Terms & Conditions
Definitions
In these conditions the following words and expressions shall have the
following meanings:-
Site means the Internet websites within WebMasters Pvt Ltd.
Terms means these terms and conditions of sale or service.
We/Us means WebMasters Pvt Ltd.
You means the company, individual or organisation.
1. Our Obligations and Limitation of Liability
1.1 We will use reasonable skill and care in providing the Services to you.
1.2 We are proud of our Site, its resilience and reliability, but cannot
give any warranty as to its performance or operation, or the accuracy of
any data held on it. The final responsibility of accuracy of
contents and/or data on the site is dependent upon the publisher of
such data and users shouls always refer to the publisher and inform
Web Masters Pvt Ltd of any discrepancies if found.
1.3 We will use all reasonable endeavours to ensure that the Site is in
working order during the term of this Agreement. However we cannot
warrant that the use of the Site will be uninterrupted or error-free.
1.4 We shall have no liability to you for:
(a) any economic loss of any kind whatsoever, including without limit
loss of profit, business contracts, revenues or anticipated
savings, or
(b) for damages to your reputation or goodwill; or
(c) for any loss resulting from any claim made by any third party; or
(d) for any special, indirect or consequential loss or damage of any
nature whatsoever.
1.5 We shall not be deemed to be in breach of this Agreement or otherwise
liable to you for any delay in performance or the non-performance of
any of its obligations in this Agreement to the extent that it is due to
circumstances beyond our control (including without limitation as a
result of server crashes, deletions, corruption, loss or removal of
data).
2. Your Warranties and Obligations
2.1 You warrant and represent to us that
(a) all information provided by you for publication on this site etc:
(i) is complete, accurate and true;
(ii) complies with the requirements of all relevant legislation and
statutorily recognised regulatory authorities for the time being
in force such territories as the Listing service shall be made
available; and
(iii) is not defamatory, threatening, abusive or obscene, does not
infringe any third party intellectual property rights and does not
contain any other unlawful content;
2.2 You shall indemnify and keep us indemnified against all claims, costs,
expenses or liability whatsoever arising as a result of your breach or
non-performance of any of the provisions of these Terms.
2.3 It shall be your responsibility to remove any Listings or services, you
acknowledge that we reserve the right to invoice you a in respect of any
services supplied which are displayed for any amount of time Terms and
Conditions.
3. Intellectual Property Rights
3.1 Any rights (including without limitation, revenue rights and
intellectual property rights of any nature (such as, confidential
information, copyright, database rights, know-how, trade marks and trade
names) created or generated as a result of the operation of the Site
during the course of this Agreement shall belong to us.
3.2 You hereby grant a world-wide, perpetual, non-exclusive right and
licence to us to use the Listings you provide for inclusion in the Site
and in any other manner together with the right to grant sub-licences to
any third party on such terms as we may determine.
3.3 Nothing in this Agreement shall be deemed to be the sale or licence of
any rights by us to you including without limit any intellectual
property rights of any nature.
4. Force Majeure and Frustration of Contract
4.1 We have no liability to you for any loss or damage arising out of
circumstances outside our reasonable control including as examples only
strikes, labour disputes, fires, floods, accidents or breakdowns of
machinery or equipment, or breach of contract by our own or suppliers.
In any such circumstances we shall be entitled at any time without
prejudice to our other rights to cancel the contract or at our option to
effect partial performance.
5. Assignment and Sub-Contracts
5.1 We may assign or transfer to any other person any of our rights, or to
sub-contract all or any part of our obligations .
6. Termination
6.1 Without prejudice to any other claims or rights we may have, we may
immediately terminate this Agreement by notice if you:
(a) misuse the Site or bring it into disrepute; or
(b) enter into any form of insolvency including without limit
liquidation, bankruptcy, receivership, administration.
7. Proper Law
7.1 This Agreement is governed by the Laws of Democratic Socialist Republic
of Sri Lanka and you submit to the exclusive jurisdiction of the
Democratic Socialist Republic of Sri Lanka Courts.
8. General
8.1 Headings in these Terms have been inserted for convenience only and
shall not affect interpretation or construction.
8.2 Any temporary waiver or indulgence by us in exercise of our rights will
not restrict us exercising any of our rights at a subsequent date.
8.3 This Agreement contains the whole agreement between us with respect to
the subject matter hereof and all other understandings, agreements,
warranties, conditions or representations, whether express or implied,
statutory or otherwise, are excluded to the fullest extent permitted by
law.
