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These terms and conditions are between www.surainfireworks.com and between the buyers or users of this website. We recommend all users to read the terms and conditions carefully before using or registering on the website or accessing any material, information or services through the website. Your use of this website or the services provided by the website shall signify your acceptance of the terms and conditions and your agreement to be legally bound by the same.
Any document produced through this website www.surainfireworks.com will be electronic system generated. It means that any document generated as an electronic record, does not require an electronic or physical signature.
A. GENERAL
A.1 www.surainfireworks.com (“Website”) is an Internet based portal owned and operated by Surain Fireworks, a company incorporated under the laws of Sri Lanka, with its registered office at Surain Fireworks, No 224/1, Iddagodalla Road, Kimbulapitiya. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these terms, amendments made by Surain Fireworks at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
A.2 www.surainfireworks.com shall not be required to notify you, whether as a registered user or not, of any changes made to the terms of use. The revised terms of use shall be made available on the Website. Your use of the website and the services is subject to the most current version of the terms of Use made available on the website at the time of such use. You are requested to regularly visit the home page www.surainfireworks.com to view the most current terms of use. You can determine when we last modified the Terms of Use by referring to the “Last Updated” legend below. It shall be your responsibility to check these terms of use periodically for changes www.surainfireworks.com may require you to provide your consent to the updated terms of use in a specified manner before prior to any further use of the website and the services is provided on the website. If no such separate consent is sought, your continued use of the Website, following changes to the terms of use, will constitute your acceptance of those changes.
A.3 By using this website or any facility or service provided by this website in any way or merely browsing the website, you agree that you have read, understood and agreed to be bound by these Terms & Conditions and the website’s Privacy Policy available at the footer navigations.
A.4 www.surainfireworks.com agrees to deliver the merchandise ordered by you only at such locations as per the areas mentioned in the delivery chart. www.surainfireworks.com shall not be liable to deliver any merchandise or services purchased by users for delivery in locations outside Sri Lanka shall not be entertained.
A5. If any product not available at the time of delivery, we will automatically upgrade your order with some other related products or remove the product with your consent.
B. COMMUNICATION
B.1 You hereby expressly agree to receive communications by way of SMS, WhatsApp, e-mails from [email protected] relating to services provided through the website www.surainfireworks.com.
OUR CUSTOMER SUPPORT WHATSAPP TEXT MESSAGE NUMBER-0774680426 (REPLY TIME-10 AM-6.30 PM)
B.2 A User can unsubscribe from receiving communications from [email protected] or 0774680426 by replying to the message that you are required to unsubscribe.
B.3 All notices of www.surainfireworks.com will be served by email or by general notification on the website only. Any notice provided to www.surainfireworks.com pursuant to the Terms & Conditions should be sent to [email protected].
B.4 You cannot assign or otherwise transfer the terms and conditions, or any rights granted here under to any third party. www.surainfireworks.com has rights under the Terms and conditions to freely transferable to any third parties without the requirement of seeking Your consent.
B.5 If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
C. SERVICES
C.1 The Website is a platform that facilitates the online sale and purchase of “Surain Fireworks” products and services offered by www.surainfireworks.com/ various affiliate/ registered merchants/ vendors/service providers at a discounted price. The services are offered to the users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the website shall be governed by the Terms of Offer For Sale.
C.2 Free home delivery will be provided all over Sri Lanka for orders Rs 2500 & above.
C.3 For orders below Rs 2500, there will be delivery charge added based on the weight of the package. That delivery charge will be calculated at displayed at the checkout process.
C.4 We have given the brief note on the way firework is lit, quantity and quality of each and every product for the viewer’s benefit. A click on the image will tell you all the details about the product.
C.5 Delivery time can’t be the same for all the cities and provinces, there may be variation depending on the distance.
C.6 Usually your products will be delivered within 2- 5 days.
C.7 We surainfireworks.com do not take responsibility for the non-delivery of the products, if the mistake is in your side. (i.e. wrong name or address).
