TERMS & CONDITIONS

 

 

www.promateworld.com is wholly owned and operated by Printexel (Private) Limited (hereinafter referred to as PROMATE), a company duly incorporated in Sri Lanka under the companies act No. 07 of 2007 and having its offices at Rathna Mawatha, Pore, Athurugiriya, Sri Lanka. PROMATE and its affiliates provide their products and services to you subject to the following conditions. If you visit or shop at PROMATE, you accept these conditions. Please read them carefully. In addition, when you use any current or future PROMATE product or service or visit or purchase from any business affiliated with PROMATE, whether or not included in the PROMATE Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to PROMATE, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit PROMATE or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PROMATE or its content suppliers and protected by Sri Lankan and international copyright laws. The compilation of all content on this site is the exclusive property of PROMATE and protected by Sri Lankan and international copyright laws. All software used on this site is the property of PROMATE or its software suppliers and protected by Sri Lankan and international copyright laws.

LICENSE AND SITE ACCESS

PROMATE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of PROMATE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PROMATE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PROMATE and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the PROMATE or PROMATE name or trademarks without the express written consent of PROMATE. Any unauthorized use terminates the permission or license granted by PROMATE. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of PROMATE so long as the link does not portray PROMATE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PROMATE logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PROMATE does sell products for children, but it sells them to adults, who can purchase them with a credit card. If you are under 18, you may use PROMATE only with involvement of a parent or guardian. PROMATE and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from PROMATE are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS & IMAGES

PROMATE and its affiliates attempt to be as accurate as possible. However, PROMATE does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. We do our best to show the exact product image in our product listings. However, we do not guarantee that the product delivered to you will have the same design/pattern, particularly relating to book covers, as the sample image(s) displayed, except in such instances where the shopping cart allows you to select a specific colour or pattern when ordering the product. If a product offered by PROMATE is not as described, your sole remedy is to return it in unused condition.

RETURN POLICY

PROMATE operates on a strictly no return policy. A product may only be returned if a customer received a product that was not ordered, has received a product which does not meet the published specifications or is damaged. In all other instances once a product is ordered it is considered sold and not returnable. PROMATE does not offer a money back guarantee or trial products. It is solely your responsibility to ensure that the product you are purchasing will satisfy your requirements. If you choose to have your order delivered by post, PROMATE cannot offer any guarantee about loss or damage in transit. While delivery by post is cheaper, it does involve greater delay and higher risk in damage or loss.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY PROMATE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROMATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROMATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROMATE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PROMATE or PROMATEWORLD.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROMATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting PROMATE, you agree that the laws of Sri Lanka, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PROMATE or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to PROMATE or to products you purchase through PROMATE shall be submitted to arbitration in Colombo, Sri Lanka, except that, to the extent you have in any manner violated or threatened to violate PROMATE's intellectual property rights, PROMATE may seek injunctive or other appropriate relief in any court in Sri Lanka, and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules prevailing in Sri Lanka. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Pricing and Availability policy, posted on this site. These policies also govern your visit to PROMATE. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

CONTACT INFORMATION

You may reach us at PRINTXCEL PRIVATE LIMITED, No. 164/4-A, Bakmeegahawewa Road, Pore, Athurugiriya, 10150, Sri Lanka.

PRIVACY POLICY

As part of the normal operation of our services we collect and, in some cases, disclose information about you. This Privacy Policy describes the information we collect about you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about PROMATE's practices so that you can make informed decisions. The privacy practices of this statement apply to the PROMATE website and sub domains (collectively the "Site"). As described below, some of your personally identifiable information is disclosed to third parties and used by us and third parties. By accepting the User Agreement, you expressly consent to our use and disclosure of your personally identifiable information. This Privacy Policy is incorporated into and subject to the terms of the PROMATE User Agreement.

A SPECIAL NOTE ABOUT CHILDREN.

We ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians. This policy applies only where a service provided by us requires you, the user to LOG-IN by way of entering your assigned Username and Password at our LOG-IN page.

INFORMATION WE COLLECT

Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier. Under some circumstances we may require some additional financial information, such as, but not limited to: if you are registering using an email account at a free email service. We use your financial information, including credit card information to verify your name, address, and other information, as well as to bill you for your use of our products and services. We automatically track certain information based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. We use data collection devices such as "cookies" on certain pages of our site. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more frequently during a session. If you choose to buy on our site, we collect information about your buying behavior. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you. We use the information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases. You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs. You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the notification preferences page. You may make changes to your notification preferences at any time.

OUR DISCLOSURE OF YOUR INFORMATION

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our Site. Therefore, although we use industry standard practices to protect your privacy, we do not guarantee, and you should not expect, that your personally identifiable information or private communications will always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed. We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to marketing advertisers ever.

PROMATE

Community Throughout the Site, you are identified by your User ID. If you select your email address as your User ID you will disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your public activities on the Site. Even if your User ID is not your email address, your User ID can be used to identify you and your activities throughout the Site.

LEGAL REQUESTS

PROMATE cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

CONTROL OF YOUR PASSWORD

You are responsible for all actions taken with your User ID and password, including fees. Therefore we do not recommend that you disclose your PROMATE password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you are responsible for all actions taken with your User ID and password and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

REVIEWING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION

Following registration, you can review and change the information you submitted during registration including: Your User ID and email address. If you change your User ID we keep track of your old User ID(s) and your new User ID. Your registration information such as: name, company, address, city, state, zip code, country, primary phone number, secondary phone number, fax number and gender. Your password. You must promptly update your information if it changes. Upon your request, we will deactivate your account, contact information, and financial information from our active databases. To make this request, email [email protected] Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law. We will retain in our files information you have requested to remove in some circumstances, such as to resolve disputes, troubleshoot problems and enforce our User Agreement. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored "back up" systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests. PROMATE uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including "firewalls" and Secure Socket Layers. PROMATE treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet. We may change this Privacy Policy from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices. All changes to this policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the announcements board and sending email to users who select such notification preference.

CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

YOUR SUBMISSION

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

OUR SOFTWARE

Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the "Software"). You may use the software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions listed here or across the Site. Additional third party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Sri Lanka including but not limited to any other applicable copyright laws. When you use the Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to separate policies, terms of use, and fees of these third parties. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part, or create any derivative works from or of the Software. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in Rupees and are inclusive of all taxes lawfully prevailing in the country at the point of viewing and/or purchase. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your basket and the time you purchase it. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, our policies for refund will apply.  We list availability information for products listed on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or sms if any products you order turn out to be unavailable. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.