Terms of Service
Copyright and Submitted Material
All material and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by EL Holdings. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the content in any form or by any means including but not PLC to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
You acknowledge and agree that if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not PLC to, upon receipt of claims or allegations from third parties or EL Holdings relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively “Feedback”), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not PLC to developing, manufacturing and marketing products and services incorporating such Feedback.
Trademarks
“EKKO” and its logo are the registered trademarks of EL Holdings, Sri Lanka. Any other trademarks appearing on this Website are the trademarks of the relevant owners. You must not use any trademarks that appear on this Website without the written consent of the trade mark owner.
Delivery
Free delivery is offered in Sri Lanka for purchases above LKR 5000. All purchases below LKR 5000 are subject to delivery charges.
Links
We may provide links on this Website to the websites of third parties. However, you acknowledge and agree that we have no control over and do not monitor these third party websites. We make no representations about and cannot accept any liability for these websites. A link to a third party website does not mean that we endorse the content of that website. Your access to third party websites may be governed by their own terms of use. You may not create a link to this Website from another website or document without our prior written consent.
Privacy
EL Holdings treats personal data with respect and integrity. The Website Privacy Statement applicable to this Website explains how personal data will be treated as you access and interact with this Website and how it can be accessed.
User Conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
In accessing this Website, you must not:
- Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
- Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
- Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
- Reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
- Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene; engage in any kind of illegal, criminal or tortuous activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
- Attempt to obtain unauthorized access to this Website or parts of this Website that are not opened to public access;
- Or post or transmit to or via this Website any defamatory, derogatory or offensive material or publication.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not. You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies. Indemnity You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.
Warranties and Disclaimers
The Content and this Website are provided “as is” and “as available”. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not PLC to, implied warranties of merchant-ability and fitness for a particular purpose, or non-infringement. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
We reserve the right to make any change to the Content without notice. We may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:
- Constitute an offer or inducement to enter into a legally binding contract;
- Form part of the terms and conditions for our products and services;
- Purport to provide you with personal financial or investment advice of any kind; or
- Take account of your particular financial position or requirements.
The Website may include information about stocks and their prices. The information made available on stock prices on the Website does not reflect the current or “real time” price of the stock. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described. Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own inquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not PLC to legal costs and defense or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded.
Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
Severability
If any parts of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision may be severed from these Terms of Use and it will not affect the validity and enforce-ability of the remaining provisions.
Waiver
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be PLC to a single waiver PLC to the specific circumstances under which such waiver was granted.
Applicable Law
The Applicable Law relating to the Content, access and use of this Website is that of Sri Lanka. Use of this Website indicates your irrevocable and unconditional consent to submit to the exclusive jurisdiction of the Courts of Sri Lanka.
Product Descriptions and Availability
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
We cannot confirm the price of a Product until your order is accepted in accordance with our Order Acceptance Policy.
There may be situations where the product is no longer available. In this instance, we will contact you to advise you of the situation and provide alternative products of which you can proceed with your order or cancel. If you decide to cancel, EKKO will arrange a refund or an exchange.
Product Dimensions, Weight, Colors and Specifications
Whilst we try to be as accurate as possible, all size, weights and measurements quoted on this website are approximate.
Images of the products shown on this website are for illustrative purpose only. We have made every effort to display all product colors accurately. However we cannot guarantee that the image displayed on your monitor will accurately reflect the true color of the products delivered to you.
Whilst every effort has been made to ensure that product specifications are on this website due to continual product development through research and design specifications may change without notice.