1. Use of content
- 1.1. The services that we are providing to you via the Site consist of the Content and the Functionalities available on the Site or otherwise provided to you as a result of your use of the Site (“the Services”).
- 1.2. You acknowledge and agree that you are only permitted to use the Site and the Services as expressly set out in these Terms and Conditions or on the Site.
- 1.3. You agree that the Site and the Services are for your own personal use only on a single computer or device.
2. You may not
- a) Remove, change or obscure in any way anything on the Site and/or the Services or otherwise use any material obtained whilst using the Site and/or the Services except as set out in these Terms and Conditions.
- b) Reverse engineer or decompile (whether in whole or in part) any software used in the Site and/or the Services (except to the extent expressly permitted by applicable law) with the exception of the source code provided on the site.
- c) Copy or use any material from the Site and/or the Services for any commercial purpose.
- d) Remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site or obtained as a result of the Services.
- 2.1. Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
- 2.2. You may establish a link or “deep link” to the Site from your site, provided that you have obtained mascons.com prior written consent and that at mascons.com sole discretion, the context is relevant and the link or its description is not detrimental to mascons.com.
2.3. Users that are not subscribers to the mascons.com network acknowledge that access to the Site and/or the Services may be restricted at the sole discretion of mascons.com in the interest of fully subscribed customers of the mascons.com or Mascons (Pvt) Ltd network.
3. Your obligations
- 3.1. You warrant that you will only use the Site and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorize or permit any other party to):
- a) receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
- b) circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading mascons.com legitimate web pages (referred to as “page-jacking”) or use the Site or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and mascons.com will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
- c) knowingly or recklessly transmit any electronic Content (including viruses) through the Site and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by mascons.com or Mascons (Pvt) Ltd or other Internet users;
- d) hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Site and/or the Services or any other web site, or which is otherwise likely to damage or destroy mascons.com reputation or the reputation of any third party.
- 3.2. You acknowledge that chat, discussion group or bulletin board services and similar services offered by mascons.com or Mascons (Pvt) Ltd (“Public Communication Services”) are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. mascons.com or Mascons (Pvt) Ltd shall not be responsible for, and does not control or endorse any Content of any Public Communication Services.
- 3.3. If any information provided by you is untrue, inaccurate, not current or incomplete, mascons.com or Mascons (Pvt) Ltd has the right to terminate your account and refuse any and all current or future use of the Services or access to the Site.
4. Your information
5. Proprietary rights
- 5.1. All Trade Marks used on the Site and/or the Services are the trademarks of mascons.com or one of Mascons (Pvt) Ltd affiliates or partnered companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trademarks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of mascons.com and Mascons (Pvt) Ltd or the Trade Marks.
- 5.2. You acknowledge and agree that the Services and the Site or any part thereof, whether presented to you by mascons.com or Mascons (Pvt) Ltd, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- 5.3. You are only allowed to use the Site and the Services as set out in these Terms and Conditions and nothing on the Site and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of mascons.com or Mascons (Pvt) Ltd, any member of the mascons.com or Mascons (Pvt) Ltd partnerships or any third party, whether by estoppels, implication or otherwise.
- 5.4. Mascons.com or Mascons (Pvt) Ltd assumes no responsibility for the violation of any third party copyrights, trademarks, service marks, patents, or other proprietary rights and laws by the third party web Site which are linked to this Site.
- 6.1. Use of the Site is currently free. However, mascons.com or Mascons (Pvt) Ltd reserves the right to charge for access to part or all of the Site in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Site and in any accompanying terms and conditions.
- 6.2. You will need to provide all equipment necessary to access the Site and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Site.
7. Liability for content
- 7.1. It is your sole responsibility to satisfy yourself prior to using the Site and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Site and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Site and the Services to ensure that you download the most up to date version of the Site and the Services.
- 7.2. The Site and the Services are provided on an “as is” basis. Although every effort has been made to provide accurate information on these pages, neither mascons.com or Mascons (Pvt) Ltd, nor any of its employees, nor any member of the mascons.com or Mascons (Pvt) Ltd affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Site or in the Services.
7.3. You acknowledge that mascons.com or Mascons (Pvt) Ltd is unable to exercise control over the security or subject matter of Content passing over the mascons.com or Mascons (Pvt) Ltd network, the Site or via the Services and mascons.com or Mascons (Pvt) Ltd hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
8. Liability for third party content
- 8.1. The Site contains links to web Site, web pages, products and services also operated or partnered by mascons.com Mascons (Pvt) Ltd and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed as incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or web page or attached to the relevant products or services shall prevail over these Terms and Conditions.
- 8.2. mascons.com Mascons (Pvt) Ltd assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Site and the Services or which may be linked to and from the Site.
- 8.3. The Site and/or the Services may be used by you to link into other website, resources and/or networks worldwide. mascons.com or Mascons (Pvt) Ltd accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such website, resources and/or networks.
8.4. Subject to Clause 13, you agree that mascons.com or Mascons (Pvt) Ltd does not generally and is not required to monitor or edit the use to which you or others use the Site and the Services or the nature of the Content and mascons.com or Mascons (Pvt) Ltd is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, mascons.com or Mascons (Pvt) Ltd reserves the right to edit, bar or remove any Services and/or Content, at any time as mascons.com or Mascons (Pvt) Ltd in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.
