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Terms and Conditions

Welcome to the noyek.lk  and DRANTECH SOLUTIONS (PVT) LTD owns and operate this Website.  Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms and conditions.

By viewing and/ or using the Services of this Website, you are agreeing to all of the Terms and Conditions herein. So please go through these Terms and Conditions carefully before proceeding.

noyek.lk  and DRANTECH SOLUTIONS (PVT) LTD (hereinafter collectively referred to as “Noyek”) have all right to update and change the website and terms and conditions. You should check this page regularly to take notice of any changes we may have made.

Electronic Communications
When you visit Freecycle.lk 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.

License and Site Access
Subject to the terms and conditions of this agreement Noyek hereby grants you a limited, revocable, non-transferable and non- exclusive license to access and use the site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Noyek. 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: or any use of data mining, robots, or similar data gathering and extraction tools. 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 express written consent of Noyek. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Noyek. You may not use any meta tags or any other "hidden text" utilizing Noyek’s name or trademarks without the express written consent of Noyek. Any unauthorized use terminates the permission or license granted by Noyek.

Access to this Website is permitted on a temporary basis, and Noyek shall reserve the right to withdraw or amend the Services without notice. Noyek shall have all rights to refuse the service, terminate accounts, and or cancel orders at its discretion. Noyek shall not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, Noyek may restrict access to some parts or all of this Website.

You are not permitted to upload, distribute, or otherwise publish through this site any information, content, material or other thing that,

  • Violates or infringed the protected copy rights of others under the law.
  • Is libelous, threatening, defamatory, obscene, indecent, pornographic or against the social ethics and give rise to any civil or criminal liability under the Sri Lankan Law.
  • Include any bugs, viruses, worms, trap doors or other harmful codes or properties.

You shall not tamper with or circumvent any security technology included with the Services.

Intellectual Property Rights
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Noyek and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal and non-commercial uses in compliance with this Agreement. No portion of the Services shall be reproduced in any form or by any means without the written consent of Noyek. You agree not to modify, rent, loan, sell, or distribute the Services or product/s in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The suppliers, content providers and advertisers etc. (hereinafter collectively referred to as “Sellers”) shall warrant that they have the intellectual property rights and/or necessary licenses for any data, information and/or material subject to intellectual property protection, which have been handed/ sent over to Noyek by the Seller/s for the purposes of publishing in the Web Site and that such handing over/ sending/ publishing does not violate any intellectual property rights of any third party. The Sellers shall surrender any right with regard to such Intellectual property Rights to the exclusive benefit of Noyek. If any issue arising in respect of violation of any Intellectual Property right with regard to an item published in the Web Site, then the Seller/s who provided such material for publishing in the Web Site shall be solely and exclusively responsible for same.

The Sellers shall keep Noyek at all times fully indemnified from and against any violations of intellectual property rights of third parties arising out of publishing content in the Web Site and from all actions, proceedings, claims, demand, costs, awards and damages arising directly or indirectly thereof in respect of material given by such Sellers for publishing in the Web Site.

The Sellers, Buyers and the users/ viewers of the Website are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content which appears on this Website nor to use any such content in connection with any business and/ or commercial enterprise.  

Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Noyek or its content suppliers and protected by international/domestic copyright laws. The compilation of all content on this site is the exclusive property of Noyek, with copyright authorship for this collection by Noyek, and protected by international/domestic copyright laws.

Sellers grant Noyek a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed.

 

Disclaimer of Warranties and Limitation of Liability
This site is provided by Noyek on an "as is" and "as available" basis. Noyek 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, Noyek disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Noyek does not warrant that this site, its servers, or e-mail sent from Noyek are free of viruses or other harmful components. Noyek 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 state 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. 

Noyek does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time Noyek may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you.
You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by Noyek) provided "as is" and "as available"  as aforesaid for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and no infringement. No oral or written information or advice given by Noyek or its authorized representative shall create a warranty.

In no case shall Noyek, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility.
Noyek shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release Noyek from any and all liability to you for any loss or liability relating to such information in any way.
Noyek does not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release Noyek from any liability relating thereto. You shall be responsible for backing up your own system, including any product/s acquired through the services. Noyek is not responsible for data charges you may incur for downloading or streaming files over a data connection.
In no event shall Noyek be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the product/s, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Noyek  has been advised of the possibility of such damages.

Email Address of Users
Users are required to submit a valid email address, before they are allowed to post advertisements. The email address of the User shall not be publicly displayed and other users are permitted to send email to the User through Freecycle.lk.
Changes to Content and Images
Noyek reserves the right to change the title of the Content, for editorial purposes. Noyek reserve the right not to publish images that are irrelevant or images that violate rules & regulations and, policies of Noyek.

