Last updated: October 10, 2018
These Terms and Conditions govern the use of the phonepola.com website, owned and operated by Stelacom (Private) Limited and Tradeup Solutions (Private) Limited.
These Terms and Conditions may be amended from time to time with or without notice to you. Whenever these Terms and Conditions are amended, the revised version of the Terms and Conditions will be posted on our Website and when you click on the ‘Terms and Conditions’ link you will be directed to such a revised version of the Terms and Conditions. You should therefore read the Terms and Conditions periodically so as to keep yourself updated with the terms and conditions in force at any given time. Your acceptance of the Terms and Conditions includes acceptance of any amendments to such Terms and Conditions done from time to time.
- INTRODUCTION, ELIGIBILITY, INFORMATION AND SECURITY
Phonepola.com is an online store through which you can, subject to these Terms and Conditions, and in particular, the Conditions of Sale as set out below, purchase online the Products available on our Website using the available payment options
To be eligible to purchase Products on our Website, you must be at least 18 years old.
You may open and maintain an Account with us [although opening an account is not mandatory to use the Website or purchase Products available on the Website].
In order to open and maintain an Account, you must provide us with correct and up-to-date information. You will be required to provide this information at the time you register with us.
- (b) Primary e-mail. At the time of registration, you will be required to provide an e-mail address which will function as your primary e-mail address when we communicate with you electronically. It is your responsibility to keep your primary email address up to date and operational at all times. You understand, acknowledge, and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you effectively.
- (a) While we have taken all precautions to ensure that our Website is secure and that your information is protected, you acknowledge and agree that you are also responsible for ensuring the security of your Account.
- (b) You agree that you will take all measures to keep your password secure and secret at all times and that you will take all steps to prevent the unauthorized use of your User ID. Protecting your password is your responsibility.
- (c) You MUST inform us immediately of any unauthorized access to your Account Profile or any unauthorized transaction or instruction which you know of or if you suspect that someone else knows your password and/or has access to your Account. Such notification should be provided via email to email@example.com or by contacting the helpdesk on telephone number 011 751 0999. You will be required in such circumstances to change your Password immediately to a different password that has not been used before.
- USE OF THE WEBSITE
- You may, where the Website permits, post comments, reviews of Products, and other content. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and maybe crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
- By posting comments, reviews, and other such content, you warrant and undertake that you have the necessary right and authority to so and that such publication and/or use and/or dissemination will not violate or infringe any third-party copyrights or other intellectual property rights in or to the content or any data or information included in the content or breach any non-disclosure obligation. You will indemnify and keep indemnified Phonepola against any claim, loss, damage, suit, prosecution, action, or charge arising from a breach of this warranty and undertaking.
- Restrictions on use. You agree not to use the Website (i) for illegal purposes; (ii) for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code; ((iii) in a manner that infringes or may infringe the intellectual property or other rights of another; (iv) for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email; (v) in a manner that could damage, compromise, over-burden or otherwise impede the proper functioning of the Phonepola systems, servers or resources. You shall also not use any false identity to mislead any person as to the source of any communication originating from the Services. Phonepola reserves the right to remove or edit any offending content, although it is not obliged to do so.
- The use of the Website and its features and any other hyperlinked website shall be at your risk. It is your responsibility to take such precautions against such items as viruses, worms, Trojan horses, and other items of a destructive nature. Phonepola shall in no event be liable to any party for any direct, indirect, special or other consequential losses or damages for any use of the Website, or any other hyperlinked website, including without limitation, lost profits, business interruption, loss of programs or other data on the Customer’s system or otherwise, even if Phonepola has been expressly advised of the possibility of such damages.
- OUR RIGHTS AND LIABILITIES
- We reserve the right to suspend and/or cancel and/or modify and/or withdraw, temporarily or permanently, the Phonepola services (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of such services. We have no obligation to continue producing or releasing updates to or new versions of the Website.
- We do not warrant an error-free or uninterrupted performance of the Website and/or any part or feature of the Website or the Phonepola services.
- We will use all reasonable endeavors to maintain the Website and keep the same operational so as to provide you with uninterrupted service. However, there may be situations that render the Website and/or the Phonepola services and/or any part or feature thereof temporarily not operational due to reasons beyond our control and/or where we may be compelled to take the Website and/or the Phonepola services and/or any part or feature thereof offline and/or interrupt the services or any part or feature thereof for, inter alia, maintenance, rectification or updating. However, notwithstanding anything to the contrary contained elsewhere in this Agreement, Phonepola shall not be liable to you and/or any third party for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising from or attributable or incidental to the Website and/or the Phonepola services and/or any part or feature thereof being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to an error in the Website or the Phonepola services due to any reason whatsoever even if we had been advised of the possibility of such damages.
