The following terms and conditions comprise the legal Agreement (the “Agreement”), between you (either an entity or individual) and Sanmarga Trust (“hereinafter referred to as “Sanmarga Trust”) in relation to the use of this website.
By clicking the “I Accept” button at the bottom of this Agreement, you confirm that you have read and understood the terms and conditions set out herein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement and by all laws and regulations applicable to use of this website.
You should be at least 18 years of age to donate to any project or support us.
Definitions
- “Personal Data” has the same meaning as set out in the Personal Data Protection Act, No. 9 of 2022 (Sri Lanka)
- “User Content” means any and all information and/or content that you as a user of the website submits to Sanmarga Trust on the site including but not limited to Personal Data.
USER CONTENT
- Any User Content provided to Sanmarga Trust on the website will be used exclusively for the purposes and in the manner as mentioned in our Privacy Policy.
- Sanmarga Trust is not obliged to backup any User Content that you submit, and your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
INTELLECTUAL PROPERTY
- All intellectual property relating to the content and materials displayed or otherwise accessible through this website is owned by Sanmarga Trust and are protected under the applicable Intellectual property laws.
- Subject to clause 3 below, you shall not print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal use. Nothing in this Agreement shall be construed as granting you a right over the contents of this website.
- Unless with the prior permission of Sanmarga Trust no part of this website may be reproduced, republished, downloaded, displayed, posted or transmitted to or stored in any other form nor shall any of the pages of the website or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
- Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
- Excluding any User Content that you provide, please be aware that all the intellectual property rights, including copyrights, patents, trademarks in the Site and its content are owned by Sanmarga Trust. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights.
- Any comments or materials sent to Sanmarga Trust through the website including feedback data, questions, comments and suggestions (collectively “Feedback”), shall be deemed to be non-confidential. Sanmarga Trust has no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Sanmarga Trust shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including for implementing its Projects.
- This clause shall survive the termination of this Agreement.
DISCLAIMERS
- Accuracy and Completeness of Info: The information on this website is updated from time to time. However, Sanmarga Trust hereby excludes any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance of this website or any of its contents.
- Limitation of Liability: Sanmarga Trust shall not be liable for any damages (including, without limitation, damages for any consequential loss or loss of opportunities or projects) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the website, or any of its contents and materials, or from any action or omission taken as a result of using the website or any such contents.
- Bugs and Viruses: This website is provided “as is”, and may contain errors, inaccuracies, viruses or bugs. As such, Sanmarga Trust makes no warranty that the contents of the website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof. Should you choose to download any content from this webpage in terms of Paragraph 2 of the Intellectual Property Terms and Conditions, you do so at your own risk
- Change of Content: Sanmarga Trust will not be held liable to you or any third-party for any change, suspension, interruption, or termination of the Site or any part (including the change all the contents of the website at any time) with or without notice to you.
- Links: This website may contain links to other webpages or websites that are operated by third parties. Such third-party Links are not under the control of Sanmarga Trust. Sanmarga Trust provides access to these Third-Party Links only as a convenience to you. Sanmarga Trust is not responsible for, and expressly excludes all liability with relation to these linked webpages or websites which you access at your own risk, and Sanmarga Trust does not review, approve, monitor, endorse, make any representations, warranties or conditions concerning the linked webpages or websites or their content.
MISCELLANEOUS
1. Representations, Warranties and Undertakings
- You warrant that any information you may post, transmit or submit to this website does not: (i) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (ii) constitute a criminal offence or give rise to civil liability.
- You warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the website or to any other user.
- (Where applicable) you represent and warrant that you have full power and authority, corporate or otherwise, to enter into and perform your obligations under this Agreement and constitutes legal, valid and binding obligations.
- Entry into and performance of this Agreement does not violate any provisions of any law, statute, rule, regulation, judgement, writ, injunction, decree or order applicable to such Party.
- Sanmarga Trust represents and warrants that all permission required by law to operate the website has been obtained.
2. Termination: Your rights with regard to accessing this website may be terminated or restricted at any time at the sole discretion of Sanmarga Trust. Sanmarga Trust is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Sanmarga Trust may choose to enforce.
3. Relationship: This Agreement does not create any association, partnership or agency relationship between you and Sanmarga Trust.
4. Force Majeure: If either Party hereto is unable to perform in whole or any part of its obligations and responsibilities under this Agreement for any reason beyond its control including but not limited to strikes, pandemic, epidemic, lock-outs, acts of god, war, riot, malicious acts of damage, fire, acts of any government authority or failure of the public electricity supply, then the performance of the obligations of that Party as affected by such cause shall be excused during the continuance of the inability so caused, but such inability shall so far as possible be remedied as soon as reasonably possible
5. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) Sanmarga Trust, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.
6. Contact: Please fill out our Support service form or you can also reach our Support Services Team by phone at: +44 7897220414 from 9AM-5PM IST. It may take longer than usual to respond during especially busy periods.
7. Assignment: You shall not assign or deal with the whole or any part of your rights and/or obligations under this Agreement without the prior written consent of Sanmarga Trust.
8. Modification/Variation: As the terms of this Agreement may be modified at Sanmarga Trust’s sole discretion, without any obligation to notify you, we advise that from time to time you check this website to review the changes. Your continued use of this website shall constitute your consent to any changes.
9. Entire Agreement: This Agreement along with the Privacy Policy and the cookie policy embody all the terms and conditions agreed upon between Sanmarga Trust and you and there are no other written or verbal agreements or representations relating to same. Should any provision of the Agreement be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.
10. Governing Law and Jurisdiction: This Agreement, the website, any use of it and any dispute relating thereto to shall be governed and construed in accordance with the laws of Sri Lanka.
11. Dispute Resolution: Disputes shall be settled amicably between Parties by negotiation. If the Parties are unable to settle the dispute amicably within thirty (30) days from the date of notice of the dispute, the Parties irrevocably submit to the exclusive jurisdiction of the Courts of Sri Lanka
Latest Update: August 2023