As a user or a visitor of this website tradelanka.co.nz of Trade Lanka Limited (“Trade Lanka”, “us”, “we” and “our”), please be informed that this Site provides the content relating to products and services available for purchase for you, subject to the following terms and conditions, our privacy policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed to be a part of and included within these terms and conditions (collectively “terms and conditions”). By accessing or using the Site and/or by obtaining our products listed on our Site and/or by the usage of the service of this Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions.
TERRITORY
Please note that sales can only be made to an address within areas allowed by our business partners and / or its subsidiaries and associates. This mainly covers the entire New Zealand and in some business partners Australia and Pacific Islands. During the pre-order communication we will let you know whether you are within the territory or not.
ELECTRONIC COMMUNICATIONS
When you use any of our websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through other websites. You agree that all agreements, notices, disclosures, and other communications that we provide to you including those that are on our Sites electronically satisfy any legal requirement that such communications be in writing and that such communications are being duly provided.
INTELLECTUAL PROPERTY
All information and content included in or made available on the Site, including but not limited to trademarks, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and the compilation and organization thereof, and the like, etc. (Collectively, the “Content”) is the property of Trade Lanka Limited and / or its business partners (and / or its subsidiaries and associates) or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through the Site of Trade Lanka is the exclusive property of Trade Lanka and protected by international copyright laws.
You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information and/or Content (including images, text, page layout, or form) of Trade Lanka without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing Trade Lanka’ name or trademarks without the express written consent having been first obtained from us.
LICENSE AND ACCESS
Subject to your compliance with these conditions of use and your payment of any applicable fees, Trade Lanka grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of this Site to inquire and / or purchase our products and services. This license does not include any resale or commercial use of any of our products and service, or their Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of our products and service or their Contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these terms and conditions or any other applicable service terms are reserved and retained by Trade Lanka or its licensors, suppliers, publishers, rights holders, or other content providers. You agree that other than to access and use of this Site to purchase our products and services you shall NOT use this Site for any other purpose without the express written consent having been first obtained from us.
LIMITATION OF LIABILITY
The Site is presented “as is”. We make no representations or warranties of any kind what so ever expressed or implied, in connection with these terms and conditions or the Site, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances, for any interruption of business, access delays, or access interruptions to the Site, data non-delivery, corruption, destruction or other modification, loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site, computer viruses, system failures or malfunctions which may occur in connection with your use of the Site and any inaccuracies or omissions in Content. We shall not be liable for any events whatsoever beyond our reasonable control.
Further to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. You agree that we shall in no event be liable or called upon to make good any losses of such nature. You agree that no claims or action arising out of, or related to, the use of the Site or these terms and conditions may be brought by you and in any event no more than one (1) year after the cause of action relating to such claim or action arose.
INDEMNIFICATION
You agree to fully defend, indemnify and hold us harmless for any loss, damages, expenses, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these terms and conditions.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to the Site may post reviews so long as the content is not illegal, unethical, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” and the like. You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Trade Lanka reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Trade Lanka a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms and conditions and will not cause injury to any person or entity; and that you will indemnify Trade Lanka for all claims resulting from content you supply or post or your activity on the Site. Trade Lanka has the right but not the obligation to monitor and edit or remove any activity or content. Trade Lanka takes no responsibility and shall not be held liable under any circumstances and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Trade Lanka respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please refer to our team (info@tradelanka.co.nz) with the subject line which includes the phrase “Complaint”.
RISK OF LOSS
All items purchased from Trade Lanka or its principals are made pursuant to a shipment contract for delivery by the delivery partners or principals. This means that the risk of loss and title for such items/ products purchased shall pass to you upon our delivery to the carrier and we shall not assume any risk of loss after our delivery to the carrier.
PRODUCT DESCRIPTIONS
Although we make reasonable efforts to provide accurate product descriptions, typographical errors, or mistakes regarding product description and /or performance may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product description is inaccurate, we shall have the right, in our sole discretion, to correct it by us or by our principals prior to any orders being placed for that product. We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of the products you see when viewing the Website will be accurate.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our policies posted on this Site. We reserve the right to make changes to our Site, policies, and these terms and conditions at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, such term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions on the Site.
THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES
Our Site may contain links to other websites that are not operated by Trade Lanka. If you click on a partner or third-party link, you will be directed to the respective partner or third-party website. Please be informed that such websites shall not be governed by these terms and conditions given on this Site and we recommend you review the terms and conditions of any such website you visit through links on our Site. We have no control over and assume no responsibility for the content, terms, conditions, or practices of any third-party websites or services. We may display, include or make available third-party content (including logos, data, information, applications, and other product services) or provide links to partner or third-party websites or services (“Partner” or Third-Party Services”). You acknowledge and agree that we shall not be responsible for any partner or Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, or legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Partner or Third-Party Services. Partner or Third-Party Services and links on this Site are provided solely as a convenience to you and if you access and use them, it shall be entirely at your own risk and subject to such third party’s terms and conditions.
