Welcome to the website operated by SurfEdge Pvt Ltd, (hereafter referred to as "SE", "we", "us"
or "our"). SE maintains www.surfedge.lk (hereafter "site") as a service to our users and
visitors (our site and such services, collectively, our "services").
By using this site, you agree to comply with and be legally bound by the following terms and conditions. Please review the following terms carefully. If you do not agree to these terms and conditions, you have no right to obtain information from or otherwise continue using this site. You may be subject to civil suits and may also be criminally liable if you fail to use this site in accordance with the following terms and conditions.
Without prejudice to aforesaid and more particularly, MAKING ANY PAYMENT FOR ANY SERVICES WHETHER ONLINE VIA THE SITE OR OFFLINE OR VIA OUR AUTHORIZED SALES AGENT OR OUR AUTHORISED RESELLER, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
These terms apply to all Services and governs all applications or service orders for the Services (each referred to as a“Service Order”). In case of any conflict between the terms of this Agreement and those of a Service Order, the terms of the Service Order shall prevail.
Any rules, policies and special terms and conditions applicable to any Value Added Services, each published on the Site, may be revised from time to time (collectively, the “Website Terms”). You hereby agree to comply with such Website Terms at all time.
We reserve the right to modify these terms and conditions or policies relating to our services at any time, effective upon posting of an updated version of these terms and conditions on the site. Also we reserve the right to improve or update the Services at any time, including improvement to or upgrade of the company and product classifications, ranking etc. and we further reserve the right to modify its pricing structure, discounts and payment conditions from time to time at its sole discretion.
You are responsible for regularly reviewing terms and conditions. By using this site, you agree that the posting of new or revised terms and conditions on the site will constitute adequate and constructive notice to you of any and all revisions and changes.
The following describes the terms and conditions on which SurfEdge offers you, access to our site and services.
The payer is responsible to;
Ensure the correctness / validity of all the information entered to the platform.
Payee is responsible to;
Ensure correct payment collection details are provided to SurfEdge in order for payment collection.
Your Experience with Other Users;
You are solely responsible for your interactions with other users of our services. We will not be responsible for any damage or harm resulting from your interactions with other users of our services. We reserve the right to monitor interactions between you and other users of our services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our services may consider obscene, lewd, lascivious, violent, harassing or otherwise objectionable.
By using the SurfEdge site and services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from SurfEdge. You release SurfEdge from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.
In connection with your use of our services, you shall act responsibly and exercise good judgment. You shall, inter alia, not:
User of the said website shall conduct all activities on the Site in accordance with all applicable laws and regulations and commonly accepted commercial practices. user shall also conduct its activities with the said site with integrity and in an ethical manner.
The foregoing is merely a list of examples of prohibited conduct. SurfEdge reserves the right to cancel user accessibility or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
SurfEdge reserves the right to cancel purchases if we are of the opinion that any sender or recipient is in breach of any of the terms and conditions herein contained.
Monitoring / recording of communications
Monitoring or recording of your calls, emails, text messages or other communications may take place when required in accordance with the law, and in particular for SurfEdge 's business purposes, such as for quality control and training, to prevent unauthorized use of SurfEdge 's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
In using our services, you may be exposed to content and information from other users or third parties ("Third Party Content"), either at our site or through links to third party websites. We do not control, and shall have no responsibility for Third Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to Third Party Content.
Third party refers to any comments made/content uploaded in the Site by any user except “SurfEdge”.
We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time:
(a) terminate your access to our services.
(b) Cancel or delete any of your orders and all related information and files and
(c) bar your access to any of such files or services. In a case of order cancellation, the order amount will not be refunded to payer's account. Handling fee is also nonrefundable.
Modification of Services
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services.
You shall use our services in a manner consistent with any and all applicable local, national and international laws and regulations.
Limits on Liability
We shall not be liable for damages of any kind of a service you buy from the vendors.
Terms of Sale
If you use our services, you do so at your sole risk. You acknowledge and agree that SurfEdge does not check any recipient's background or record. Our services are provided on an "as is" and "as available" basis. Although every effort has been made to provide accurate information on these pages, neither SurfEdge, nor any of its employees, nor any member of the SurfEdge’s affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the services or any part thereof contained on the site.
We do not warrant that
(a) our services will meet your requirements;
(b) our services will be uninterrupted, timely, secure, or error-free;
(c) any information that you may obtain through our services will be accurate or reliable;
(d) the quality of any services, services, information or other material purchased or obtained by you through our services will meet your expectations; or
(e) any errors in any data or software will be corrected.
If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission.
No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.
You shall indemnify us and our employees, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from any of your acts or use of the Services or from breach of any of the terms and/ or conditions herein contained and from claims of third parties. we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.
Limitation of Liability
We represent and warrant that we will provide the Services with reasonable care and skill. EXCEPT AS EXPRESSLY PROVIDED herein AND TO THE FULL EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND we HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. IF we BREACH THE WARRANTY HEREUNDER, we SHALL RE-PERFORM THE AFFECTED PART OF THE SERVICES. TO THE FULL EXTENT PERMITTED BY LAW, THE REMEDY UNDER THIS CLAUSE SHALL BE MEMBER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF our WARRANTIES UNDER THIS AGREEMENT.
TO THE FULL EXTENT PERMITTED BY LAW, we SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OR INABILITY TO USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.
You hereby agree not to hold us responsible for third parties’ content, actions or inactions. If you use third parties’ services or products in connection with the Services, you further agree not to hold us responsible for such third parties’ services or products.
Any material downloaded or otherwise obtained through the use of the Services is done at your sole discretion and risk and you are solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated herein.
Notwithstanding any of the foregoing provisions, the aggregate liability of us, with respect to you for all claims arising from the use of the Services or the Site shall not exceed the amount of the fees that you have paid to us. The preceding sentence shall not preclude the requirement by you to prove actual damages. All claims arising from the use of the Services must be filed within one (1) year from the date the cause of action arose.
Under no circumstances shall we be held liable for any delay or failure or disruption of the Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals
If any provision contained herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Any failure by us to exercise any of its rights in terms of these conditions shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
we shall have the right to assign the terms contained herein (including all of its rights, titles, benefits, interests, and obligations and duties) to any person or entity.