Terms Of Service

 

By using this Website, placing an order with ClickSri on this Website or through other means, clicking the “buy” button, or checking the boxes, you agree to the ClickSri Terms and Conditions set forth below, including, without limitation, the ClickSri Privacy Policy.

Scope

1.1 We herein inform you that the products you will be ordering are sold to you by the name ClickSri (each “ClickSri,” “We,” “Us” or “Our”). We act as an authorized reseller of a variety of partners, including, without limitation, the sale of Products and will be the merchant of record for your order and purchase. To manage Your Order to the Products, We provide You with a ClickSri MyAccount, the use of which is also subject to the Agreement. In addition, Your use of the Products is subject to the End User License Agreement (“EULA”) or specific terms and conditions provided by our partners and applicable for the use of the Products.

1.2 These ClickSri Terms and Conditions, including, without limitation, the ClickSri Privacy Policy, as amended from time to time, are collectively known as the “Agreement.” The Agreement applies to all purchases of Products made or confirmed through this website and/or through Our mobile app (individually and collectively, the “Website”) or made or confirmed through other mutually agreed upon means and to the use of Your ClickSri MyAccount. You understand and agree that this Agreement is enforceable against you or any entity with which you are employed or affiliated and on whose behalf the Products are used. If you are entering into this Agreement on Your own behalf, you confirm that you are of legal age or that you have Your parents’ or legal guardian’s consent and permission to do so. If you are entering into this Agreement on behalf of an entity, you represent that you have the authority to bind the entity to this Agreement. The terms “You” and “Your” refer to you, individually, or to each such entity on whose behalf you purchase the Products or use the ClickSri MyAccount. You hereby represent and warrant that You have CAREFULLY read and understood this Agreement, and that You accept this Agreement freely, voluntarily, and with full knowledge and understanding of its terms and conditions.

1.3 The ClickSri Privacy Policy is as set forth below and is part of this Agreement.

Order

2.1 ClickSri cannot guarantee that the Products are in stock. ClickSri reserves the right to reject Your submission of an order to purchase Products (“Order”) at any time and without any liability to ClickSri if, in ClickSri’s sole discretion, it is unable to process or fulfil Your Order. ClickSri shall have this right of rejection even if You should receive a notice via the Website that the Order was successfully submitted or completed (or similar language).

2.2 Promptly following any rejection by ClickSri of Your Order, ClickSri will refund any prior payments that You have made for the Products included in that Order.

2.3 You confirm that all information provided by You when placing an Order is complete, accurate and up-to-date so as to allow ClickSri to fulfil Your Order, and You will promptly update such information to keep it complete and accurate. You may update Your information via ClickSri MyAccount.

2.4 If You provide any information that is untrue, inaccurate, or incomplete, or if ClickSri has reason to believe that the information You provided is untrue, inaccurate, or incomplete, ClickSri may: (a) suspend or terminate Your account; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the Products; and/or (c) terminate this Agreement.

2.5 You will maintain the confidentiality of Your password, user ID, and other account credentials. You shall immediately notify ClickSri of any unauthorized use of Your account credentials, or any other breach of security that is known or suspected by You. You can give notice thereof as described in Clause 14.

2.6 Within Your ClickSri MyAccount, You will be requested to enter and save Your payment details to facilitate the payment of Your future purchases. We shall store such payment details on our secure servers. You may choose that We do not store Your payment details, in which case you shall be asked to enter all of Your payment details for every new or additional order you place with Us. You can update or manage Your payment options using Your ClickSri MyAccount at any time.

2.7 Your use of Your ClickSri MyAccount is personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part. As an entity you may assign your rights, except when We forbids it, with prior written consent from Us. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

2.8 You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.

2.9 You consent to the use of electronic communications in transacting business with ClickSri, including, without limitation, the electronic delivery of notices and other documents to You and our receipt of notices and other documents from you. If at any time You would like to cease doing business electronically with ClickSri, You will need to provide ClickSri with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You shall not use this Website to place any Orders, and any notices and documents from ClickSri will be provided to You on paper.

Right of Withdrawal

3.1 The right of withdrawal applies to any purchase of Products as follows:

3.1.1 In respect of any Products which are digital content which is available for immediate download, by clicking the ‘buy’ button, You consent to immediate performance by Us of this Agreement and acknowledge that You will lose Your right of withdrawal from this Agreement once the download or streaming of the digital content has begun.

3.1.2 In respect of Products supplied on a tangible medium: You have the right to withdraw form the Agreement, without giving reasons, during a period of at least 14 days, starting on the day after the Product(s) was received.