- GENERAL TERMS
- Limitation of liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE PHONEPOLA SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
- No Warranty. THE PHONEPOLA SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. PHONEPOLA, OUR PARENTS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Indemnification. You agree to defend, indemnify and hold Phonepola, their Affiliates, and our officers, directors, agents, joint ventures, employees, and suppliers harmless from any claim, demand (including reasonable attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of these Terms and Conditions and/or use of the Website.
- Assignment. You may not transfer or assign any rights or obligations you have under these Terms and Conditions without Phonepola’s prior written consent. Phonepola reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
- No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
- CONDITIONS OF SALE
- Trademarks. The Phonepola name, logo, and all names and logos associated with Phonepola, the Website and Stelacom (Private) Limited and Tradeup Solutions (Private) Limited are trademarks of Stelacom (Private) Limited and/or Tradeup Solutions (Private) Limited, and you agree that you will not display or use in any manner any such trademarks without the prior express consent of Stelacom (Private) Limited and Tradeup Solutions (Private) Limited (as the case may be).
- Copyrights, patents and design rights. Stelacom (Private) Limited and Tradeup Solutions (Private) Limited are the owners of all copyrights, patents, design rights, and other intellectual property rights in and to the Website and all software incorporated therein or associated therewith [subject to any third party rights in any software used in the development of the Website]. The content of the Website, including trade names, trademarks, logos, text, graphics, applications, software, and other content is unless indicated otherwise, the sole and exclusive property of Stelacom (Private) Limited and/or Tradeup Solutions (Private) Limited and is protected by domestic and international copyright, trademark and other intellectual property laws. Any unauthorized use or modification of any of the content of the Website is strictly prohibited and would be a violation of the intellectual property rights of Stelacom (Private) Limited and/or Tradeup Solutions (Private) Limited.
- CONDITIONS OF SALE
- (a) All information published by Phonepola on the Website containing descriptions, specifications, and features of Products are so published for purposes of guidance only. Phonepola shall have the right to change, modify or amend any such information from time without notice. Although Phonepola has sought to be as accurate as possible in respect of product descriptions and other information published on the Website, such information may contain technical inaccuracies and typographical errors. Phonepola does not warrant or guarantee that such information is 100% accurate, reliable, complete or error-free.
- (b) All Products displayed for sale on the Website are offered for sale subject to availability and subject always to Phonepola’s acceptance of the Order.
- (c) No Contract shall be deemed completed unless and until an Order placed by you is accepted by Phonepola. No Order shall be deemed accepted by Phonepola unless and until it is confirmed unconditionally by Phonepola on screen and/or by e-mail.
- Price and Payment
- (a) The price indicated on the Website in respect of each Product is the price of the Product at the time of online sale. You acknowledge however that there is a possibility of inadvertent misstatement of prices on the Website and consequently, the final price of Products ordered will be confirmed only when the processing your Order. In the event the confirmed price is more than the price indicated on the Website, no charge will be made from you and the Order will not be processed until you confirm approval of the new price.
- (b) All applicable delivery charges, credit card surcharges [if any], and procession fees will be displayed along with the final price of the Products when processing the Order. In the event you do not agree to such charges, the Order will not be further processed.
- (c) Payment for the Products may be made using any of the available options, including online payments by credit/debit card or payment on delivery.
- (a) You will be required at the time of placing an Order to enter details of the address for delivery of the Products. Provided the place of delivery as specified by you is within the area wherein delivery is effected by Phonepola [which area is specified on the Website] such place shall be the place of delivery and will be indicated on the Order Confirmation.
- (b) Any dates quoted for delivery of the Products are indicative only. It is specifically agreed that time for delivery will not be of the essence of the Contract and Phonepola shall not be liable for any loss, damage, or expenses sustained by you arising from any delay in the delivery of the Products howsoever caused.
- (c) Without prejudice to the generality of Sub-Clause (b) above and the limitations therein contained, in the event that Phonepola is unable to effect delivery within the period quoted in the Website for any reason whatsoever Phonepola may at its discretion inform you of such inability, whereupon you may at your option elect to cancel the Order, in which event the total sums paid by you in respect of such Order shall be refunded by Phonepola to you.
- (d) Delivery of Products shall be charged as per the then-current rates/charges published on the Phonepola Website. Delivery charges in respect of each Order shall be indicated by Phonepola as aforesaid when the relevant Order is being processed. Delivery charges are subject to change from time to time.
