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Terms and Conditions

1.IN GENERAL

Access to and use of this Website and the products and services (hereinafter collectively “the Services”) offered through this Website is subject to the following terms and conditions. By use of the Services of the Website you are agreeing to be bound by the terms and conditions contained herein. You also agree that the terms and conditions contained herein may be updated, changed and / or withdrawn by us at any time without notice to you.

We will not be liable if for any reason at any point in time this Website is unavailable or if you have been restricted access to whole or part of the Website.

You acknowledge and accept that this Website also contains links to other Websites that do not belong to and / or not operated by HISL (also referred to as “Omentra”) and you are aware that HISL has no knowledge and / or control over the content, accessibility and / or availability of such third party websites you may access through this Website. You further acknowledge and accept that your use of such third party websites shall subject you to the terms and conditions contained in such websites which we will bear no responsibility and / or liability for.

2.PRIVACY POLICY

Our Privacy Policy shall set out the manner in which we will be accessing and using the personal information provided to us by you and / or authorized by you as acceptable to access and use. By use of this Website and / or the Services under this Website you agree to be bound by the terms and conditions set out in our Privacy Policy  and you warrant that all details / date provided by you is accurate.

3.PROHIBITIONS

You will not misuse this Website and / or the Services provided under this Website. Without limiting the breadth of the foregoing you acknowledge and accept that you will not use the Website in a manner so as to conflict with normal exploitation of the Website or unreasonably prejudice the legitimate interests of HISL in use of the Website. You will not commit, instigate, facilitate or encourage a criminal offense, the publishing of any material that is offensive, malicious, obscene, in breach of confidence, transmit or distribute a virus, logic bomb, Trojan horse, worm or in any way discriminatory and / or detrimental to HISL and or its reputation and / or any third party user of the Website and / or in any way harmful or intended to create harm. HISL will not tolerate any material / information that is contrary to the above and / or in any way used, posted, manipulated to cause annoyance to others, corrupt data, infringe upon any other person’s proprietary rights, hack into any aspect of the Service, send any “spam” material meaning any unsolicited promotional and / or advertising material, or attempt to affect the use, performance or functionality of any computer facilities of HISL or its partners or any other third party website involved in the operation and / or maintenance of this Website.

You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these General Terms and Conditions. You acknowledge and hereby consent to such monitoring. Breach of any of these Terms and Conditions shall allow HISL to duly report you to any relevant authorities and to disclose any and all personal / identifying information to the law enforcement authorities in order that they may address such offence, breach, violation, act or otherwise. HISL shall not be responsible and / or liable for any information provided to such law enforcement authorities on request.

HISL will not be held liable or responsible for any loss, cost, damage or otherwise caused to you due to any distributed denial-of-services attack, viruses or other technologically harmful material that may enter, affect, infect and / or disrupt your computer and / or its equipment, programs, data or other proprietary material due to your use of this Website or your downloading of any content of this Website or any third party website through this Website. HISL will not be held responsible for any loss, costs, damage or otherwise incurred by you due to any use by you of third party websites through this Website for any reason whatsoever.

4.INTELLECTUAL PROPERTY RIGHTS

All original icons, logos, illustrations, and graphic designs, copyrights created by HISL for use on the Website are the exclusive property of HISL. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-sublicenseable license to use such Party’s trademarks, tradenames, copyrights, logos or other commercial or product designations (collectively “IP”) for your personal use. You shall not alter, reproduce, form any combination marks with any other mark or in any manner distort the IP of HISL in any manner or form and / or use the IP of HISL for the purposes of publishing, manipulation for your personal and / or commercial use, format, reproduce, distribute in any form or manner the content and / or IP appearing on this Website. You shall not take any action inconsistent with the ownership of the IP and any rights and benefits accruing under the IP shall automatically vest in HISL. 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with HISL and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to HISL.

5.TERMS OF SALE

You accept that you may conduct purchases of certain products of which the pricing is displayed on the Website, through the usage of credit cards/debit cards. You may also generate inquiries for quotations or further information via the Website. You are also given the ability to download quotes for the prices that are shown on the Website. However, for the pricing and availability disclaimers, please refer section 06 of the General Terms and Conditions.