Cookies
This site uses cookies, which means that you must have cookies enabled on your computer in order for all functionality on this site to work properly. A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies, by themselves, cannot be used to find out the identity of any user.

 

Privacy
Your use of our Services is subject to Noyek’s Privacy Policy, which is available at Freecycle.lk  web site.

Risk of Loss
All items purchased from Noyek are made pursuant to a contract/transaction. This shall mean that the risk of loss and title for such items shall pass to the customer upon our delivery to the carrier.

Payment Terms
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The full payment is required by a customer when an order is placed and until the full payment has been paid he is not required to provide any good.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Noyek shall not be responsible. 

In order to contract with Freecycle.lk you must be over 18 years of age and should possess a valid credit or debit card issued by a bank acceptable to Noyek. Noyek will have the right to refuse any request made by you with regard to purchase an item published in the Web Site. If your order is accepted Noyek will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Freecycle.lk or may in some cases be a third party. Where a contract is made with a third party Freecycle.lk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

When placing an order you undertake that all details you provide to Noyek are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate and all prices advertised are subject to such changes. You are responsible for reading the full item listing before making a commitment to buy.

Noyek may introduce various promotion schemes from time to time according to which the conditions herein may change accordingly. By engaging and/ or accepting the said promotion schemes you shall agree to abide by the terms and conditions relevant to the said promotion schemes. Noyek shall have the sole and exclusive right to change and terms and condition pertaining to such promotion scheme.

Noyek’s delivery of product/s does not transfer any promotional use rights to you, and does   not constitute a grant or waiver of any rights of the copyright owners.

(a) Our Contract 
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(d) Product descriptions
Freecycle.lk always attempts to provide you the accurate items as possible. However, Noyek shall not warrant that product descriptions or other content of any of its Service is accurate, complete, reliable, current, or error-free. If you find any error of a product or if it is not as described as itself in the website, it is your sole responsibility to return it in the same condition that you received.

 

Buyer Protection
If the delivered item is not as described in the advertisement, Freecycle.lk will replace it without making any additional charges for such replacement if returned immediately upon receipt of the item by the Buyer and not later than 7 days of receiving the item. Goods must remain unused and returned in its original packaging.

 

Restrictions and Obligations
Notwithstanding any other provision of these Terms you shall agree and undertake not to;

  • Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of it except and to the extent that any elements are provided to you with Noyek’s express consent for the same.
  • Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained  on or in the Service;
  • Create software which mimics any data or functionality in the Service;
  • Use or deal in the Service except as permitted by these terms;
  • Use your access to the Service or information gathered from it, for the sending of unsolicited bulk email;
  • Make any public, business or commercial use of the Service or any part of it except as permitted by these terms;
  • Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the service without Noyek’s prior written permission; or
  • Use or process the Service or any part of it unfairly or for an illegal or immoral purpose;
  • Delete or obscure any copyright, trademark or other proprietary notice on the service.

Contract Changes
Noyek reserves the right at any time to modify these Terms and Conditions and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions. Your continued use of the Services will be deemed acceptance thereof.

External links
Our website may contain links or references to third party websites or other resources of the internet. The Freecycle.lk will not responsible for any content in the third party website since they are not administered or regulated under this website. The person who access to such third party website he is completely on his/her own risk.

Third-Party Materials
Noyek is not responsible or liable for third party materials included within or linked from the product/s or the Services.

Termination and Suspension of Services
If you fail, or Noyek suspects that you have failed, to comply with any of the provisions of this Agreement, Noyek may, without notice to you: (i) terminate this Agreement and/or your Noyek ID, and you will remain liable for all amounts due from you up to and including the date of termination; and/or (ii) preclude your access to the Services.
Noyek further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Noyek will not be liable to you or to any third party should it exercise such rights.

Waiver and Indemnity
By using the services, you agree, to the extent permitted by law, to indemnify and hold Noyek, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the services, or any action taken by Noyek as part of its investigation of a suspected violation of the Terms and Conditions or as a result of its finding or decision that a violation of this agreement has occurred. You agree that you shall not sue or recover any damages from Noyek, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Noyek's conclusion that a violation of the Terms and Conditions has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by the Terms and Conditions.

Applicable Law
By visiting Freecycle.lk you agree that the laws of Sri Lanka and by using any service offered by the Freecycle.lk web site, you agree to be governed by the Sri Lankan Laws in respect of the terms and conditions herein and will govern any dispute of any sort that might arise between you and Freecycle.lk