- (e) You shall inspect the Products on delivery and, where Products have been delivered by carrier or Phonepola, sign the required proof of delivery document or such other document submitted by the carrier/Phonepola. A signature on such a document by or on your behalf shall constitute conclusive evidence against you of receipt of the number of Products indicated on that document free from any apparent defect or damage.
- (f) You may refuse to take delivery in the following circumstances:
- (i) where the packaging/seal of packaging has been tampered with - a description of the alleged damage or defect or tampering shall be given by you in writing at the time of delivery and signed by you or on your behalf; or
- (ii) where the Products delivered are not the Products ordered by you or where the Products delivered do not match the description of the Products in the Contract.
Where you refuse to take delivery for the reasons set out in (i) or (ii) above, Phonepola may, at its option, re-deliver Products matching the Contract description, in which event the provisions of Sub-Clause (e) and this sub-clause (f) shall apply to such re-delivery, or refund to you all sums paid in respect of such Products.
Provided that in the event Phonepola determines that there was no basis for you to reject the Products under either (i) or (ii) above, you shall be deemed to be in breach of contract by failing to take delivery of the Products.
- (g) In the event you fail to take delivery of the Products, Phonepola may, without prejudice to or detracting from any other remedy available to Phonepola under the law arising from your breach of contract, pursue either or both of the following options:
- (i) Store the Products until actual delivery and charge you for the cost (including insurance) of storage, together with any other reasonable incidental costs; or
- (ii) Sell the Products at the best price readily obtainable by Phonepola and (after deducting all storage and selling expenses) charge you for any shortfall.
Provided that the provisions of this Clause shall not apply where you have refused to accept delivery in accordance with sub-clause (f) above.
- Risk and Property
- (a) The Risk of damage to or loss of the Products will pass to you on delivery at the agreed address specified at the time of Order.
- (b) Provided that notwithstanding delivery of the Products and the consequent passing of risk in the Products, property in the Products shall not be deemed to pass to you until Phonepola has received in full the Price of the Products and any other sums due and payable by you under the relevant Contract.
- Defective Products and limitation of liability
- (a) All Products are accompanied by a standard manufacturer’s warranty for the Product, and Phonepola’s liability for defective Products shall be limited to its liability under the relevant warranty. The said warranty constitutes the entirety of the liability assumed by Phonepola to you relating to the Products. All other warranties of any kind including statutory, oral, written, express, or implied, are excluded to the full extent permitted by law.
- (b) Dead on Arrival (DoA) Products – A Product is considered DoA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DoA, you should contact Phonepola customer care within 3 calendar days of the delivered date. A customer care agent will then direct you to the closest Phonepola service center for assistance. The service center will determine whether the product is DOA and offer you the following options:
- (i) Service/repair: You may opt to have the Product repaired. However, once serviced and/or repaired, the Product may no longer be eligible for replacement, unless the service center determines that the Product is not repairable.
- (ii) Replacement: You may opt for a replacement of the DoA Product, in which case the DoA Product will be replaced at Phonepola’s expense at the service center.
In the event a DoA Product is not notified to Phonepola customer care within the aforesaid period of 10 days, the defect will be dealt with in terms of the applicable manufacturer’s warranty.
- (c) Except as provided herein Phonepola shall not be liable for any indirect or consequential loss or damage, costs, expenses (including loss of profit), or other claims for compensation whatsoever arising out of or in connection with the sale of the Products. All liabilities not specifically mentioned herein are excluded to the full extent permitted by the law.
- (d) In any event, the liability of Phonepola, its agents, employees, subcontractors, and suppliers with respect to any and all claims arising out of the performance or non-performance of Phonepola’s obligations hereunder shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) of the Products concerned. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; the cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions and all Contracts incorporating the Terms and Conditions shall be governed by and construed in accordance with the laws of Sri Lanka. The Courts of Sri Lanka shall have exclusive jurisdiction in respect of all disputes arising under these Terms and Conditions or any Contract incorporating these Terms and Conditions.
- CONDITIONS OF SALE
“Contract” means the Order and Order Confirmation in respect of online purchases carried out via the Website
“Products” means the products made available for sale by Phonepola via the Website in accordance with these Terms and Conditions
“Order” means the Customer’s order for Products placed via the Website
“Order Confirmation” means Phonepola’s confirmation of the Customer’s Order
“Website” means the Phonepola website
“Writing” includes writing or text displayed on the screen of a computer monitor/screen or other similar device