Terms and Conditions

TERMS OF USE

Last Update [18.06.2021]

AGREEMENTS TO TERMS

Welcome to the website of Homins International [Company registration number W/A36196] in Sri Lanka and Homins UK Limited [Company Number 06736511] in the United Kingdom.

These Terms of Use constitute a (legally) binding agreement made between “you” (refers to the user of the website) and Homins (referred to as “Company”, “We”, “Us” or “Our”) concerning your access to and the use of the Company website, well as other media form, media channel, mobile website.

In continuing to browse this website, you agree that you have read, understood and agreed to comply with and be bound by these Terms of Use and the Privacy Policy governing Homins’ relationship with you in relation to this website.

We reserve the right, in our sole discretion, to make changes by updating the “Last Updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revied Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations, do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

AVAILABILITY OF THE SITE

Every care is taken over the preparation of the site. However, with certain technical matters being beyond our control, we cannot guarantee that you will always have uninterrupted access to the site.

INFORMATION ON THE SITE

The information provided on the site, has been included in good faith for general information purposes only. The information should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, data, text, documents, graphics, logos, databases, functionality, website designs, software, software interactive features, audio, video, photographs, RSS feeds, widgets, embeddable media players, advertisements or other content, services or materials on the Site (collectively the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws, database rights and other intellectual property rights and unfair competition laws of Sri Lanka, International Copyright Laws and International Conventions.

The Contents and the Marks provided on the site “As”, “Is” for your information and personal use only. No part of the Site, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, or posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or other otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

Provided that you have acquired written permission and eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

Except as specifically permitted by Us, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. You have the legal capacity, and you agree to comply with these Terms of Use.
  2. You are not a minor in the jurisdiction in which you reside.
  3. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise.
  4. You will not use the Site for any illegal or unauthorised purpose.
  5. Your use of the Site will not violate any applicable law or regulation.

PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. We do not guarantee that the colours, features, specification, and details of the products will be accurate, complete, reliable current, or free of other errors and that your electronic display may not accurately reflect the actual colours and details of the products.

All products are subject to availability. We reserve the right to discontinue any products at any time for any reasons. Prices for all products are subject to change.

PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate account information for all purchases made via the Site. You further agree to update your payment information, including email, address, payment method and other payment details, so that we can complete your transactions.

You agree to pay all charges at the prices, then in effect for your purchases and any applicable shipping fees and you authorize us to change your chosen payment provided for any such amounts upon placing your order. An order cannot be completed, until you have paid in full.

Prices are liable to change at any times; but changes will not affect orders in respect of the product which we have already sent you a Dispatch Confirmation.

CANCELLATION, RETURNS AND REFUND POLICY

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than for which we make the Site available. The Site may not be used in connection with any commercial endeavours, expect those that are specifically endorsed or approved by Us.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to Us are non-confidential and shall become our sole property.

We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.

You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THIS SITE AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1). ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS (2). PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (3). ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY ALL-PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (4). ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE (5). ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY (6). AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF HE HAVE BEEN ADVISED OF THE POSSIBILITY.

ONCE DELIVERED, THE PRODUCTS ORDERED WILL BECOME YOUR RESPONSIBILITY, AND EXPECT IN RELATION TO THE PRODUCTS THAT ARE DAMAGED OR FAULTY WHEN DELIVERED OR HAVE BEEN INCORRECTLY DELIVERED, WE WILL NOT ACCEPT ANY LIABILITY FOR THE PRODUCT’S LOSS, DAMAGE OR DESTRUCTION AFTER THEY HAVE BEEN DELIVERED.

MISCELLANEOUS

These Terms of Use and any policies or operating riles posted by Us on the Site or in respect to the Site constitute the entire management and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall no operate as a waiver of such right or provision. These Terms of Use operate to the full extent permissible by law.

We may assign any or all our rights and obligations to others at any times. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, or unreasonable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no venture, partnership, employment, or agency relationship created between you and us, a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive all defences you may have based on the electronic forms of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

USER DATA

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the site, sending us emails, and competing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via the email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery, or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will always be available. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Marketplace Offerings at any time or for any reason without notifying you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience cause by your inability to access or use the Site or the Marketplace Offerings during any downtime, or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings, or to supply any corrections, updates, or releases in connection therewith.

SITE MANAGEMENT

We reserve the right, but not the obligation to: (1). Monitor the Site for violations of these Terms of Use; (2). Take appropriate legal action against anyone, who in our sole discretion violates these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3). In our sole discretion, and without limitation refuse, restrict access to, limit the availability of, or dispose (to the extent technologically feasible) any of your Contributions or any portion thereof; (4). In our sole discretion and without limitations, notice, or liability, to remove from the Site, or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems; and (5). Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

TERM AND TERMINATION

These Terms of Use shall remain in full force ad effect while you use the Site. Without limiting any other provision of these Terms of Use, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE LIABILITY, DENY ACCESS TO ANY USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANT OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake, or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Email: info@homins.co.uk