D. ELIGILIBITY FOR USE
D.1 The services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the www.surainfireworks.com system by for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the services or use the website. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in Sri Lanka. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the services provided by www.surainfireworks.com through your legal guardian in accordance with the applicable laws.
D.2 www.surainfireworks.com reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
E. USER ACCOUNT, PASSWORD AND SECURITY
E.1 The Website allows restricted access to the services for unregistered users.
E.2 www.surainfireworks.com makes the full services available to you through the website only if you have provided www.surainfireworks.com/ certain required user information and created an account login ID and password, which can include a gmail, yahoo ID or any other valid email ID. The services may also be subject to procedures for use of the website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices,.
E.3 The Website requires you to register as a user by creating an account in order to avail of the full services provided by the Website. You will be responsible for maintaining the confidentiality of the account Information (User ID, password), and are fully responsible for all activities that occur under Your account. You agree to immediately notify www.surainfireworks.com of any unauthorized use of your account information or any other breach of security, and ensure that you exit from your account at the end of each session. www.surainfireworks.com cannot and will not be liable for any loss or damage arising from your failure. You may be held liable for losses incurred by www.surainfireworks.com/ or any other user of or visitor to the website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
E.4 You shall ensure that the account information provided by you in the website’s registration form is complete, accurate and up-to-date. Use of another user’s account Information for availing the services is expressly prohibited.
E.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or www.surainfireworks.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.surainfireworks.com has the right to suspend or terminate our account and refuse any and all current or future use of the website (or any portion thereof).
F. PRICING INFORMATION
F.1 www.surainfireworks.com strives to provide you with the best prices possible on products and services you buy or avail of from the website. The pricing details for purchase of products and services from the website are mentioned in each product.
F.2 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing services on the website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, You must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. www.surainfireworks.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
F.3 www.surainfireworks.com or Surain Fireworks shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by www.surainfireworks.com/ with our acquiring bank from time to time.
F.4 Except for the price of the products that are given, there is no other hidden charges.
F.5 All Discounts and promotions if eligible, will be applied as mentioned in the website and automatically calculated towards the bill amount
F.6 After checkout, you will receive order copy to your mail.
F.7 Details and the piece of the products can be changed without any notice. Even there may be changes in images and videos.
G. USER OBLIGATION
G.1 Subject to compliance with the terms of use, www.surainfireworks.com grants you a non-exclusive, limited privilege to access and use this website and the services provided therein.
G.2 You agree to use the services, website and the materials provided therein only for purposes that are permitted by the terms and conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
G.3 You agree to adhere to all limitations on dissemination, use and reproduction of any
materials that you access on the website.
G.4 You agree not to access the website and the materials or services by any means other than through the interface that is provided by www.surainfireworks.com . You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website.
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of www.surainfireworks.com or other third parties.
H. USE OF WEBSITE
H.1 www.surainfireworks.com hereby grants you a non-exclusive, freely revocable,
non-transferable access to view, download and print product catalogs or any other materials available on the website, subject to the following conditions:
H.1 a) You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use.
H.1 b) You may not distribute or sell, rent, lease, license or otherwise make the product catalogs or any other materials available on the Website available to others.
H.1 c) You may not remove any text, copyright or other proprietary notices contained in the product catalogs or any other materials available on the Website.
I. INTELLECTUAL PROPERTY RIGHTS
I.1 The website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music, artwork and computer code on the website is owned and controlled by www.surainfireworks.com/ and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
I.2 The trademarks, logos and service marks displayed on the website are the property of www.surainfireworks.com or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.
J. DISCLAIMER OF WARRANTY & LIABILITY
J.1 The website www.surainfireworks.com, provide services and other materials on an as is basics, that means there shall be no warranties for the following
J.1 a) The website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, or error free
J.1 b) The result that may be obtained from the use of the website or services or materials will be effective, accurate or reliable.
J.1 c) The quality of the website or services or materials will meet your expectations.
J.1 d) We at www.surainfireworks.com/ will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or your account information in connection with the website or its services or materials either with or without your knowledge.
J.1 e) We will not be responsible for any non-availability of the website during periodic
maintenance operation or any unplanned suspension of access to the website that may occur due to technical reasons or for any reasons beyond our control.