3.2 To exercise Your right of withdrawal, as applicable, We include below and offer to You the model withdrawal form available at the following link: withdrawal form

3.3

– 1. During the withdrawal period, You must handle the Product and the packaging carefully. You may only unpack or use the Product to the extent necessary to determine its nature, characteristics and operation. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

– 2. The consumer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.

– 3. The consumer is not liable for the value reduction of the product if the trader has not provided him with any legally required information about the right of withdrawal prior to or at the conclusion of the agreement.

3.4 We will communicate acknowledgment of receipt of Your cancellation request to You without delay and We will make the reimbursement without undue delay, and not later than 14 days after the day on which We were informed about Your decision to cancel this Agreement. We will make the reimbursement using the same means of payment as You initially used and You will not incur any fees as a result of the reimbursement.

Price and Payment

4.1 Prices are as specified on the Website; ClickSri only has the right to adjust prices of Products in an Order if such adjustment is caused by increases in delivery costs, the increase or imposition of any tax, duty or other levy, any variation in exchange rates, or any programming, data or other errors that count as apparent mistakes on the Website or in the Order. Prices for the Products specified on the Website are exclusive of shipping, handling, duties, and taxes, all of which shall be paid by You.

4.2 If applicable, prior to Product delivery, ClickSri will notify You in writing via email of any “EU Permitted Price Adjustments” (a “Notification Email”). The Notification Email will be sent to You at the email address that We have in Our records for You. By no later than the deadline set forth in the Notification Email, You may cancel Your Order for the Product for which the price was increased (a) via ClickSri My Account or (b) by sending a reply email to the Notification Email. If You do not so cancel Your Order within said deadline, You accept the new prices and conditions for the Product as set forth in the Notification Email.

4.3 You shall make payment for Your Order prior to Product delivery and by one of the methods that are indicated on the Website (or by such other method as may be mutually agreed upon in writing by You and ClickSri). When You place Your Order, ClickSri will charge the credit or debit card that You provided to ClickSri. If You do not pay applicable taxes to ClickSri for the Product, You must report and pay any applicable taxes to the appropriate governmental agencies.

4.4 ClickSri reserves the right to verify Your credit or debit card payments. In case of any non-payment to ClickSri following Product delivery, ClickSri may, without notification to You, transmit claims to the parties for which ClickSri acted as a reseller (the “Merchant”), and the Merchant or ClickSri shall have the right to repossess and resell such Products, and You hereby grant ClickSri, the Merchant, and their designated agents all rights available under applicable law, including, without limitation, the right to use electronic self-help means to terminate Your ability to access the Products, or otherwise repossess or reclaim the Products from You.

4.5 As between You and ClickSri, You shall be responsible for any fraudulent or unauthorized transactions made through the Website, including, without limitation, using Your account credentials, credit card or debit card.

Delivery: Risk of loss and Title

5.1 All delivery dates (whether provided on the Website, in an Order confirmation, or elsewhere) are estimates only and not a guarantee that any the Products will be delivered by a given date.

5.2 Delivery will be made to the address You provided to ClickSri for Your Order. You must immediately notify ClickSri via ClickSri My Account of any errors or omissions in the ClickSri Order confirmation notice at the Website or in the ClickSri payment notification that is sent to You at the email address that We have in Our records for You. ClickSri reserves the right, in its sole discretion, to impose additional charges for any adjustments You make to an Order (e.g., delivery address) after You submit an Order.

5.4 All risk of loss for the Products shall pass to You upon delivery of the Products to the location specified in Your Order (even if no signature is required for delivery). You agree and by placing Your Order have explicitly acknowledged that for Your purchase of Products in the form of digital content, Our performance under the Agreement is completed upon delivery. For Products made available on tangible mediums, upon Your refusal or failure to take delivery of the Products, all risk of loss for the Products will pass to You and, upon the demand of ClickSri, You shall pay ClickSri for the Products plus any additional amounts incurred by ClickSri as a result of Your refusal or failure to take delivery of the Products, including, without limitation, attempting delivery of the Products by any reasonable means, or storing the Products. ClickSri will be entitled to dispose of the Products in such manner as it sees fit if You have not taken delivery of the Products within thirty (30) days after (a) the scheduled date of delivery or (b) the date on which delivery was first attempted, whichever is later.

5.5 Except as Clause 3.2 or 12.1 may apply to Your Order, or as described by ClickSri in the Order form for Your Order, You are not entitled to revoke or cancel in whole or in part any Order.

5.6 Title to the Products (or, if licensed, Your copy of the Products) will pass to You when ClickSri receives payment in full for the Products (including, without limitation, any interest and other amounts due for the Products).