9. Exclusion of liability
- 9.1. mascons.com or Mascons (Pvt) Ltd shall use its reasonable endeavors to ensure the maintenance and availability of the Site and the Services but availability may be affected by your equipment, other communications networks, user congestion of the mascons.com or Mascons (Pvt) Ltd network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
- 9.2. Neither mascons.com or Mascons (Pvt) Ltd nor any member of the mascons.com or Mascons (Pvt) Ltd shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, mascons.com or Mascons (Pvt) Ltd specifically excludes all liability whatsoever in respect of any loss arising as a result of:
a) use which you make of the Site and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, no deliveries, missed deliveries, or service interruptions;
b) and defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.
- 9.3. All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
- 9.4. Your only remedy under these Terms and Conditions is to discontinue using the Site and the Services.
- 9.5. mascons.com or Mascons (Pvt) Ltd makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material maybe downloaded without your knowledge, which may give unauthorized persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorized, possibly without your knowledge.
- 10.1. mascons.com or Mascons (Pvt) Ltd reserves the right to modify the Site and/or the Services or suspend or terminate the Site and / or the Services or access to part or all of them at any time.
- 10.2. mascons.com or Mascons (Pvt) Ltd reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective two weeks after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
- 11.1. You hereby agree to fully indemnify and to hold mascons.com or Mascons (Pvt) Ltd harmless from and against any claim brought by a third party resulting from the use of the Site and the Services or the provision of Content to mascons.com or Mascons (Pvt) Ltd by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by mascons.com or Mascons (Pvt) Ltd in consequence of such use of the Site and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
- 11.2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against mascons.com or Mascons (Pvt) Ltd arising from the above claims and shall provide mascons.com or Mascons (Pvt) Ltd with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
12. Monitoring / recording of communications
- 12.1. Monitoring or recording of your calls, emails, text messages or other communications may take place when required in accordance with the law, and in particular for mascons.com or Mascons (Pvt) Ltd business purposes, such as for quality control and training, to prevent unauthorized use of mascons.com or Mascons (Pvt) Ltd telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
13. Profligate use
- 13.1 Profligate use of the mascons.com or Mascons (Pvt) Ltd GPRS/Data Network is prohibited. mascons.com or Mascons (Pvt) Ltd considers that any application which transmit live video, live audio or make similar excessive traffic demands across the mascons.com or Mascons (Pvt) Ltd Network by whatever means, unless provided by mascons.com, constitutes making profligate use of the mascons.com or Mascons (Pvt) Ltd Network. Use of IP Multicast, other than by means provided and co-ordinated by mascons.com or Mascons (Pvt) Ltd is also prohibited.
- 14.1. mascons.com or Mascons (Pvt) Ltd may elect to suspend, vary or terminate the Services and the Site at any time without prior notice for repair or maintenance work or in order to upgrade or update the Site and the Services or for any other reason whatsoever.
- 14.2. mascons.com or Mascons (Pvt) Ltd may elect to terminate the Services or your access to the Site forthwith on breach of any of these Terms and Conditions by you, including, without limitation, delayed or nonpayment of sums due to mascons.com or Mascons (Pvt) Ltd or if mascons.com or Mascons (Pvt) Ltd ceases to offer the Site and the Services to its customers for any reason whatsoever.
- 15.1. Governing Law and Jurisdiction – These Terms and Conditions are governed by and construed in accordance with the law of Sri Lanka and you hereby submit to the exclusive jurisdiction of the Sri Lankan courts.
- 15.2. Severability – These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
- 15.3. Waiver – mascons.com’s or Mascons (Pvt) Ltd failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by mascons.com or Mascons (Pvt) Ltd in writing.
- 15.4. Assignment – You, in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by mascons.com or Mascons (Pvt) Ltd forthwith. mascons.com or Mascons (Pvt) Ltd may assign these Terms and Conditions in whole or in part to any third party at its discretion.
- 15.5. Rights of Third Parties – Except in the case of any permitted assignment of this Agreement under Clause 15.6, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained in this Agreement.
- 15.6. Force Majeure – mascons.com or Mascons (Pvt) Ltd shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom mascons.com or Mascons (Pvt) Ltd is not responsible.
- 15.7. Products & Pricing – All products are subject to availability. All prices are shown in Sri Lankan Rupees (Rs.) inclusive of taxes, and we reserve the right to change any price at any time
- 15.8. Quantity of product – We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
15.9. Errors, inaccuracies and omissions – Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- “Access Information” means the access information that we require from you before entering certain parts of the Site for which you have registered, which may be a e-mail address, username, password, your mobile phone number or CLI or similar recognition device;
- “Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics;
- “Functionalities” means the services offered on or via the Site, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;
- “Services” has the meaning given to it in Clause 2;
- “Terms and Conditions” means the contract between mascons.com or Mascons (Pvt) Ltd and you incorporating these terms and conditions;
- “Trade Marks” means the word or mark ” mascons.com “, however represented, including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
- ” mascons.com ” means Mascons (pvt) ltd, whose registered office is at 175 , Sri Sumanatissa Mawatha , Colombo 12, Sri Lanka and may also be referred to as ” Mascons (pvt) ltd. “, “we” or “us” in these Terms and Conditions.