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Welcome to the John
Keells Holdings 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. |
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| 1. |
Use of Web Site
Information |
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You may download, view, copy and print documents
and graphics incorporated in these documents (the "Documents")
from the Site subject to the following: |
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(a) |
The Documents may be used solely
for personal, informational, non-commercial purposes |
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(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 John Keells Holdings. |
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| 2. |
Use of Software |
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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. |
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| 3. |
Use of Forums
and Public Communication |
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"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: |
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(a) |
is false or misleading; |
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(b) |
is defamatory; |
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(c) |
is harassing or invades another's
privacy, or promotes bigotry, racism, hatred or harm against any
group or individual; |
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(d) |
is obscene; |
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(e) |
infringes another's rights, including but not
limited to intellectual property rights; |
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(f) |
constitutes unsolicited bulk e-mail, "junk
mail," "spam" or chain letters; or |
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(g) |
violates any applicable laws or regulations. |
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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 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. |
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| 4. |
Passwords and
Security |
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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 JKH 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.
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| 5. |
Termination
of Use |
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You agree that John Keells Holdings 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 John Keells
Holdings or any other person assigned thereto. |
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| 6. |
Third Party
Web Sites, Content, Products and Services |
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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 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: |
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(a) |
the quality of third party products
or services; and |
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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. |
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| 7. |
Disclaimer |
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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. John Keells Holdings
makes no warranty that: |
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(a) |
the site will meet your requirements;
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the site will be available on an uninterrupted,
timely, secure, or error-free basis; |
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(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 |
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(d) |
the quality of any products, services, information,
or other material purchased or obtained by you through the site
will meet your expectations. |
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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. |
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| 8. |
Limitation of
Liability |
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In no event shall john keells holdings 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 John Keells Holdings. |
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| 9. |
Indemnity |
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You agree to defend, indemnify and hold harmless
John Keells Holdings, 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. |
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| 10. |
Privacy Policy |
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John Keells Holdings is concerned about your
privacy and has developed a policy to address privacy concerns.
You can find the current privacy
policy here. |
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| 11. |
Note About Children |
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Minors are not eligible to use the Site,
and we ask that they do not submit any personal information
to us. |
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| 12. |
Legal Compliance
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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. |
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| 13. |
Applicable Laws |
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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. |
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| 14. |
Copyright/Trademark
Information |
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"John Keells Holdings" and "Keells"
are trademarks owned by John Keells Holdings Limited. |
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| 15. |
Contact Information |
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If you have any questions regarding these
Terms of Use, please contact the Legal
Department of John Keells Holdings. |
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