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User Agreement: Terms and Conditions

Healthcart.lk (hereinafter called and referred to as ‘Healthcart’ or ‘Website’ or ‘Site’) brings health, beauty and personal care into your doorstep making your life easy as you never imagined before. Healthcart is an online market for all your healthcare needs and beauty and personal care needs. Healthcart is operated by Geekay (Private) Limited (hereinafter called and referred to as ‘Geekay’ or ‘we’ or 'us'). Geekay, which was founded in 1952 is a renowned distributor/ wholesaler / importer of a broad array of healthcare products, medical disposables and beauty and personal care products in Sri Lanka.
By using the services of Healthcart, you acknowledge and agree that your use is subject to the Terms and Conditions set out hereunder and that you are bound by the said Terms and Conditions. You further acknowledge that you are only permitted to avail of Healthcart and its Services as expressly set out in these Terms and Conditions. Please also note that the Privacy Policy published on Healthcart constitutes a part and parcel of this User Agreement and that you are required to read both the User Agreement and the Privacy Policy before you avail of any services of Healthcart.
Feel free to forward any queries in relation to these Terms and Conditions or any comments or complaints in relation to Healthcart by way of email to info@healthcart.lk or call us on 011-4377010.

1. Registration:

1.1       Users who intend to purchase products/services displayed on Healthcart are required to register with Healthcart and are allowed to choose a User ID and a password at the time of registration. However, anyone can browse the site without registering for a User ID.

1.2    Upon registration the user is solely responsible for the User ID and password and for all actions/activities/orders/purchases made on Healthcart while logged in with his User ID.

 1.3    A User must keep the User ID and password secure at all times.

 1.4    We recognize whether a user is accessing the site and using the services by the User ID. Therefore, the user is responsible for any unauthorized access with his/her User ID and liable for any claims arising out of or in relation to such use.

 1.5    If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

2. Eligibility to use:

2.1    Usage of Healthcart is restricted to persons who have the capacity to contract under Sri Lankan law.

2.2    Persons who do not have capacity to contract under the Sri Lankan Law are prohibited from using Healthcart.

2.3    We retain our right to refuse to provide access/services to any such person not having the capacity to contract under Sri Lankan Law and the right to terminate the account of any such person.

2.4    Persons whose account is suspended or terminated are prohibited from using Healthcart.

3. Restrictions on Usage:

By using Healthcart you acknowledge and agree that you are prohibited from using Healthcart for any of the following purposes;

  • To disseminate any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, pedophilic, racially and ethnically objectionable or otherwise objectionable material;
  • To transmit material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • To gain unauthorized access to other computer / network systems;
  • To interfere with any other person's use or enjoyment of Healthcart;
  • To breach any applicable laws;
  • To interfere or disrupt networks or websites connected to Healthcart;
  • To make, transmit or store electronic copies of materials protected by copyright without the permission of the owner;
  • To host, display, upload, modify, publish, transmit, update or share any information on Healthcart that belong to Geekay or any third party and to which you do not have any right;
  • To harm minors in any way;
  • To infringe any patent, trademark, copyright or other proprietary rights;
  • To violate any law for the time being in force;
  • To deceive or mislead the addressee about the origin of any message or to communicate any information which is grossly offensive or menacing in nature;
  • To impersonate another person;
  • To use software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including Healthcart;
  • To threaten the unity, integrity, defense, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • To violate or attempt to violate the integrity or security of Healthcart or its content;
  • To transmit any information (including job posts, messages and hyperlinks) on or through Healthcart that is disruptive or competitive to the provision of services by us;
  • To intentionally submit on Healthcart any incomplete, false or inaccurate information;
  • To use Healthcart to make any unsolicited communications to other users of Healthcart;
  • To use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search Healthcart;
  • To attempt to decipher, decompile, disassemble or reverse engineer any part of Healthcart;
  • To copy or duplicate in any manner any of the content on Healthcart; and
  • To engage in framing or hot linking or deep linking any content on Healthcart.

