Terms of Use
Welcome to the Athwela (Private) Limited Web site (the "Site"). By
using the Site, you agree to follow and be bound by the following terms
and conditions concerning your use of the Site ("Terms of Use") and our
Privacy Policy. We may revise the Terms of Use and Privacy Policy at any
time without notice to you.
Areas of the Site may have different terms of use posted. If there is a
conflict between the Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect to your
use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated
in these documents (the "Documents") from the Site subject to the
following:
(a) The Documents may be used solely for
personal, informational, non-commercial purposes
(b) The Documents may not be modified or altered in any way.
Except where your use constitutes "fair use" under copyright law, you
may not otherwise use, download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit or distribute any
information from this Web site in whole or in part without the express
authorization of Athwela (Private) Limited.
2. Use of Software
Any use of software and accompanying documentation you download from the
Site is subject to the terms of a software license agreement between you
and Athwela (Private) Limited.
You must read the license agreement and indicate your agreement to its
terms prior to installing or using the software. All rights, title and
interest not explicitly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group,
letter to Athwela (Private) Limited, its webmaster or employees, or
e-mail function offered as part of the Site. You agree not to upload,
email, post, publish or otherwise transmit through a Forum any content
that: (a) is false or misleading; (b) is defamatory; (c) is harassing or
invades another's privacy, or promotes bigotry, racism, hatred or harm
against any group or individual; (d) is obscene; (e) infringes another's
rights, including but not limited to intellectual property rights; (f)
constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters;
or (g) violates any applicable laws or regulations.
Forums shall be used in a non-commercial manner only. You shall not
distribute or otherwise publish any content containing a solicitation of
funds, promotion, advertising, solicitation for goods or services, or
other commercial matter. You agree not to solicit other users of the Site
to use or join or become members of any commercial online or offline
service or other organization. Except where expressly authorized by
Athwela (Private) Limited, you agree not to collect or store personal data
about other users.
By uploading, emailing, posting, publishing or otherwise transmitting
content to any Forum or submitting any content to Athwela (Private)
Limited, you automatically grant (or warrant that the owner of such rights
has expressly granted) Athwela (Private) Limited a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, transmit and distribute such content in
any form, medium, or technology now known or later developed. In addition,
you warrant that all “moral rights” in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully responsible for all
activities that occur under your password(s). You agree to notify Athwela
(Private) Limited immediately of any unauthorised use of your
password(s). However you could be held liable for losses incurred by LMS
or any other party due to someone else using your account or password. You
may not use anyone else’s account at any time without the permission of
the account holder.
Athwela (Private) Limited is concerned about the security of
personal information we have collected from you and have taken reasonable
steps to prevent unauthorized access to that information.
5. Termination of Use
You agree that Athwela (Private)
Limited may, in its sole
discretion, at any time terminate your access to the Site and any
account(s) you may have in connection with the Site. Access to the Site
may be monitored by Athwela (Private) Limited or any other person
assigned thereto.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products
and services from third parties, including users, advertisers, affiliates
and sponsors of the Site. You agree that Athwela (Private) Limited is not
responsible for the availability of, and content provided on, third party
Web sites. You should refer to the policies posted by other Web sites
regarding privacy and other topics before you use them. You agree that
Athwela (Private) Limited is not responsible for third party content
accessible through the Site, including opinions, advice, statements and
advertisements, and understand that you bear all risks associated with the
use of such content. If you choose to purchase any products or services
from a third party, your relationship is directly with the third party.
You agree that Athwela (Private) Limited is not responsible for: (a) the
quality of third party products or services; and (b) fulfilling any of the
terms of your agreement with the seller, including delivery of products or
services and warranty obligations related to purchased products or
services. You agree that Athwela (Private) Limited is not responsible for any loss or damage of any sort
you may incur from dealing with any third party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE
SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE
INACCURACIES, OMISSIONS AND TYPOGRAPHICAL ERRORS. Athwela (Private)
Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Athwela (Private) Limited MAKES NO WARRANTY THAT: (A) THE SITE WILL
MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH
THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK. Athwela (Private) Limited SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Athwela (Private) Limited RESERVES THE RIGHT TO MAKE CHANGES OR
UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL Athwela (Private) Limited ITS AFFILIATED
COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR
USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OTHER THAN ON
ACCOUNT OF GROSS NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF
Athwela (Private) Limited.
9. Indemnity
You agree to defend, indemnify and hold harmless Athwela (Private)
Limited, its officers, directors, employees, and agents from and against
any and all claims, liabilities, damages, losses or expenses, including
reasonable attorneys' fees and costs, arising out of or in any way
connected with your access to or use of the Site.
10. Privacy Policy
Athwela (Private) Limited is concerned about your privacy and
has developed a policy to address privacy concerns. You can find the
current privacy policy
here.
11. Note About Children
Minors are not eligible to use the Site, and we ask that they do not
submit any personal information to us.
12. Legal Compliance
You may not access, download, use or export the Site, or the content,
software, products or services provided on the Site in violation of any
applicable laws or regulations. .
13. Applicable Laws
All matters relating to your access to, and use of, the Site shall be
governed by laws of the Democratic Socialist Republic of Sri Lanka. Any
legal action or proceeding relating to your access to, or use of, the Site
shall be instituted in a competent court in the said Republic of Sri
Lanka. You and Athwela (Private) Limited agree to submit to the
exclusive jurisdiction of these courts, and agree that venue is proper in
such legal action or proceeding.
14. Copyright/Trademark Information
"Athwela (Private) Limited" is a trademarks owned by Athwela
(Private) Limited Limited.
15. Contact Information
If you have any questions regarding these Terms of Use, please contact the
Legal Department of Athwela (Private)
Limited.
Athwela (Private) Limited
P O Box 8
Athwela Mawatha
Borelasgamuwa 10290
Sri Lanka
26 November 2002
