Terms of Use

This website is owned and operated by Emars Holdings (Private) Limited. Throughout our website and on our communications references to “Emars”, “Emars®”,  “Emars.LK”, “Emars.lk”, “Emars Holdings”,  “Emars Holdings (Pvt) Ltd”, “EHPL”, “www.emars.lk”,  “emars.lk”, we”, “us” and “our” shall mean Emars Holdings (Private) Limited. Reference to “you”, “user”, “customer” and “account holder” shall mean the end user who is access and browse our website and its contents and also who order, pay and use products and services offered by us. On our website, “legal notices” and communications, words imparting the singular shall include the plural and vice versa and, word ‘order’ shall include every type of order you make to us via our website, email, sms, telephone, mobile device, in person etc including pre-order, cash on delivery order etc. Our Website, Contents, Products and Services are offered subject to following Terms of Use.

These Terms of Use and Terms and Conditions of Sale, Terms of Rewards Program, Terms of Gift Cards, Terms of Discount Codes, Privacy and Cookie Policy and other Advices, Guidelines, Statements are collectivity referred as “legal notices” hereafter and are applied regardless of how you access our website, including any technologies or devices by which we make our website available to you. When you access, browse, create account (whether or not activated), sign in, order (whether or not completed or paid), pay, transact which are collectively referred as use of website, you confirm that you have read, understood and agree with all “legal notices” and creates a binding contract with us. These “legal notices” shall govern your use of our website, its contents, processes, checkout, payment and your use of Products and Services we offer.

Your access to our website, its contents, processes, checkout and your use of Products and Services we offer shall be on personal, non-exclusive and non-transferable basis. If these Terms of Use are inconsistent with any other “legal notice”, that “legal notice” or applicable provisions of that “legal notice” shall preside.

You shall only use our website for lawful purposes. Any conduct which is deemed to restrict or inhibit any other user from using our website or Products and Services we offer shall not be permitted. You should not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or content on our website or the computer codes or elements on our website. You shall not use our website, its contents, processes, checkout, Products or Services we offer in any manner that is misleading, deceptive, unfair, or otherwise harmful to us, our affiliates, or customers. You shall not use our website, its contents, processes, checkout, Products or Services we offer for any commercial purpose whatsoever without our prior written agreement.

Availability of our website
You recognize that there may be interruptions of our website that are beyond our control. While we use reasonable efforts to keep our website accessible, it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control the website access may be interrupted, suspended or terminated. We retain the right at our sole discretion to deny service, or access to the Site to or an account, at any time and for any reason. 

Damage to your computer and/or other devices
We strive to ensure that our website is free from bugs and viruses and other malicious or harmful components. However it is your responsibility to ensure that your computer and other devices are adequately safeguarded from any harmful component when using our website.

Disclaimer of Warranties and Exclusion of Liability
ALL INFORMATION, DESCRIPTIONS, DRAWINGS, SPECIFICATIONS, COLORS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND ALL SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH US ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, DESCRIPTIONS, DRAWINGS, SPECIFICATIONS, COLORS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR THE OPERATION OF OUR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH US ARE ACCURATE OR UP-TO-DATE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK.

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT INFORMATION, DESCRIPTIONS, DRAWINGS, SPECIFICATIONS, COLORS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR ALL SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH US, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM ANY INFORMATION, DESCRIPTIONS, DRAWINGS, SPECIFICATIONS, COLORS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FROM THE USE OF ANY OF OUR  SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH US.

Indemnity
You hereby agree to indemnify and hold us harmless against any claim brought by a third party where such claim has resulted out of your use of our website and/or use of any links on our website  or submission of any contents to our website.

Copyright and Trademarks
All content included in or made available by us, such as names, logos, service marks, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are our property or owned by our affiliates and are protected by copyright laws. These should not be used, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other property not owned by us that appear in our website and/or on our Products and Services are properties of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on this website should be construed as granting any license or right to use without the prior written permission from us.

Advertisements and links to other websites
Our website may contain advertisements or links of websites of businesses or individuals other than ours. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their advertisements or websites. We do not take responsibility for any actions, loss, damage or other liability incurred as a result of your use of these advertisements or websites. 

Communications
When you use our website from your computer, mobile device or other technologies or you have contacted us via mobile device or telephone or you visit one of our premises you consent to receive communications from us via post, email, sms messages, social media platforms or any other such devices. We may forward information you have requested or newsletters or our promotional information by post, email, sms messages, social media platforms or any other such devices at our sole discretion.

Pricing
Prices offered on our website cannot be confirmed until your order is fully paid, although every effort is taken to prevent mispricing. If the correct price is higher than the stated price on our website, we shall, at our sole discretion, either contact you for instructions before delivering, or cancel your order and notify you of such cancellation and refund the money paid.

Placing an Order (including; Pre-Order, Cash on Delivery)
We sell only to persons who are competent to contract, thus subject to your eligibility you can order from us. We reserve the right to decline full or part of your order (or any part thereof) at our sole discretion, without giving any reasons. You accept and agree that we shall not incur any liability to you in any such circumstances. Prior to placing an order you shall provide your true, accurate and complete details. If you select cash on delivery payment method when placing an order; you shall pay for your order with cash immediately on delivery of your order and before opening the parcel. All Products and Services are offered subject to availability.