K. INDEMNIFICATION AND LIMITATION OF LIABILITY
K.1 You agree to indemnify, defend and hold harmless www.surainfireworks.com/ including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by www.surainfireworks.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, You agree to hold www.surainfireworks.com or Surain Fireworks park harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the website, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.
K.2 In no event shall www.surainfireworks.com or Surain Fireworks, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not www.surainfireworks.com has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
L. VIOLATION OF TERMS AND CONDITIONS
L.1 You agree that www.surainfireworks.com may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the website if we at www.surainfireworks.com determines that You have violated these terms and conditions or additional terms. You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to www.surainfireworks.com , for which monetary damages would be inadequate, and you consent to www.surainfireworks.com obtaining any disjunctive or equitable relief that www.surainfireworks.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies www.surainfireworks.com may have at law or in equity.
L.2 You agree that www.surainfireworks.com/ may, in its sole discretion, and without prior notice, terminate or modify or correct or change or remove the information or material of the website or any service offered on or through the website at any time.
L.3 If we at www.surainfireworks.com or Surain Fireworks does take any legal action against you as a result of Your violation of these Terms & Conditions Surain Fireworks will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Surain Fireworks.
M. TERMINATION
M.1 If You want to terminate your agreement with www.surainfireworks.com, you may do so by not accessing the website or by closing Your accounts from our website.
M.2 www.surainfireworks.com may, at any time, with or without notice, terminate the Terms & Conditions (wholly or portion) with you if you breach any of the provisions of the Terms & Conditions, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same.
M.3 www.surainfireworks.com may also terminate or suspend all or a portion of your account or access to the services with or without reason. Termination of your account may include the following
M.3 a) Removal of access to all offerings within the website or with respect to the services.
M.3 b) Deletion of your materials and account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account and
M.3 c) Barring of further use of the services.
M.4 You agree that all terminations shall be made in www.surainfireworks.com sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the website and services.
N. GOVERNING LAW
N.1 These terms and conditions and all transactions entered into on or through the website and the relationship between you and www.surainfireworks.com shall be governed in accordance with the laws of Sri Lanka without reference to conflict of laws principles.
N.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website shall be subject to the exclusive jurisdiction of the courts in Sri Lanka and you hereby agree to and accept the jurisdiction of such courts.
O. REPORT ABUSE
In the event you come across any abuse or violation of these terms and conditions or if you become aware of any objectionable content on the website, please report to [email protected]
P. FEEDBACK & INFORMATION
Any feedback you provide to this website shall be deemed to be non confidential.
www.surainfireworks.com shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant the following
P.1 Your feedback does not contain confidential or proprietary information of you or of third parties
P.2 www.surainfireworks.com is not under any obligation of confidentiality, express or implied, with respect to the feedback.
P.3 You are not entitled to any compensation or reimbursement of any kind from
www.surainfireworks.com for the feedback under any circumstances.
Q.OFFERS AND DEALS
Q.1 Offers cannot be transferred from one account to another.
Q.2 Coupons cannot be redeemed for cash.
Q.3 The expiration of the offers will depend on the activity it is being credited against.
Q.4 www.surainfireworks.com reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
Q.5 www.surainfireworks.com reserves the right to extend or terminate the validity of offers and deals associated to any activity at any time.
Q.6 www.surainfireworks.com has no obligation to compensate the customer after the
termination/expiration date of the offers and deals.
Q.7 www.surainfireworks.com reserves the right at any time, without notice, to
add/alter/change/or vary any or all of these terms and conditions or to replace, wholly or in part, the offers and deals featured on the website or to withdraw it altogether.
Q.8 The use of the offers and deals by the customer for redemption will be deemed to the acceptance of these Terms and Conditions in addition to the rest of the terms and conditions and that the customers understand and agree to be unconditionally bound by the same.
Q.9 www.surainfireworks.com reserves the right to disqualify any customers from the benefits mention herein above. In case of any fraudulent activity, prosecution will be carried out against the concerned customer.