and dimensions of the relevant Product. We will notify you of the approximate delivery fee at the time you place your order and the same will be added to the total amount due. The prices for the Products on the Platform shall be inclusive of applicable taxes where required by law.

Once an order has been placed and the Customer has confirmed the order via the Platform, we shall send an invoice to the Customers registered email address and an order confirmation to the Customers registered telephone number via text confirming the same.

(3)ACCOUNT

In order for you to procure the Services, you must either register for and maintain an active personal customer account or register an active account as a guest on a ‘one-time basis’ ("Account"). You must be at least 18 years of age to be permitted to open an Account. Account registration requires you to submit to us certain personal information, such as your Full name, NIC, address, city, province and mobile phone number etc. You agree to maintain/insert accurate, complete, and up-to-date information in your Account. Your failure to maintain/insert accurate, complete, and up-to-date Account information may result in your inability to access or use the Services (including purchasing and/or receiving any Products). You are responsible for all activity that occurs under (or utilising) your Account, and you agree to maintain the security and secrecy of your Account username (if any) and passwords (including one-time passwords) at all times. Furthermore, you may only possess one Account.

(4)CANCELLATIONS

Once an order has been placed by the Customer and the same has been confirmed by us via email, text message or otherwise, such an order cannot be cancelled by the Customer.

Occasionally, we may cancel your orders for various reasons such as issues in relation to Product availability. In the event of a cancellation by us, the relevant invoice price, paid via the Payment Processor, will be refunded in full to the Customer within seven (7) days. However, we shall not be held responsible if the Payment Processor fails to make the refund within such period.

(5)DELAYS

We will use our best endeavors to ensure that the relevant Delivery Service Provider delivers the Products to the Customers within 5 business days (during working hours only) from an order being duly processed (or within such other time-frame as is notified to you at the time the order is processed). However, you may occasionally experience delays at times due to reasons beyond our control, such as delays caused by the us and/or the Delivery Service Providers arising from high demand or supply/availability related issues. We shall not bear any responsibility for delays caused by the Delivery Service Providers.

(6)TEXT MESSAGING AND TELEPHONE CALLS

You agree that we may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of procuring Services. You also understand that you may opt out of receiving text messages from us at any time, by unclicking the relevant checkbox in the Account.

(7)USE OF THIS PLATFORM

We will take precautions to protect your information. When you submit sensitive information via the Platform, your information may be saved both electronically and in “hard copy” format. Furthermore, we also receive data on Customer buying activity via our loyalty programs, social media logins etc. We do take commercially reasonable steps to secure the information that is transmitted on this Platform and as aforesaid, and such information will only be used by us for promotional campaigns, and shall not be sold to any third parties. While we use encryption to help protect sensitive information transmitted online, we take reasonable steps to safeguard any personally identifiable information that is stored offline. Only Thilakma (and its affiliates, employees, agents, sub-contractors and professional advisors) who need the information to perform a specific job are granted access to personally identifiable information. We take reasonable security measures to protect your information against unauthorized access, loss, alteration or destruction. These measures include encryption and physical security measures to guard against unauthorized access to systems where we store personal information. Despite these reasonable measures, we cannot guarantee our security measures are impenetrable. Accordingly, whilst we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure, or that you will not suffer any loss of information. It is your responsibility to have appropriate and adequate firewalls and other internet security measures (including up-to-date, comprehensive, anti-virus, anti-malware and anti-spyware software) on your computers and mobile devices, and we shall not bear any responsibility whatsoever for any loss or damage arising from a failure to do so.

The data or information provided on this Platform and/or communicated to you as aforesaid is proprietary to us and you are not permitted to retransmit, redistribute, publish, disclose or display (in whole or in part) such data or information to third parties.

(8) PRIVACY POLICY

(a) Introduction

In order to become a Customer, and to receive the Services, you may from time to time be required to submit personal information to us. The personal information collected from you is the information that is considered necessary for the purposes of opening up the Account, the provision of the Services and/or for complying with applicable laws and regulations (as morefully explained below). By providing your information, you are agreeing to our privacy policy (as set out below) (“Privacy Policy”) and the other terms and conditions set out in these T&C. Furthermore, by providing the required information, you are deemed to have granted to each of us a royalty-free, perpetual, irrevocable license to collect, use and/or retain the information for and in relation to the aforesaid purposes.

For your information, personal information may be collected from you and used and/or retained for the following:

·To verify your identity: As part of the process of onboarding you as a ‘Customer’, we will need to verify your identity.

·To provide you with any Services, or information regarding the same, and to review your requirements: we may collect and use your personal information to provide you with any Services, and to comply with our obligations under these T&C (and under applicable laws and regulations, if any).

·To help us improve our services: we may from time to time collect and use personal information provided by you to help us improve our services.

·Marketing: we may collect and use your personal information to send you marketing communications such as group promotional campaigns by email or phone or via your registered Account on this Platform. This is to ensure that you are kept up to date with any latest information in relation to the Services. You may however choose to unsubscribe from receiving any such marketing communications by unclicking the relevant checkbox in the Account settings or Account page (when opening an Account) or by clicking ‘unsubscribe’ in the marketing emails sent by us.

·Record keeping:we may need to retain your personal information for internal business and research purposes and record keeping purposes.

Please note that the above list is non-exhaustive and your personal information may be collected, used and/or retained for additional purposes which have not been set out above.

(b) Changes to our Privacy Policy

We reserve the right to make changes to this Privacy Policy as and when we wish to do so. Any changes to this Privacy Policy shall be effective as and when they are made available on this Platform. The continued use of this Platform and/or Services implies that you are in agreement with such changes.