Conditions for the Products

6.1 The Products delivered by ClickSri are subject to the terms and conditions of this Agreement and the terms and conditions of a shopper license agreement or other agreement from the Merchant of the Products (collectively, the “EULA”). If You do not agree to the EULA, You are not authorized to use the Product and shall immediately notify ClickSri via ClickSri MyAccount. Unless otherwise expressly agreed in writing by the Merchant, the Products are licensed and not sold to You, irrespective of any use of the words “purchase,” “sale,” “reseller” or similar terms in this Agreement or at the Website. Unless and only to the extent permitted by the EULA or applicable law, You represent and warrant that You shall use the Products in accordance with the EULA and will not use the Products for any unlawful purpose.

Automatic Renewal

7.1 For some of the Products, We may provide You with an option to automatically renew the Product license or subscription. If You elect automatic renewal, each renewal term for the Products will be equal in duration to the initial term for such Products. At any time during a renewal term, You may elect to not renew the Product license or subscription for the forthcoming renewal term, in which case this Agreement with regard to such non-renewed Products shall be terminated upon the expiration of the then-current renewal term. Upon any termination of this Agreement, You shall uninstall and destroy all copies of the Products and discontinue all use of the Products, unless and only to the extent You are permitted by the EULA or applicable law to retain copies of the Products.

Feedback

From time to time, ClickSri or a third party engaged by ClickSri may request feedback and other information from You about such topics as the Products or Your experiences with the Products (“Feedback”). Providing ClickSri with Feedback is optional. By providing Feedback to ClickSri, You grant ClickSri a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use the Feedback for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback in any medium whatsoever along with Your first name and last initial, and local geographic area, as determined by ClickSri in its sole discretion. ClickSri may also use the Feedback in anonymous and aggregate reviews.

Warranty Disclaimer

9.1 AS BETWEEN YOU AND CLICKSRI, THE PRODUCTS ARE DELIVERED “AS IS” AND YOU USE THE PRODUCTS AT YOUR OWN RISK. ALSO YOUR CLICKSRI MYACCOUNT AND OUR PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLICKSRI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLICKSRI HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THIS AGREEMENT.

Limitation of Liability: Indemnification: Release

10.1 IN NO EVENT SHALL CLICKSRI OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EVEN IF CLICKSRI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IF CLICKSRI SHOULD BE HELD LIABLE FOR ANY DAMAGES NOTWITHSTANDING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE ENTIRE LIABILITY OF CLICKSRI (INCLUDING ITS AFFILIATES) WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, REGARDLESS OF THE NUMBER OF ACTIONS OR NUMBER OF LICENSED COPIES OF THE PRODUCTS (AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED, NET VALUE OF THE PRODUCT OR ORDER IN QUESTION. NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST CLICKSRI OR ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NO OTHER LIMITATION CONTAINED IN THIS AGREEMENT SHALL LIMIT CLICKSRI’S LIABILITY TO YOU, TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL SURVIVE EVEN IF ANY EXCLUSIVE OR LIMITED REMEDIES PROVIDED IN THIS AGREEMENT SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.

10.2 To the maximum extent permitted by law, You shall indemnify, defend and hold harmless ClickSri and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) Your use of the Products; or (b) Your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

10.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING MERCHANTS) CONCERNING THE PRODUCTS, THE WEBSITE OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Termination

11.1 In addition to and not in lieu of ClickSri’s other rights, ClickSri may, upon written notice to You via email, suspend or cancel Your Order for delivery of the Products, use electronic self-help means to terminate Your ability to access the Products (if permitted by applicable law), block Your use of Your ClickSri MyAccount or terminate this Agreement, if:

11.1.1 any step, process, application, filing in court, order, proceeding, notice or appointment is taken or made by or in respect of You for a moratorium, composition, compromise or arrangement with creditors, administration, liquidation, dissolution, receivership (administrative or otherwise), distress or execution;

11.1.2 You become insolvent or We deem You unable to pay Your debts as they come due.

11.1.3 anything similar to the foregoing occurs; or

11.1.4 You fail to comply with any terms and conditions of this Agreement or the EULA.

11.2 This Clause 10.2 and the following provisions will survive any termination of the Agreement: Clauses 1 (Scope), 5 (Conditions for the Products), the last sentence of Clause 6 (Automatic Renewal), 8 (Warranty Disclaimer), 9 (Limitation of Liability; Indemnification; Release), 14 (Notices), 15 (Governing Law), 16 (Disputes) and 18 (General). In addition, any provisions which by their nature contemplate effectiveness beyond the termination of this Agreement shall survive any such termination. ClickSri’s remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.