4. Restrictions on Quantity:

We have the sole discretion to determine and restrict the quantity of products/services purchased per person, per household or per order. Such restrictions may be imposed on orders placed by the same account, the same credit / debit card, and/or orders that use the same billing and/or shipping address. The customers will be notified of such restrictions. We further retain the right to prohibit sales to any customer at our discretion.

5. Restrictions on Delivery:

We will deliver the products only within Sri Lanka and will not be liable for any claims relating to any products/services ordered from outside Sri Lanka.

6. Content, Data and Information:

 

6.1    Although we have taken all care and precaution to try and provide accurate data and information, we do not represent that Healthcart or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance and/or quality. We do not give any warranty, express or implied, in relation to the operation of Healthcart website.

6.2    We do not represent that any products or services referred to in the materials on Healthcart are appropriate for use or available for delivery outside Sri Lanka.

6.3    By using Healthcart, you acknowledge that the content of the webpages of Healthcart is only for your general information and subject to change without notice.

6.4    All products, services and information displayed on Healthcart only constitute an invitation to offer. It is your order to purchase any product/service displayed on Healthcart that constitutes an offer, which shall be subject to the Terms and Conditions of this User Agreement. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch, which will constitute the acceptance of the order.

7. Pricing and Pricing Information:

7.1    We endeavor to provide you with best price for the products/services displayed on Healthcart. However, prices and availability are subject to change without notice.

7.2    Although we take special care to provide accurate pricing information, pricing errors or typographical errors may inadvertently be caused. We are only able to confirm the price of a product/service when a user has placed an order.

7.3    In the event that a product/service is listed at an incorrect price or with incorrect information due to an error in pricing or product/service information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been dispatched. In the event that a product/service is priced incorrectly, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

7.4    Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we shall have the right to modify the price of the product/service and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation.

7.5    In the event we accept your order the price of product/service shall be deducted from your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be refunded to your credit / debit card account.

7.6    Our promotional offers/discounts are not site wide and are limited to selected products/services/categories. Coupon codes may not be applicable on categories like diapers, baby food, etc. or such other products or services as may be determined by us in our sole discretion.

8. Intellectual Property Rights and Linking with Other Websites:

 

8.1    All materials constituting the content of Healthcart is owned by Geekay and/or third party and/or licensed to Geekay. Such material includes, but is not limited to, the design, layout, look, appearance, information, text, trademarks, service marks, pictures, photographs, graphics, interfaces and arrangement of the content. Copying, reproduction, uploading, posting and/or using such material in any other form are strictly prohibited without written permission from Geekay.

8.2    All trademarks reproduced in Healthcart, which are not the property of, or licensed to Geekay, are acknowledged on Healthcart.

8.3    Sri Lankan Intellectual Property Act No. 36 of 2003 applies to the content of Healthcart in relation to the intellectual property rights owned by Geekay and all material and information displayed, transmitted or carried on Healthcart are protected under and in terms of the provisions of Intellectual Property Act No. 36 of 2003, Any intellectual properties owned by third parties that appear in Healthcart are protected by relevant laws applicable to such intellectual properties.

8.4    Use of any material or content of Healthcart without authorization may give rise to a claim for damages and/or criminal charges.

8.5    Any links to other websites referred to in Healthcart are provided only for your convenience and do not in anyway represent that Geekay endorse those websites. Geekay takes no responsibility for the content and operation of any of those sites.

8.6    Creating a link from another website to Healthcart is prohibited without written permission from Geekay.

9. Disclaimers and Indemnity:

9.1    We expressly disclaim all warranties or conditions, whether expressed or implied, including but not limited to implied warranties or conditions. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on Healthcart.