(c)Disclosures

We shall take all reasonable measures to ensure that your information is protected at all times. However, we reserve the right to disclose your information when it is considered necessary to do so, including for the purposes of operating this Platform and for providing Services.

We may in particular (and without limitation) disclose your information in the following instances:

·to the Delivery Service Providers (and/or their agents, bankers, consultants, and professional advisers), subject to ensuring that they are bound by confidentiality obligations at least equivalent to those contained in this Privacy Policy;

·in the event of a merger, acquisition, or any other operation which has the effect of changing the control of us, we may be required to disclose your information to the other party interested in the business such as the entity (or entities) that wishes to merge or otherwise acquire the relevant entity (and/or their agents, bankers, consultants, and professional advisers). In such an event, the personal information of all the Customers may be disclosed. We will keep you informed in the event of such a transition, at the relevant time (as we deem appropriate). Furthermore, we shall ensure that such other parties to whom information is transferred are bound by confidentiality obligations at least equivalent to those contained in this Privacy Policy;

·we may disclose your personal information as required by law, a court of competent jurisdiction or any governmental or regulatory authority; and

·we may disclose your personal information to other third parties for the purposes of maintaining and improving this Platform and/or for the provision of the Services. This may include but is not limited to engaging with third parties to outsource certain functions of our business. We shall take all reasonable measures within our capacity to prevent the unauthorized disclosure of information, but shall not be responsible where such unauthorized disclosure occurs and causes any loss or damage (unless we have been grossly negligent, engaged in misconduct or acted fraudulently) or the actions or omissions of third parties.

(d)The use of cookies

‘Cookies’ are small files that are stored on the computer of any user of this Platform. Like many other platforms, we use cookies for the purposes of improving and personalizing your user experience. Although most web browsers automatically accept cookies, many browser’s settings can be set to decline cookies. However, deletion of cookies may result in limited functionality of this Platform for you.

(e)The use of external platforms

The use of this Platform may give Customers access to external sites such as social media webpages, other platforms/websites etc. Such pages are not governed by this Privacy Policy or in general, by these T&C (except as expressly and unequivocally otherwise set out herein). We cannot confirm the security of such platforms and shall not be responsible for the actions or omissions of such third parties. We shall not be held responsible for the loss or misuse of information that may occur in the event third parties have access to your information through the use of such external sites.

(9)INTELLECTUAL PROPERTY RIGHTS

All trademarks and logos (and/or copyright material) found on this Platform or mentioned herein belong to their respective owners. Nothing contained on this Platform (or these T&C) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such intellectual property without the written permission of the party that owns the same.

(10)DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE T&C, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES AND/OR ANY PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE IN ANY MANNER WHATSOEVER THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE DELIVERY SERVICES PROVIDERS. THILAKMA DOES NOT WARRANT THAT THE USE OR AVAILABILITY OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT (OR THE SERVER THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THILAKMA ALSO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL OR FEATURES ON THIS PLATFORM IN TERMS OF ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.

(11)LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY LAW, THILAKMA WILL NOT BE LIABLE FOR ANYINCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, OCCASIONED BY THE USE OF THIS PLATFORM, THE PROCUREMENT OF ANY SERVICES AND/OR A BREACH OF ANY PROVISION OF THESE T&C EVEN IF APPRISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU HAVE ANY CLAIMS (HOWSOEVER CONSTRUED) ARISING OUT OF OR IN RELATION TO THE PROVISION OF ANY SERVICES PROVIDED BY THE PAYMENT PROCESSORS AND/OR DELIVERY SERVICE PROVIDERS, THOSE CLAIMS SHALL BE BROUGHT SOLELY AGAINST THE RELEVANT PAYMENT PROCESSORS AND/OR DELIVERY SERVICE PROVIDERS, AND YOU WILL AT ALL TIMES KEEP THILAKMA FREED AND INDEMNIFIED IN RESPECT OF THE SAME.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE T&C AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THILAKMA TO ANY CUSTOMER SHALL NOT AT ANY TIME EXCEED RUPEES TEN THOUSAND.

(12)INDEMNITY

You hereby agree to indemnify and hold Thilakma and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services and/or Products obtained through your use of the Services; (ii) your breach or violation of any of these T&C; (iii) Thilakma’s use of your personal information (in accordance with these T&C); or (iv) your violation of the rights of any third party, including the Payment Processors Delivery Service Providers.

(13)NOTICES

We may send notices to the email address provided to us by you when creating your Account. It is your responsibility to ensure that you notify us of any change to your email address. We shall not be responsible for any loss or damage (howsoever defined) that may result from your failure to provide us with an updated email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.

(14)FORCE MAJEURE

Under no circumstance shall Thilakma be responsible or liable for any failure or delay in the performance of its obligations hereunder and to provide Services arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemics, curfews, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Thilakma shall use reasonable efforts to resume its performance/Services as soon as practicable under the circumstances.

(15)ENTIRE AGREEMENT

These T&C constitute the entire contract between you and Thilakma in relation to the provision of the Services (and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter) and you acknowledge and agree that in entering into this contract with Thilakma you have not relied on any oral or written representation, warranty or other assurance (except as provided for or referred to in these T&C) and irrevocably, absolutely and unconditionally waive all rights and remedies which might otherwise be available to you in respect thereof, except that nothing in these T&C will exclude liability on the part of Thilakma for fraud.

(16)GOVERNING LAW

These T&C shall be governed by, and construed in all respects in accordance with, the laws of Sri Lanka.