Terms & Conditions

Welcome to mymarket.lk!!! Please read our terms and conditions carefully. You must agree to these terms and conditions when you’re using www.mymarket.lk (hereinafter called and referred to as “mymarket.lk” or the “Site”). Crystal Market Network (hereinafter called and referred to as “CMN”) operates mymarket.lk and links that are contained within or available through external hyperlinks (referred to as “microsites”) within our site including web sites, web pages, products and services also operated or partnered by CMN. All these microsites are will be collectively referred to as the “Site” in our terms and conditions. If you do not acknowledge and agree to be bound by these terms and conditions, you are not permitted to access or use the Site and services that are provided to you via the Site.

If you use the Site or services in a manner contrary to these Terms and Conditions or inappropriate or unlawful manner, CMN reserves the right to terminate or suspend your access or the services, block your future access or the services and/or seek such additional relief in the event of your misuse. CMN reserves the right to modify these Terms and Conditions at any time, and such modification shall be effective 10 days after being posted of the modified Terms and Conditions. In order to use this website continuously, you will be deemed to have accepted the modified Terms and Conditions by reviewing the Terms and Conditions periodically.

Availability of mymarket.lk

You must acknowledge and agree that there may be interruptions in service or events, unavailability of the Site which are outside of our control. Site availability may be affected from time to time by your devices, other communication networks, network limitations of both CMN network or the internet and required maintenance. Also you understand and acknowledge that due to the conditions both within and outside of our control, Site access may be interrupted, suspended or terminated. However CMN use its reasonable endeavors to ensure availability of the Site and the Services to keep the Site accessible.

Privacy

CMN uses your personal information under the governance of the CMN Privacy Policy Statement. Therefore please review our Privacy Policy Statement to understand the practices of mymarket.lk.

Copyrights and Proprietary rights

All the content and information on the mymarket.lk or microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to software, graphics, texts, photos, videos, music, sounds, logos, designs, page headers, icons, service names and promotion names which are registered or unregistered trademarks or trade names of CMN or one of the CMN’s affiliates or partnered companies in Sri Lanka and/or other countries. You also acknowledge and agree that the Services and the Site or any part thereof, whether presented to you by CMN, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, intellectual property or other proprietary rights and laws. All rights are expressly reserved.

You shall only make fair use of the trademarks and you are only to permitted use the Site and the Services as set out in these Terms and Conditions. You shall agree not to modify, copy, display, reproduce, publish, license these trademarks to use as or as part of your trademarks. Further you shall not use these trademarks in a manner which does or may cause any damage to the reputation of CMN or the trademarks.  Also you must agree not to use these trademarks for sell or re-sell any information, software, products or services obtained from or through mymarket.lk. CMN is exempted from the responsibility for the violation of any third party copyrights, trademarks, service names, patents, or other proprietary rights and laws by the third party web sites which are linked to this Site but may not be affiliated with, connected to, or sponsored by CMN or its vendors or its Partners.

Your obligations on mymarket.lk

You must comply with these Terms and Conditions and you will only use mymarket.lk and its Services in an appropriate and lawful manner in accordance with these Terms of Use. You may not involve in any of the following activities which are strictly prohibited and consider as conclusive evidences of violation of this Agreement:

  • obtain, access or share any Content which is pornographic, obscene, intimidating, racist, menacing, threatening, offensive, defamatory and in breach of any intellectual property right (including copyright) or any other offensive or unlawful act;
  • Attempt to, or actually access to an unauthorized account or any server of CMN;
  • Attempt to, or actually breach the systems or network security. (In case of a breach of security without proper authorization, CMN will at its sole discretion conduct an investigations of suspected or actual violation of systems or network security under the guidance of an enforceable law or relevant authorities;
  • Any kind of attempts or acts which are considered as “cracking” or “hacking” or “denial of service attacks”, “page-jacking” or attempt or actually tampering or interfering with the proper functioning of any part or page of the Site and any and all functions and services provided by mymarket.lk;
  • Intentionally, deliberately or carelessly spread any electronically harmful contents (including viruses, warms, malwares, Trojans, ) through the Sites and/or the Services which is likely to be harmful or damaging to the systems or network systems of CMN or other Internet users;
  • Attempt to, or actually restrict or inhibits any user from using any part of this Site with its service in any manner, including, but not limited to, “flooding”, “Junk mails” “spamming”, “mail bombing” or “crashing” the Site;
  • Using any information related to customer, affiliate partner, or merchant from the site for any commercial purpose, including, but not limited to, marketing;
  • Purchase mymarket.lk vouchers for any commercial purpose including, but not limited to resale or any other purpose contrary to this agreement and the terms of a specific offer on the Site;
  • Establishing a link or “deep link” to the Sites from your site without CMN’s prior written consent (in at CMN’s sole discretion)
  • Any illegal or inappropriate act that can be damage to the reputation of mymarket.lk, our partners or our services.
  • Provide any false, inaccurate, incomplete information to create an account on our site.

Your Account on Our Site

You are only permitted to create one account that you’re solely responsible for managing and maintaining the confidentiality of your account and password. Your account is considered as a non-transferrable, individual account and you must be responsible for all the activities that are done under the name of your account. CMN will be exempted from the liability for any loss that you may incur in the event of unauthorized access to your account either with or without your knowledge. However you will be liable for the losses incurred by CMN or another party as a result of unauthorized access from your account and password. Further CMN and its partners reserve the right to take a legal action through enforceable law or relevant authorities. If you are under the age of 18, you may use mymarket.lk only with the permission of a parent or guardian. You must provide true, accurate and complete information to create an account on our site. If you violate any of these terms and conditions, CMN and its Partners reserve the right to refuse service, terminate your account, remove or edit content, or cancel your orders in their sole discretion.

Your Communication

You can use our site totally free of charge. You will be liable to your network provider for any payment for the local telephone call charges, Internet access charges or any other charges to which you may be subject. Also you must agree that all agreements, disclosures and other communications that are provided through electronic communication including but not limited to email, fulfill any legal requirement that such communications be in writing. Your calls, emails, IMs or other communications will be recorded as per the requirement of quality standards in accordance with the law, and to ensure effective customer service in order to satisfy your need at our best.

CMN use its reasonable endeavors to ensure the security and confidentiality of your communications. But there may be some occasions that are outside our control. Your communications may be illegally interrupted or copied by third party networks which CMN have no control. Also some programs or apps may be downloaded to your devices without your knowledge, which may give unauthorized access to your mobile phone and the information stored on your mobile phone.

Content of the site

You’re solely responsibility for satisfying yourself before you’re going to use the Sites and the Services in accordance with your needs or purposes. Prices shown in our site may be updated periodically by CMN and you should be aware of the updated information by visiting the site regularly. You should also reload the tabs or refresh the browser each time you visit the Sites and the Services to ensure that you’re using the up to date version of the site and updated information. CMN and its Partners always provide you with accurate information as possible. However CMN does not guarantee that the product descriptions or information provided by the merchants or other contents of this Site is true, accurate, complete, reliable, free of errors and up-to-date. In a case where the offered product is the not the one as described on the site, you are solely free to return that product in its conditions exactly similar to unused conditions. In case where the actual color of the product is slightly vary from the displayed picture due to the display settings, you’re not entitled to return the product. Further CMN reserves the right to edit or remove any Services and/or Content, at any time as CMN at its sole discretion considers being necessary in order to prevent or stop any breach of these Terms and Conditions or any breach of applicable laws or regulations.

Termination of Services

CMN reserve the right to terminate Site and / or the Services or your access to part or all of them immediately in the event of breach of any of these Terms and Conditions by you, including, but not limited to, delayed or non-payment, or if CMN stops operation of the Site and its Services to its customers for any reason. Furthermore CMN reserves the right to modify the Site and/or the Services or terminate the Sites and / or the Services or access to part or all of them at any time.