6.PRICING AND AVAILABLITY

You accept that the prices may either be visible on our Website or that you may have to independently verify the prices with the relevant Suppliers as per the requirements of the Supplier. The prices may also either be inclusive or exclusive of taxes as conveyed by the Suppliers. We will not be responsible for any discrepancy or error in pricing or the information provided by the Supplier through our Website. In the event a query is generated in respect of price related matters we undertake to forward such queries to the Supplier without delay. However, we cannot ensure and we will not be responsible for any delay / failure on the part of the Supplier to respond to such queries.

The Supplier shall convey to us the availability of a specific Product on the Website. In the event of a specific Product being unavailable, inquiries pertaining to the same shall be directed to the Supplier. We do not undertake to ensure that any Product will be available on the Website at all times.

7.PAYMENTS AND DISCOUNTS

Option 1

Any purchase under the Website may be carried out through credit card or debit card where the transaction will be processed by us and thereafter directed to the relevant Supplier. We confirm that all details provided herein under shall be subjected to the strictest form of confidentiality by us.

Option 2

Generate an inquiry to the relevant Supplier regarding a purchase of a Product at which point the payment for the Product shall be directly handled by the Supplier and we shall not undertake any liability in respect of the same. We also confirm that you will not be charged any additional fee by us for generating an inquiry directly to the Supplier.

Discounts on the Website may be available only as and when informed by the Supplier. We do not have any control over the discounted amounts and / or the terms and conditions accompanying the same and we undertake only to display such discounted Products / details on our Website as instructed by the Supplier.

8.WEBSITE - MERELY A VENUE/PLATFORM

Web site acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through our on-line exchange. 

Web site acts as a mere venue/platform for our members to negotiate/interact for buying, selling and other business services by way of locatingWe do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between any party. companies to trade with, through our on-line exchange.

9.USER(S) ELIGIBILITY

User(s) means any individual or business entity/organization that legally operates in Sri Lanka or in other countries, uses and has the right to use the services provided by Omentra. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Sri Lankan Law, i. e. user(s) must be at least 18 years of age to be eligible to use our services. 

Omentra advises its users that while accessing the web site, they must follow/abide by the related laws. Omentra is not responsible for the possible consequences caused by your behaviour during use of web site. Omentra may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.

10.USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all Omentra services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

11.AMENDMENT TO USER(S) AGREEMENT

Omentra may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.

12.LIMITATION OF LIABLITY OF HISL

HISL shall at no point be liable to the Supplier and / or the Customer and / or any third party for;

  1. any of the content, information, display of the Supplier advertised and / or marketed or promoted by the Web Portal that have been provided by the Supplier;
  2. quality, quantity, fit for purpose, specifications or otherwise any matter relating to the Products marketed through the Web Portal;
  3. delivery of the Products and / or any matters arising there out of, unless otherwise specifically and clearly mentioned;
  4. any Intellectual Property rights infringement due to any acts, omissions, negligence or otherwise by the Supplier;
  5. any warranties or guarantees provided by the Supplier in relation to the Products.

All rights, not otherwise claimed under this agreement or by Omentra.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Omentra does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively the "content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Omentra be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

The information presented here has been compiled from publicly aired and published sources. Omentra respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. Omentra reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.

13.TRADEMARKS

"Omentra", "Omentra.com", "SolutionGuru", "BusinessStartsHere", and related icons and logos are registered trademarks or trademarks or service marks of Omentra in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

14.COPYRIGHT

All content on this web site is the copyright of Omentra except the third party content and link to third party web site on our website.

Omentra respects the intellectual property rights of others, and we expect our user(s) to do the same. We believe that user(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the web site (the "Omentra content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Omentra, or otherwise commercially exploiting the Omentra content. Systematic retrieval of Omentra content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Omentra is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Omentra's services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. Omentra reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Omentra service, or if Omentra believes that user(s) conduct is harmful to the interests of Omentra, its affiliates, or other users, or for any other reason in Omentra's sole discretion, with or without cause.

