(සිංහල හෝ දෙමල මාධ්‍ය වෙත මාරු වීම සඳහා මෙතනින්

තෝරන්න)

Terms and Conditions

-Esana.lk-

This Agreement explains our obligations to you, and explains your obligations to us for various Esana.lk services. By using our service(s) you agree to establish an account with us for such services or post an ad as a non member. You understand that Esana.lk is a operated by Esana Lanka Ltd., and your details posted on Esana.lk (or any other partner sites) and any other information you provide on Esana.lk site may appear on other Esana Lanka Ltd. sites and other sites where we have syndication agreements. This Agreement will become effective after you / we have setup your Esana.lk account.

– DEFINITION –

As used in this terms and conditions, the following terms have the following meanings respectively. Words given in the singular also may be construed in their plural sense or vice versa if the context so requires.
Esana.lk and/or Esana Lanka Ltd. means the site owned by Esana.lk and operated by Esana Lanka Ltd.
“We” or “Us” or “Our” means Esana.lk and/or Esana Lanka Ltd. as described in above line.
“You” and/or “users” means any individual or business entity who is using this site.

– USERS –

Our services are provided to individuals or companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. We are obligated to advise you that any user, during accessing our site(s), must behave under related law. But we are not responsible for the possible consequence caused by your behavior during using process of Esana.lk .  Esana.lk may, in its sole discretion, refuse the service to anyone at any time.

– REGISTRATION OBLIGATIONS –

If you register in Esana.lk, you agree to:
(a) provide true, accurate, current and complete information about yourself and the company you represent
(b) provide your e-mail address, postal address, phone, fax, website address (url) ONLY on site sections and fields where we specifically ask for these details
(c) maintain and promptly update the Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Esana.lk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete and Esana.lk reserves the right to suspend or terminate your member service.

– E-MAIL ADRESS, PASSWORD AND SECURITY –

During the registration process, you will name an E-Mail Address and choose a Password. You are solely responsible for maintaining the confidentiality of your E-Mail Address and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify us of any unauthorized use of your E-Mail Adress or Password or any other breach of security, and (b) ensure that you properly exit the website at the end of each session. We can not and will not be liable for any loss or damage arising from your failure to comply with this Agreement.

– CONTENTS –

Any material, trade offers, companies and so on presented in this site is without warranties. Any information on this site may be inaccurate, incomplete or out of date. We make no commitment to correct or update the materials, and do not check and/or control the content of any information and services or any products or services that may appear on this site. Under no circumstances, we will not be liable for any errors or omissions in any information presented in our site(s) or for any loss or damages of any kind incurred as a result of the use of any information contained on our site(s) also.
Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Esana.lk or authorizes Esana.lk to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the 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 Site, are hereafter referred to as “Third Party Rights.” Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Esana.lk or authorizes Esana.lk 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. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
Each User hereby represents, warrants and agrees that information submitted to Esana.lk for display on the Site shall not:
– violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
– 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;
– 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;
– be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
– be defamatory, libelous, unlawfully threatening or unlawfully harassing;
– 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;
– 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 offence, give rise to civil liability, or otherwise violate any law or regulation;
– 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;

– AD POSTING –

– you can not post the same ad with different description in the same or in another category more than once in a period of 30 days, failure to following this rule, may result in ad deletion and account ban;
– for your own protection, you can not include your E-Mail Address into Ad Description, all online responses will be automatically sent to your E-Mail Address;
– you can not use ALL CAPS in ad description;
– to publish video about your product/service with Ad, you must contact our team help@esana.lk
– you need enter your service place address in English letters (automatically create your place in map according to your address)

–  USER CONDUCT –

Without limitation, you agree to refrain from the following actions while using the Site:
– harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
– posting data that violates any law;
– transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
– posting advertising or solicitation in categories that is not appropriate, or posting the same item or service in more than one category or more than once every 30 days, or posting the same ad in multiple cities on the Site;
– posting adult content or explicit adult material unless: (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and (ii) you are at least 18 years of age or older and not considered to be a minor in your state of residence;
– posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of Esana.lk;
– posting any material on the Site that exploits minors in any way;
– posting any material on the Site that in any way constitutes or assists in human trafficking.
– posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
– sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
– posting data that includes personal or identifying information about another person without that person’s explicit consent;
– interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
– using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
– posting data that violates any federal, state, or local equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
– sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
– gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
– attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
– using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
– posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted;

 – LIABILITY –

In no event shall Esana.lk be liable for any punitive, special, direct, indirect, incidental, or consequential damages, whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Esana.lk’s liability for damages, regardless of the form of the action, shall not exceed the fee paid for the service. We cannot be held responsible for factors beyond our control that may interfere with our ability to provide access to our website. Such factors include, but are not limited to server downtime, password/verification problems, or network outages beyond our servers. Esana.lk does not warrant that the functions contained in the materials, resources or services offered will be uninterrupted or error-free, that defects will be corrected, or that this site are free of viruses or other harmful elements. In no event will Esana.lk be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the products or resources contained within the Esana.lk website. All products and resources are provided “as is” and without warranties.

–  TERMINATION  –

These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use by destroying all copies and installations of products and services obtained from us. The agreement will automatically and immediately terminate without notice should you violate any terms of this agreement. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of membership, and forfeiture of all reseller licenses, without notice or refund.

Users agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the Esana.lk website.

Membership is non-transferable and non refundable. Additionally, users agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within the Esana.lk website. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of membership, and forfeiture of all reseller licenses, without notice or refund. Furthermore, Use of this website constitutes acceptance of the Legal Agreement and Terms Of Use.

– WARRANTIES –

Esana.lk makes NO WARRANTEES express or implied and specifically does not warrant FITNESS FOR SPECIFIC PURPOSE or WARRANTY OF MERCHANTABILITY of any product or service.

– COMMUNICATIONS FROM Esana.lk –
By joining, or utilizing the Esana.lk website, you give us permission to contact you periodically via email with regards to your membership, or any other reason. If you wish to no longer receive communications from us, you will need to cancel your membership, or communication with us. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Esana.lk reserves the right to amend this agreement at any time.

Esana.lk reserves the right to Amend these “Terms and Conditions” at any time.

Copyright  Esana.lk