9. Interruptions and Omissions in Service
Whilst we try to ensure that the standard of this website remains high and
to maintain the continuity of it, the internet is not an inherently stable
medium, and errors, omissions, interruptions of service and delays may occur
at any time. We do not accept any liability arising from any such errors,
omissions, interruptions or delays or any ongoing obligation or
responsibility to operate this website (or any particular part of it) or to
provide the service offered on this website. We may vary the specification
of this site from time to time without notice.
10. Links to other Sites
On this site you will be offered automatic links to other sites which we
hope will be of interest to you. We do not accept any responsibility for or
liability in respect of the content of those sites, the owners of which do
not necessarily have any connection, commercial or otherwise, with us. Using
automatic links to gain access to such sites is entirely at your own risk.
11. Information on This Site
Whilst we make every effort to ensure that the information on this site is
accurate and complete, some of the information is supplied to us by third
parties and we are not able to check the accuracy or completeness of that
information. We do not accept any liability arising from any inaccuracy or
omission in any of the information on this site or any liability in respect
of information on this site supplied by you, any other site user or any
other person.
12. Your Use of This Site
You may only use this Site for lawful purposes when seeking information or
help with recruiting staff. You must not under any circumstances seek to
undermine the security of the Site or any information submitted to or
available through it. In particular, but without limitation, you must not
seek to access, alter or delete any information to which you do not have
authorised access, seek to overload the system via spamming or flooding,
take any action or use any device, routine or software to crash, delay,
damage or otherwise interfere with the operation of this Site or attempt to
decipher, disassemble or modify any of the software, coding or information
comprised in the Site.
You are solely responsible for any information submitted by you to this
site. You are responsible for ensuring that all information supplied by you
is true, accurate, up-to-date and not misleading or likely to mislead or
deceive and that it is not discriminatory, obscene, offensive, defamatory
or otherwise illegal, unlawful or in breach of any applicable legislation,
regulations, guidelines or codes of practice or the copyright, trade mark or
other intellectual property rights of any person in any jurisdiction. You
are also responsible for ensuring that all information, data and files are
free of viruses or other routines or engines that may damage or interfere
with any system or data prior to being submitted to this site. We reserve
the right to remove any information supplied by you from the website at our
sole discretion, at any time and for any reason without being required to
give any explanation.
13. Information Submitted by You
We will use information supplied by you (including, without limitation,
sensitive personal data) to aid the recruitment process and associated
administrative functions. This involves us, amongst other things, processing
and storing information (including, without limitation, sensitive personal
data) and passing or making available online such information to prospective
employers and clients. We may collect and aggregate data from the
information supplied by you to help us to understand our users as a group so
that we can provide you with a better service. We may also share aggregate
information with selected third parties, without disclosing individual names
or identifying information. You consent to us using information provided by
you (including, without limitation, sensitive personal data) in each of
these ways.
14. Content Rights
The rights in material on this site are protected by international
copyright, software and trademark laws and you agree to use this site in a
way which does not infringe these rights. You may copy material on this site
for your own private or domestic purposes, but no copying for any commercial
or business use is permitted.
15. Security and Passwords
In order to register with this site and to sign in when you visit the site,
you will need to use a user name and password. You are solely responsible
for the security and proper use of your password, which should be kept
confidential at all times and not disclosed to any other person. You must
notify us immediately if you believe that your password is known to someone
else or if it may be used in an unauthorised way. We accept no liability for
any unauthorised or improper use or disclosure of any password.
16. Termination
We may terminate your registration and/or deny you access to the site or any
part of it (including any services, goods or information available on or
through the site) at any time in our absolute discretion and without any
explanation or notification.
17. Liability
We accept no liability for any loss (whether direct or indirect, for loss of
business, revenue or profits, wasted expenditure, corruption or destruction
of data or for any other indirect or consequential loss whatsoever) arising
from your use of the site and we hereby exclude any such liability, whether
in contract, tort (including for negligence) or otherwise. We hereby exclude
all representations, warranties and conditions relating to this website and
your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs,
expenses, claims, losses, liabilities or proceedings arising from use or
misuse by you of this site.
You must notify us immediately if anyone makes or threatens to make any
claim against you relating to your use of this site.
18. Changes to Terms and Conditions and Invalidity
These website terms and conditions may be changed by us at any time. You
will be deemed to accept the terms and conditions (as amended) when you next
use this site following any amendment.
If any provision of these terms and conditions is held to be invalid by a
court of competent jurisdiction, such invalidity shall not affect the
validity of the remaining provisions, which shall remain in full force and
effect.
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