Please read the terms and conditions carefully before using pics.lk.
This document is an electronic record in terms of Electronic Transactions Act. No 19 of 2006 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Electronics Transactions Act No. 19 of 2006.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to pics.lk also hereby referred as “we”, “us” or “PiCS“. We are an online retail platform and these are the terms and conditions governing your access and use of PiCS along with its related sub-domains, sites, mobile app, services and tools (the “Site”). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by Vertical Tech Solutions (Private) Limited (PV: 00209209) (“VTS”).
VTS reserves the right to change, modify, add, or remove portions of these terms and conditions at any given time without prior notification. Changes will be effective when posted online to the main website and portal with no other notice provided. Please check these terms and conditions regularly for updates. Your continued use of the platform following the posting of changes to terms and conditions of use constitutes your acceptance of those changes.
CONTINUED AVAILABILITY OF THE MAIN WEBSITE AND PORTAL
We will do our utmost to ensure that access to our website and portal is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of underline service integrations, this cannot be guaranteed. Additionally, your access to the website and portal may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
LICENSE TO ACCESS THE WEBSITE AND PORTAL
We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the website or portal under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use our platforms, in accordance with the terms and conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this user agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the website or portal more than once. Any breach of these terms and conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
We grant you a limited license to access and make personal use of this website, but not to download (excluding page caches) or modify the website or portal or any portion of it in any manner. This license does not include any resale or commercial use of the website and portal or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website and portal or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
The website and portal or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action.
- Refusal to comply with the terms and conditions described herein or any other guidelines and policies related to the use of the main website and portal as available on the Site at all times.
- Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
- Use the website portal for illegal purposes.
- Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or services offered.
- Interfere with another’s utilization and enjoyment of the website or portal;
- Post, promote or transmit through the website or portal any prohibited materials as deemed illegal by the laws of Sri Lanka.
You must not use the website or portal in any way that causes, or is likely to cause, any of the related infrastructure or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the website or portal, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the website and portal or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the website and portal for lawful purposes only. You are strictly prohibited from using the website of the portal for;
- Fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Sri Lanka or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” use the website or portal for illegal purposes.
- To cause annoyance, inconvenience or needless anxiety.
- For any other purposes that is other than what is intended by us.
Anything that you submit to the website or portal and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any submission, when you post comments or reviews to the website, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions without any notice or legal course applicable to us in this regard.
TRADEMARKS AND COPYRIGHTS
pics.lk, PiCS logo and PiCS and any other marks indicated on our website and portal are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the website, information content on the website and all the website designs, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the website also are protected by copyright, trade mark, service mark, patent or other proprietary rights and laws as under applicable laws and international conventions. All rights are reserved.
You shall indemnify and hold harmless PiCS as owned by Vertical Tech Solutions (Private) Limited., its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release PiCS as owned by Vertical Tech Solutions (Private) Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of third party service providers affiliated with PiCS and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. Your only remedy is to discontinue using any of PiCS offerings and its services.
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or the portal or any of PiCS Services.
EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our website and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the terms and conditions or revoke any or all of your rights granted under the terms and conditions. Upon any termination of this agreement, you shall immediately cease all access to and use of the website and portal and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the website and any of PiCS services shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with any of PiCS services or with any terms, conditions, rules, policies, guidelines, or practices in operating the website, your sole and exclusive remedy is to discontinue using any of the PiCS services.
GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of The Democratic Socialist Republic of Sri Lanka. You agree, as we do, to submit to the exclusive jurisdiction of the courts, of Sri Lanka having jurisdiction over the place on which our Registered Office is situated at the time of institution of legal proceedings.
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with PiCS services (the “Software”).
You may use the software solely for purposes of enabling you to use and enjoy our services as permitted by the terms and conditions and any related applicable terms as available on the website. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the terms and conditions listed here or across the website. Additional third-party terms contained within the website or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these terms and conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Sri Lanka including but not limited to any other applicable copyright laws.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any and all applicable taxes as per prevailing law.