1. Use of Web Site Information
John Keells Holdings grants you a limited, non-transferable license to use this site in accordance with these terms and conditions
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 in writing of John Keells Holdings.
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 John Keells Holdings. 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 John Keells Holdings, 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 libelous or defamatory;
(c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual;
(d) is obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability;
(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 John Keells Holdings, 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 John Keells Holdings, you automatically grant (or warrant that the owner of such rights has expressly granted) John Keells Holdings a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and fully sublicenseable 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. John Keells Holdings takes no responsibility and assumes no liability for any content posted, uploaded, published or submitted by you.
John Keells Holdings may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that John Keells Holdings deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review.
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 John Keells Holdings immediately of any unauthorised use of your password(s). However you could be held liable for losses incurred by John Keells Holdings 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.
John Keells Holdings 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 John Keells Holdings may, in its sole and absolute 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 John Keells Holdings or any other person assigned thereto.
Such termination shall not effect any right to relief to which John Keells Holdings may be entitled, at law or in equity. Upon termination of these terms and conditions, all rights granted to you will terminate and revert to John Keells Holdings.
John Keells Holdings shall not be liable for any losses arising in consequence of the termination of your access to the Site.
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 which are provided solely as a convenience to you and not as an endorsement by John Keells Holdings of the contents of such other Web sites. You agree that John Keells Holdings 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 John Keells Holdings 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 John Keells Holdings 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 John Keells Holdings is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
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. John Keells Holdings 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 and those arising by statute or otherwise in law or from a course of dealings or usage of trade. John Keells Holdings 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, complete, current 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.
(e) this site, its servers or any e-mail sent from John Keells Holdings are free of viruses or other harmful components
Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. John Keells Holdings 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.
John Keells Holdings reserves the right to make changes or updates to the site at any time without notice.
8. Limitation of Liability
In no event shall John Keells Holdings its subsidiaries and affiliate 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 John Keells Holdings.
If, notwithstanding the foregoing, John Keells Holdings should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of John Keells Holdings shall in no event exceed Sri Lankan Rupees 10,000.
To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within ……..from the date on which such claim or action arose or accrued.
You agree to defend, indemnify and hold harmless John Keells Holdings PLC, its subsidiaries and affiliated companies, and their respective 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.
11. Note About Minors
Minors (less than 16) are not eligible to use the Site, and we ask that they do not submit any personal information to us.
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.
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. Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of this site, and you agree to abide by such other terms and conditions.
14. 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 John Keells Holdings agree to submit to the exclusive jurisdiction of these courts, and agree that venue is proper in such legal action or proceeding.
15. Injunctive Relief
You acknowledge that a violation or attempted violation of any of these terms and conditions will cause such damage to John Keells Holdings as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that John Keells Holdings shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by John Keells Holdings in obtaining such an injunction, including, without limitation, reasonable attorney's fees.
16. Copyright/Trademark Information
"John Keells Holdings" and "Keells" are trademarks owned by John Keells Holdings PLC.
17. Contact Information