15.URL'S/SUB-DOMAINS

URL's/Sub-Domain Names assigned by Omentra to its users (which includes both paid and free) is the exclusive property of Omentra and it cannot be assumed to be permanent in any case. Omentra reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit the URL's/Sub domain names. IN SUCH CASE, OMENTRA WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

16.LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and Omentra has not have any control over such sites i.e content and resources provided by them.

Omentra may allow user(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Omentra believes that user(s) acknowledge that Omentra has no control over such third party's site, does not monitor such sites, and Omentra shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.

17.TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, Omentra reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. Omentra also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Omentra and/or other visitors to the web site. Omentra reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

Omentra withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:

  1. If it concludes that the user(s) have provided any false information in connection with the member account to Omentra, or are engaged in fraudulent or illegal activities.
  2. The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
  3. Utilize web site to send spam messages or repeatedly publish the same product information.
  4. Post any material to members that are not related to international trade or business cooperation.
  5. Impersonate or unlawfully use another companies name to post information or conduct business of any form.
  6. Any unauthorized access, use, modification, or control of the web site data base, network or related services.
  7. Obtain by any means web site member's user name and/or password

If Omentra terminates user(s) membership, user(s) will not have the right to re-enroll or join Omentra under a new account or name unless formally invited to do so by IIL. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.

18.REGISTERED USER(S)

To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out.

User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.). Omentra will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Web site may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Omentra during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Omentra to share such information with other user(s). Omentra may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Web site may suspend or terminate a Registered membership at any time without any prior notification in interest of Omentra or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of Omentra in any way.

Despite my and organization's contact number(s) are on Do Not Call Registry, I consent to be contacted by Omentra through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Omentra.

19.DATA PROTECTION

Personal information supplied by user(s) during the use of the web site is governed by our privacy policy. Please click here to know about our privacy policy.

20.POSTING YOUR CONTENT ON WEBSITE

Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the web site using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.

Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the web site using the self-help submit and edit tools provided at the respective Omentra in such case is not the author. The content here is contributed by anonymous, registered or paid user(s). Neither Omentra nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. Omentra is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, Omentra is not responsible for the conduct of user(s) activities on the web site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct. section. User(s) may need to register and/or pay for some of these services.

User(s) solely represent, warrant and agree to:

  1. provide Omentra with true, accurate, current and complete information to be displayed on the web site, and;
  2. maintain and promptly amend all information to keep it true, accurate, current and complete.

User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Omentra to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the web site (hereafter referred to as "Third Party Rights").

User(s) hereby represent, warrants and agree that user(s) shall be solely responsible for ensuring that any material or information you post on the web site or provide to web site or authorize the web site to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.

User(s) hereby represent, warrant and agree that information submitted to Omentra for display on the web site will not:

  1. Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
  2. Be part of a scheme to defraud other User(s) of the web site or for any other unlawful purpose;
  3. Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
  4. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  5. Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
  6. Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
  7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  8. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
  9. Solicit business from any User(s) in connection with a commercial activity that competes with Omentra;
  10. Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  11. Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or,
  12. Otherwise create any liability for Omentra or its affiliates.

Omentra reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the web site which it reasonably believes is unlawful, could subject Omentra to liability, violates the terms and conditions and/or Agreement or is otherwise found inappropriate in Omentra’s opinion. Web site reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrong doing.

In connection with any of the foregoing, web site may suspend or terminate the Account of any User as web site deems appropriate in its sole discretion. User(s) agree that web site shall have no liability to any User(s), including no liability for consequential or any other damages, in the event web site takes any of the actions mentioned in this Section, and that you agree to bear the risk that web site may take such actions.

Web site acts as a content integrator and is not responsible for the information provided by user(s) to be displayed on the web site. Omentra does not have any role in developing the content.

21.INTERACTION BETWEEN USERS

Omentra provides an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions and does not charge any commission for enabling any transaction. Web site does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Omentra encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.

User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the web site.

Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks".