Age restricted products 
Purchase of certain Products and Services made available on our website may be subject to age requirements specified by law. If you are underage, you shall not attempt to order these Products and Services through our website. By placing an order for any of the Products and Services through our website you confirm that you (and, if different, the recipient of the Products and Services) satisfy the age requirements necessary to order such Product or Service.

Creating an Account and Security
You are solely responsible for managing your account. You must keep your account details up to date and correct at all times. You are responsible for the confidentiality of your password and account and any activities that occur under your account. We shall not be liable for any loss or damage which may arise as a result of your failure to protect your password and account. You must inform us immediately in the event of any unauthorized use of your password and/or account, breach of security and/or should you suspect any unauthorized use of your password and/or account.  We reserve the right to audit your account with us at any time, at our sole discretion with or without notice to you. Your failure to follow our legal notices or your conduct is detrimental to our interests or any misrepresentation of any information furnished to us by you or anyone else acting on you, will result in the cancellation and termination of your account. In addition to termination of account, we shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in our sole discretion.

Reviews and Submissions
You may post reviews, comments, submissions and other communications so long as you shall not post submissions:
• that are grossly harmful threatening, blasphemous, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically objectionable or otherwise illegal
• that impersonates others or reveals personal information about anyone, including you
• that contain software viruses or involves the transmission of “junk mail” and/or “chain letters” and/or “unsolicited mass mailing” and/or “spamming”
• that infringe or violate third party brand names, trademarks, patents, copyrights or other proprietary rights
• that infringe HTML codes, computer scripts or website URLs
• that interferes with information about us and our Affiliates
We reserve the right to edit or remove submissions and take any appropriate action if deemed necessary.  Please let us know if you see any submissions which do not comply with “legal notices”.

Ownership of Submissions
Other than personal data which is subject to our Privacy and Cookie Policy all submissions and materials posted on our website shall become and remain our property once submitted or posted. You grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right at our sole discretion to use, copy, reproduce, modify, adapt, publish, translate, create, derivative works from, distribute and or display submissions and material with or without accreditation. You represent and warrant that you own, have the right to use or otherwise control the rights to the submission and material you post, and that the submission is accurate and does not violate “legal notices” and shall not cause injury to any person or entity and that you shall indemnify us for all claims resulting from submissions and materials you post. By making a submission you confirm that the content does not infringe the material, copyrights, trademarks, intellectual property or proprietary rights of others.

Confidentiality
The “legal Notices” govern any submissions you post on our website or any submissions you post on any related third party websites, pages or other social networking sites. We reserve the right to disclose your identity to any third party who claims that any submission posted on our website or any of our related third party website or other social networking sites by you constitutes a violation of their intellectual property rights, or of their right to privacy. We shall not be responsible, or liable to any third party, for the content or accuracy of any material posted or for any liabilities arising out of such act by you or any other user on our website.

Third party rights
Only you and us shall be entitled to enforce “legal notices”.  No third party shall be entitled to enf3
orce any of “legal notices”.

Severability
The Section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of “legal notices” is determined to be invalid, void or unenforceable, the remaining provisions and all other provisions of “legal notices” shall continue to be in full force and effect.

Compliance with Law and Jurisdiction
The “legal notices” and any dispute that arises out of your use of our website or any contract entered into between you and us shall be governed by the laws of Democratic Socialist Republic of Sri Lanka and subject to the exclusive jurisdiction of the courts of Democratic Socialist Republic of Sri Lanka without reference to conflict of laws. If any provision of “legal notices” is found to be illegal, invalid or unenforceable by any court of law in accordance with the laws of Democratic Socialist Republic of Sri Lanka, all other provisions of “legal notices” shall remain in full force and effect.

Your attempt to undermine the legitimate operation of our business may be a violation of criminal and civil law, and, should such an attempt be made, we reserves the right to seek damages to the fullest extent permitted by law. Our failure to enforce any provision of “legal notices” shall not constitute a waiver of that, or any other, provision. We shall have the sole right to interpret and apply “legal notices” at our sole discretion.

Any failure to follow “legal notices”, any abuse of privileges we offer, any conduct detrimental to our interests, or any misrepresentation of any information furnished to us by you, or anyone else acting on you, shall result in the cancellation of all privileges and benefits awarded to you or to be awarded to you and termination of your account and termination of any contracts we have between you and us.

In addition, to cancellation of all privileges and benefits and termination of your account and contracts we have between us, we shall have the right to take appropriate administrative and/or legal action against you, including criminal prosecution, as it deems necessary upon our own sole discretion.

The “legal notices” shall be construed in accordance with the Laws of Sri Lanka irrespective of where you reside or from where you access our website or business. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any in connection with your use of our website, its contents, processes, checkout and Products and Services we offer.

Updates, Changes and Modifications
We reserve the right at any time to Update, Change, Modify or Revise any Product, Service, Aspect, Feature, Discount, Offer or any other activity we introduce without any prior notice to you. Also we reserve the right to Update, Change, Modify or Revise any of the “legal notices” at any time without any prior notice to you. By continuing to access, browse and use of our website, it is deemed that you have agreed to all such updates, changes, modifications or revisions to “legal notices”.

Further please peruse following;

About us

Contact us

Terms and Conditions of Sale

Privacy and Cookie Policy

Terms of Discount Codes

Terms of Gift Cards

Terms of Rewards Program

Disclaimer and Confidentiality

Copyright © 2018 Emars Holdings (Pvt) Ltd, All rights reserved.