Exclusion of Liability

CMN or its members shall not be liable for any special, unplanned, contingency or consequential injuries, damages or harm or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, CMN exclude all liabilities in respect of any loss arising due to delays, non-deliveries, missed deliveries, or service interruptions while you use the site or the services. Further CMN specifically exclude all liabilities in respect of any loss arising due to defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time. All conditions or warranties may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.

Indemnification

You shall fully indemnify, defend, and hold harmless CMN from and against any and all claims, lawsuits, judgements, losses, civil penalties, liabilities, damages, costs, and expenses, including reasonable attorney fees and court costs, brought by a third party which is arising out of or related to any use of the Site and/or the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions. You shall defend and pay all damages, costs, expenses, awards, fees (including any attorney fees and court costs) and judgments awarded against CMN arising from any claim related to use of the site and/or the services. You agree to provide CMN with prior notice of such claims, full authority to defend, negotiate, compromise or settle such claims and adequate support required to defend such claims, at your sole expense.

Product Information, Prices and Availability of the Products

CMN and its partners publish accurate product information as per their best on the Site and on each product information page, including the availability of Products. However, CMN does not warrant that the product information provided by the merchants or other content of this Site is accurate, complete, reliable, up-to-date, or error-free. Under the following conditions, you have the right to return some product within 14 days back to the CMN in the event (i) the product provided by the Merchant is defective or does not function up to the expected standards that it should function under normal working conditions; (ii) In the event the product does not match the digital image displayed through www.mymarket.lk.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. CMN will normally verify prices as part of our order processing procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount and send you the Product. However, we are under no obligation to sell the Product to you at the incorrect lower price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as being incorrect. If the correct price of the Product is higher than the price stated on the Site we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation. With respect to items sold through the Site, we cannot confirm the price of an item until you have ordered; however, we do not charge your credit card until after your order has entered the delivery process.  Please note that this policy applies only to products sold and delivered through the Site and all prices shall be displayed in Sri Lankan Rupees (LKR). Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you a confirmation of order.

Delivery

Cash On Delivery (COD) means that the product(s) is/are delivered at to you on cash basis. All deliveries related to this shall be confirmed by CMN and total amount of the product(s) being delivered should not exceed LKR 50, 000. Our Customer Service Agent will contact you prior to the delivery and you should confirm the order. You shall agree not to cancel the order or refuse to pay when the product(s) are delivered to you after your confirmation.

If you use the payment gateway for the payments, you shall provide an acknowledgement notice for the usage of credit/debit card and shall provide the credit/debit card that you’ve used for the aforementioned transaction to the delivery agent at the time of delivery of the product(s).

We will require a signature at the time of delivery of the Product(s). If the purchaser is not present, a person over the age of 18 years of age with the authority of the purchaser must be available to accept the delivery. If we are unable to make the delivery of the Product(s) on the agreed date because there is nobody at home then we will leave a card confirming that we have attempted delivery. It will then be your responsibility to contact us to arrange a new delivery date. Where it has not been possible to deliver the product(s) due to no fault on our part, CMN reserves the right to make a charge for any further attempt to deliver the Product(s). CMN will agree the amount of the charge and any payment with you prior to attempting any further delivery of the Product(s).

You must inspect or check your ordered product/s for any physical damages prior to accepting the delivery. Please do not accept delivery if there are any damages. CMN will not be liable for goods which are damaged in transit if the Proof of Delivery (POD) is signed and the goods are accepted.

Choices of Law

The laws of the Democratic Socialist Republic of Sri Lanka govern these Terms and Conditions and any disputes, conflict, claim or controversy arising hereunder. If any clause, provision or section is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provision of these Terms and Conditions. CMN’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CMN in writing.

Force Majeure –  CMN shall not be liable in damages or have the right to terminate these terms and conditions for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God, government restrictions (including the denial or cancellation of any import of other necessary license), wars, natural disasters, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.