User(s) agree that Omentra shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, Omentra terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify Omentra (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use Omentra database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

Omentra reserves the right to add/modify/discontinue any of the features offered with a service.

22.LIMITATION OF LIABILITY/DISCLAIMER

The features and services on the web site are provided on an "as is" and "as available" basis, and web site hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Omentra makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, and, completeness of any information provided on or through the web site. Omentra does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site does not violate any third party rights; and Omentra makes no representations or warranties of any kind concerning any product or service offered or displayed on the web site. Any material downloaded or otherwise obtained through the web site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from web site or through or from the web site shall create any warranty not expressly stated herein.

Under no circumstances shall web site be held liable for an delay or failure or disruption of the content or services delivered through the web site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the web site (including but not limited to the display of your information on the web site) or from your breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to web site.

User(s) hereby further agree to indemnify and save web site, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the web site. User(s) hereby further agree that web site is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Web site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with web site in asserting any available defenses.

Omentra web site shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

  1. The use or the inability to use the web site;
  2. Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;

Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; Unauthorized access by third parties to data or private information of any User(s); Statements or conduct of any User(s) of the web site; or, Any matters relating to Premium Services however arising, including negligence.

23.NOTICES

All notices or demands to or upon web site shall be effective if in writing and shall be duly made when sent to Omentra in the following manner: to Omentra, 25, Foster Lane, Colombo 10, Sri Lanka.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) to web site, or by posting such notice or demand on an area of the web site that is publicly accessible without a charge.

Notice to a User(s) shall be deemed to be received by such User(s) if and when web site is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon web site's posting such notice on an area of the web site that is publicly accessible without charge.

24.GOVERNING LAW AND DISPUTE RESOLUTIONS

Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka and the Courts of Sri Lanka shall have jurisdiction to determine all claims, disputes and other matters arising out of or in connection with the said

25.MISCELLANEOUS

These General Terms and Conditions including the Privacy Policy and Returns and Delivery Terms shall constitute the entire and complete Agreement between Omentra and you and supersedes all prior or contemporaneous agreements of representations, written or oral with respect to the subject matter. Headings given to various clauses are inserted for ease of reference only, and do not form part of this agreement for the purposes of interpretation.

  1. In the event of the application of any provision of this agreement or a circumstance, become invalid and/or unenforceable, the remainder of this agreement will remain to the fullest extent permitted by law thus not defeating the original intention of the agreement.
  2. No omission or delay on the part of Omentra exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of such right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by law.
  3. Omentra shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
  4. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Web site's failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives Omentra's right to act with respect with subsequent or similar breaches.

Web site shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to any/all of its Services to any person or entity.

If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

All calls to Omentra are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from Omentra may be monitored and recorded.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Omentra with respect to access to and use of the web site, superseding any prior written or oral agreements in relation to the same subject matter herein.

26.DISCLAIMER OF LIABLITY

The material provided under this Website is “AS IS” and is without guarantees, warranties or conditions as to its accuracy, veracity and / or validity. Unless expressly provided for by HISL in these General Terms and Conditions and or in the Website, HISL and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any indirect, incidental, consequential, special, exemplary or punitive damages, and arising out of the performance, use or otherwise of this Website including but not limited to loss of goodwill, lost profits or revenue, lost data or loss of use, whether based upon a claim or action of contract, warranty, negligence, strict liability or other tort or otherwise arising out of performance, use and / or otherwise of this Website.

27.INDEMNITY

You agree to defend HILS and its affiliates, partners, agents, assigns against any third party claim, action, suit or proceeding resulting from your acts, omissions or misrepresentations including without limitation breach of the warranties misconduct and negligence, misuse or otherwise of this Website and / or the Services and you shall indemnify HISL for all losses, damages, liabilities and all reasonable expenses and costs incurred therein.

28. COMPLAINTS

You agree that any complaints that you may have would have to be directed to us using the Complaints Form section provided in our Website. We shall review such complaints and provide a reply to you within a time period of 72 hours. However, you accept that we are not liable to provide complaint resolutions favourable to you at all times.