Last Updated: August 10, 2020

Welcome to adhere.lk! Please read these Terms of Service (the “Agreement”) carefully. Your use of the adhere.lk website constitutes your consent to this Agreement.

This Agreement is between you and adhere.lk. concerning your use of or access this website. adhere.lk is referred to in this Agreement as “Company” or “we” or “us”. adhere.lk, together with any successor will be referred to as the “Website located at adhere.lk, together with any successor website, will be referred to as the “Site.” Finally, this Agreement refers to the Site, together with any materials and services available therein, as the “Service.” Please note that this Agreement hereby incorporates by reference any additional terms and conditions we post through the Service or otherwise make available to you.

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE EITHER (1) OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (WHICH IS 18 IN SRI LANKA), OR, (2) AT LEAST 14 YEARS OLD AND THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT, AND THAT YOUR PARENT OR GUARDIAN HAS AGREED TO BE LIABLE FOR YOUR ACTS AND OMISSIONS.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 19 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND

1. Information Submitted Through the Service

Your submission of information through the Service is governed by Company’s Privacy Policy https://adhere.lk/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service, including Listings and other Submissions (each, as defined below), is and will remain accurate and complete, and that you will maintain and update such information as needed.

2. Community Guidelines.

You agree that you will comply with all of our Community Guidelines, as updated by us from time to time, located a https://adhere.lk/communityguidelines. The Community Guidelines contain, among other things, our list of prohibited products, prohibited services and our rules of conduct.

3. Registration; Usernames and Passwords.

You may need to register to use all or part of the Service. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are your account credentials and must be kept confidential. You are responsible for any and all activity on any account you register using your account credentials. You must immediately notify us if you believe that your account credentials have been compromised. If you register using a social media network, you authorize us to access, use, disclose and retain, in accordance with our Privacy Policy, the information that we receive from the social media network in connection with your registration.

4. Listings.

The Service includes a forum where users may post and browse listings for goods or sell, (each a “Listing”). Such Listings are provided by users, and not by us. WE DO NOT RENT OR OTHERWISE MAKE AVAILABLE ANY GOODS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS, FOR ANY TRANSACTIONS LISTINGS (EXCEPT AS SET FORTH IN THIS AGREEMENT) AND SUCH LISTINGS DO NOT CONSTITUTE AN OFFER FROM THE COMPANY. PLEASE USE CAUTION AND COMMON SENSE WHEN BARTERING/BUYING OR OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A LISTING, OR MAKING OR RECEIVING BARTER OR PAYMENT FOR ANY LISTING.

The availability or promotion of a Listing through the Service does not imply our endorsement of the Listing or the provider. We make no representations whatsoever about any Listings, or any users. Information about and the availability of any Listing are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, barter, sale, purchase, delivery, receipt, possession and use of the subject of any Listing. We reserve the right to remove any Listing for any reason.

You represent and warrant that you have the necessary authority and permissions to post any Listing,to enter into any transaction or to make any transfer relating to a Listing, including, if you are not of legal age to do so, by obtaining proper parental or guardian consent. The legal age is 18 in Sri Lanka.

5. Submissions.

You may submit information that could be used to personally identify you through Listings, the creation of profile pages, submissions in forums, connection via a social network, message boards, chat, comments, or various other interactive channels of the Service(each, a “Submission”). You are responsible for any Submission you make. We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of your Submissions.

6. License.

You retain ownership of your Submissions but for each Submission you make you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit each Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and made without restriction, and does not create any obligation whatsoever by us.

You represent and warrant that you have all rights and title necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

7. Monitoring.

We may (but have no obligation to) monitor (either directly or using software), evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. Subject to our Privacy Policy, you agree that we may disclose any and all information regarding your access to and use of the Service to anyone for any reason or purpose.

8. Featured Listings and Subscriptions.

We may provide certain enhanced features (such as the pump you’re Listing in the feed) for a fee (“Fees”) in connection with the Service (“Paid Services”). All Fees are set out and described in the website and are denominated in U.S. dollars and are exclusive of any applicable taxes. Payments are processed through our website. All billing and refund inquiries must be directed to http://wordpress-488571-1543598.cloudwaysapps.com/customerservice. Delivery of the Paid Services is provided immediately upon purchase.

Certain of the Paid Services may be offered on a subscription basis with auto-renewing payments (“Subscription Services”). The billing period for each type of subscription service will be as specified in the Site at the time of purchase. You can manage your subscriptions from your account when you login to the website. To cancel any Subscription Service, you must submit your cancellation through the website. You must cancel a Subscription Service before the start of the next billing period in order to avoid charges for the next billing period’s fees. Following any cancellation, you will continue to have access to the Subscription Services through the end of your current billing period and then the Subscription Service will terminate automatically.

We reserve the right to modify the Fees from time to time at our sole discretion. Any changes in the Fees will apply to the next billing period. Except as provided above, or as otherwise expressly agreed upon by us, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. There are no refunds or credits for partially used Subscription Services periods.

All transactions are made directly between the parties when they complete their barter, pursuant to the terms they determine. We are not involved in any purchases or sales. http://wordpress-488571-1543598.cloudwaysapps.com is strictly a Barter website.

9. Your Limited Rights.

The website is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the website, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the website on a mobile/desktop device that you own or control, solely for your use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the website. Please note that if you do not accept the system permissions that the website requires from time to time, you may not be able to use the website or certain of its functionalities. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.

In addition, subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.

10. Company’s Proprietary Rights.

We own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include adhere.lk and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

11. Third Party Materials.

Through your use of the Service, you may have access to certain information, products, services and other materials made available by third parties, including Listings and other Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials.

We do not control or endorse, and are not responsible for, any Third Party Materials and make no representations or warranties about them. We may not monitor Third Party Materials, and we may block or disable access to any Third Party Materials through the Service at any time. The availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of Third Party Materials.

YOU USE THIRD PARTY MATERIALS AT YOUR OWN RISK AND ARE SUBJECT TO ANY ADDITIONAL TERMS OR POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

12. Promotions.

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

13. Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU BY US ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES BY COMPANY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY LISTINGS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

We do not guarantee that the Service is or will remain available updated, complete, correct, secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Service.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY LISTINGS OR TRANSACTIONS OR TRANSFERS RELATING TO LISTINGS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SERVICE, AND (II) TWENTY-FIVE U.S. DOLLARS ($25.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

15. Indemnity.

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Listings, transactions or transfers relating to Listings, or disputes with other users of the Service; and (c) any violation or alleged violation of this Agreement by you.

16. Termination.

This Agreement is effective until terminated. The Company may terminate or suspend your use of the website at any time and without prior notice, for any or no reason. Upon any such termination or suspension, your right to use the website will immediately cease, and the Company may take technical and/or other measures to block your access to the website. Sections [2–3, 12–13 and 15–23] shall survive any expiration or termination of this Agreement.

17. Governing Law; Arbitration.

adhere.lk is operated under the laws and regulations of Sri Lanka.

18. Information or Complaints.

If you have a question or complaint regarding the Service, please send an e-mail to [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

19. Copyright Infringement Claims.

Advertisers grant adhere.lk a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed.

The material (including the Content, and any other content, software or services) contained on adhere.lk are the property of adhere.lk, its subsidiaries, affiliates and/or third party licensors. Any intellectual property rights, such as copyright, trademarks, service marks, trade names and other distinguishing brands on the Web Site are the property of adhere.lk. To be clear: No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored or distributed without written permission from adhere.lk.

20. Changes.

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.

21. Miscellaneous.

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.