Inspection: Complaints

12.1 Upon delivery of the Products, You should inspect the Products and verify that the Products as delivered are in accordance with Your Order, including, without limitation, verifying that no items are missing from Your Order.

12.2 Within fifteen (15) days after the Products are delivered, You must provide written notice to ClickSri if any of the Products as delivered are not in accordance with Your Order. Such written notice shall be sent by You to ClickSri as specified in Clause 14 (Notices). If delivery of such Products was made by the Merchant of the Products, You must also, within said fifteen (15) days, provide written notice to that party in accordance with the terms of the EULA.

12.3 If you have purchased Products and you are dissatisfied with the Products or Your experience with Us, we encourage you to contact Usfor further assistance as per the contact details mentioned on the website

Refunds

13.1 All refund and exchange requests are managed by ClickSri and are made pursuant to the ClickSri Refund Policy which refund policy is hereby incorporated into this Agreement by reference.

Notices

14.1 Any notice to ClickSri that is required or permitted by this Agreement shall be in writing and shall be deemed given: (a) if sent by mail to the applicable ClickSri office identified in the “Contact Us” section of the Website, five (5) Business Days after deposit in the mail, postage prepaid; (b) if sent by fax to the fax number identified in the “Contact Us” section of the Website, upon Your receipt of electronic confirmation thereof; (c) if sent by email to [email protected], upon ClickSri’s receipt of the email, or two (2) Business Days after You sent the email (provided that You did not receive a message indicating that the delivery of the email was unsuccessful); or (d) if sent by next day delivery service to the address identified in the “Contact Us” section of the Website, upon such delivery.

14.2 Any notice to You that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that We have in Our records for You, upon the earlier of Your receipt of the email, or two (2) Business Days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that We have in Our records for You, five (5) Business Days after deposit in the mail, postage prepaid; (c) if sent by fax to the fax number We have in Our records for You, upon Our receipt of electronic confirmation thereof; or (d) if sent by next day delivery service to the address We have in Our records for You, upon such delivery.

General

15.1 ClickSri’s failure or delay in the performance of any of its obligations under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labour disputes, pandemic or any other circumstances beyond ClickSri’s reasonable control.

15.2 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect. Your Order and this Agreement set forth the entire understanding between You and ClickSri relating to the subject matter of Your Order and this Agreement, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between the parties related to Your Order and this Agreement. In the event of a conflict among the terms and conditions of this Agreement and the terms and conditions of any Order, the terms and conditions of this Agreement shall prevail

15.3 ClickSri reserves the right to change this Agreement at any time by posting notice of the changes on the Website. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after such notice has been posted. Your continued use of the Products, the Website, or any materials or services accessible through the Website, shall constitute Your acceptance of the changes. If You do not agree to the changes, Your sole remedy shall be to discontinue use of the Products and not place new Orders for Products. No delay or failure by ClickSri in exercising or enforcing any of its rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by ClickSri of any provision of this Agreement.

15.4 ClickSri reserves the right to change this Agreement at any time by posting notice of the changes on the Website, material changes will be notified specifically to you. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after such notice has been posted. Your continued use of the Products, the Website, or any materials or services accessible through the Website, shall constitute Your acceptance of the changes. If You do not agree to the changes, Your sole remedy shall be to discontinue use of the Products and not place new Orders for Products. No delay or failure by ClickSri in exercising or enforcing any of its rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by ClickSri of any provision of this Agreement.

15.4 The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words “shall,” “agree” and “will” are mandatory, the word “may” is permissive, the word “or” is not exclusive, and the singular includes the plural and vice versa. “Business Day” shall mean Monday through Friday, excluding New Year’s Day, Christmas Day, and other ClickSri holidays. All time period references in the Agreement to “days” other than “Business Days” shall be deemed to refer to calendar days. All references to “days” or “Business Days” shall mean consecutive days or Business Days. This Agreement is executed in the English language. In the event this Agreement is translated into another language, and any inconsistency or discrepancy in meaning or interpretation results therefrom, the English language version shall prevail and control.

Price Match Guarantee

  • We’ll match against any other Sri Lanka retailer store or website
  • We’ll match the prices of any products (not delivery, installation charges, product protection plans or other services) offered on identical terms and where we can check the price and stock position
  • Our competitor’s product must be the same model number as ours
  • Unfortunately, we are unable to price match products that are advertised as ‘Online Only’
  • Both us and the competitor must have the product in stock and ready for delivery
  • We do not match competitor’s ink prices, trade, membership & 3rd party marketplace sellers