Welcome to the Nexlanka.com
website (the "Site"). These terms and conditions ("Terms and
Conditions") apply to the Site, and all of its divisions, subsidiaries,
and affiliate operated Internet sites which reference these Terms and Conditions.
By accessing the Site, you confirm your understanding of the Terms and
Conditions. If you do not agree to these Terms and Conditions of use, you shall
not use this website. The Site reserves the right to change, modify, add, or
remove portions of these Terms and Conditions of use at any time. Changes will
be effective when posted on the Site with no other notice provided. Please
check these Terms and Conditions of use regularly for updates. Your continued
use of the Site following the posting of changes to these Terms and Conditions
of use constitutes your acceptance of those changes.
You are either 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 and revocable license to use
the Site, under the Terms and Conditions described, for the purpose of shopping
for personal items sold on the Site. Commercial use or use on behalf of any
third party is prohibited, except as explicitly permitted by us in advance. 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 expressed on this Site are those of the vendor and are not made
by us. Submissions or opinions expressed on this Site are those of the
individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site
may require registration or subscription. Should you choose to register or
subscribe for any such services or related features, you agree to provide
accurate and current information about yourself, and to promptly update such
information if there are any changes. Every user of the Site is solely
responsible for keeping passwords and other account identifiers safe and
secure. The account owner is entirely responsible for all activities that occur
under such password or account. Furthermore, you must notify us of any
unauthorized use of your password or account. The Site shall not be responsible
or liable, directly or indirectly, in any way for any loss or damage of any
kind incurred as a result of, or in connection with, your failure to comply with
this section.
During the registration process you agree to receive promotional emails from
the Site. You can subsequently opt out of receiving such promotional e-mails by
clicking on the link at the bottom of any promotional email.
‘Nex’ and
the community work together to keep our sites and services working properly and
the community safe. Please report problems, offensive content and policy
breaches to us. We work to ensure that listed items do not infringe upon the
copyright, trademark or other intellectual property rights of third parties. If
you believe that your intellectual property rights have been infringed, please
notify our team and we will investigate.
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.
A seller will pay a 15% commission on items sold in “Fixed Price” and “Auction” sections. The commission will only be charged once the sale is confirmed. Listing items in “Fixed Price” and “Auction” sections are free of charge.
Please note that there are
cases when an order cannot be processed for various reasons. The Site reserves
the right to refuse or cancel any order for any reason at any given time. You
may be asked to provide additional verifications or information, including but
not limited to phone number and address, before we accept the order. We are
determined to provide the most accurate pricing information on the Site to our
users; however, errors may still occur, such as cases when the price of an item
is not displayed correctly on the website. As such, we reserve the right to
refuse or cancel any order. In the event that an item is mispriced, we may, at
our own discretion, either contact you for instructions or cancel your order
and notify you of such cancellation. We shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
debit/credit card charged.
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 S copyright laws and international
conventions. All rights are reserved.
If a dispute arises between you
and ‘Nex’, our goal is to provide you with a neutral and cost effective means
of resolving the dispute quickly. Accordingly, you and ‘Nex’ agree that we will
resolve any claim or controversy at law or equity that arises out of this
Agreement or our services in accordance with one of the subsections below or as
we and you otherwise agree in writing. Before resorting to these alternatives, we
strongly encourage you to first contact us directly to seek a resolution. We
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as arbitration, as alternatives to
litigation.
1. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in
force in Sri Lanka Subject to the Arbitration section below, each party hereby
agrees to submit to the jurisdiction of the courts of Dhaka
2. ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms and
Conditions will be referred to and finally settled by private and confidential
binding arbitration before a single arbitrator held in Sri Lanka in English and
governed by Sri Lanka law pursuant to the Rules of Commercial Conciliation and
Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to
time. The arbitrator shall be a person who is legally trained and who has
experience in the information technology field in Sri Lanka and is independent
of either party. Notwithstanding the foregoing, the Site reserves the right to
pursue the protection of intellectual property rights and confidential
information through injunctive or other equitable relief through the courts.
We do not sell or rent your
personal information to third parties for their marketing purposes without your
explicit consent. We use your information only as described in the ‘Nex’
Privacy and Confidentiality Policy. We view protection of users' privacy as a
very important community principle. We store and process your information on
computers that are protected by physical as well as technological security
devices. You can access and modify the information you provide us and choose
not to receive certain communications by signing-in to your account. We use
third parties to verify and certify our privacy principles. For a complete
description of how we use and protect your personal information, see the ‘Nex’
Privacy and Confidentiality Policy. If you object to your information being
transferred or used in this way please do not use our services.
You will indemnify and hold us
(and our officers, directors, agents, subsidiaries, joint ventures and
employees) harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of your breach of this
Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
We shall send notices to you by
email to the email address you provide to ‘Nex’ during the registration
process. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, we
may give you legal notice by registered mail to the address provided during the
registration process. Notices sent to you by registered mail shall be deemed to
have been received by that party three days after the date of mailing.
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 of Jade E Services (Sri Lanka PVT Limited) Brilliant 1442 GmbH, Johannesburg 20, 10117, Berlin, Germany, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.