9.2    By using Healthcart you acknowledge and agree to defend, indemnify and keep indemnified Healthcart, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Healthcart or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws or regulations, including but not limited to infringement of intellectual property rights, default of payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity and loss of service by other subscribers. You are hereby notified that this clause shall remain intact and binding irrespective of the expiry or termination of this User Agreement.

9.3    Force Majeure – Healthcart shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, act of god, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom Healthcart is not responsible.

10. Communications:

10.1  By using Healthcart you acknowledge and agree that all communications shall be made electronically and you consent to receive communications from us electronically.

10.2  We will communicate with you by email or by posting notices on Healthcart.

10.3  You acknowledge and agree that all such electronic communications, electronic data messages, electronic mails, electronic agreements, notices, disclosures and/or any other communication in the electronic form that we send you or post on Healthcart satisfy the legal requirement of being in writing and are valid and binding.

10.4  By submitting your phone number at the time of placing an order along with your billing/shipping address or requesting us to call you back, you consent to receive calls on that number for communication related to your order/request and/or other site related communication.

10.5  All reviews, comments, feedback, letters, postcards, suggestions, ideas, and other submissions posted and/or disclosed on Healthcart or submitted to us otherwise (collectively, the "Comments") shall be and remain our property. Such posting, disclosure or submission of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. We own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

10.6  We retain the right to monitor, edit or remove any Comments posted, disclosed and/or submitted on Healthcart.

10.7  You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments posted, disclosed and/or submitted by you.

10.8  You are and shall remain solely responsible for the content of any Comments you post/ disclose and/or submit on or to Healthcart and you agree to indemnify us for all claims arising out of or in relation to your Comments.

 

11. Financial Information:

11.1  You acknowledge and agree that the credit / debit card information or other financial information provided by you to Healthcart are and shall be correct and accurate and that you shall not use credit /debit card or financial facility which is not lawfully owned / obtained by you or authorized for your use by the owner of such card or facility.

11.2  We shall not be liable for any credit / debit card fraud. The liability for use of a card fraudulently shall be on you and the onus to 'prove otherwise' shall be exclusively on you.

12. Refusal, Suspension, Termination of Services:

12.1  We shall have the right to refuse our services to anyone at any time at our discretion.

12.2  We shall have the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

12.3  We may elect to suspend, vary or terminate the site and the services at any time without prior notice for repair or maintenance work or in order to upgrade or update the site and the services or for any other reason whatsoever.

12.4  Healthcart may elect to terminate the Services or your access to the site forthwith on breach of any of these Terms and Conditions by you, including but not limited to, delayed or non payment of sums due to Healthcart or if Healthcart ceases to offer the site and the services to its customers or for any reason whatsoever.

13. Website Security:

 

By using Healthcart you acknowledge and agree that you are prohibited from violating or attempting to violate the security of the Website, including, but not limited to:

  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;
  • Sending unsolicited email, including promotions and/or advertising of products or services; and
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

14. Terms of Sale

 

14.1  When you purchase a voucher from Healthcart you acknowledge and agree that you purchased the voucher from a participating merchant (hereinafter called and referred to as ‘Merchant’) through Healthcart.

14.2  A voucher so obtained is redeemable for goods or services with the Merchant.

14.3  The Merchant is solely responsible for providing you with goods and services on any voucher you purchase through Healthcart.

14.4  When you purchase a voucher from a Merchant through Healthcart you acknowledge and agree that your purchase of Merchant voucher is subject to the following terms and conditions;

  • Merchant voucher shall only be applied to merchandise sold by the relevant Merchant, and shall not be applicable to shipping or handling charges, unless otherwise expressly provided for.
  • A voucher is valid for redemption one time unless otherwise expressly provided for by the Merchant.
  • The issuing of credit is at the sole discretion of the Merchant.
  • Neither healthcart nor the Merchant is responsible for lost or stolen vouchers or voucher reference numbers.
  • A voucher cannot be combined with any other third party certificates, coupons, or promotions, unless otherwise expressly provided for by the Merchant.
  • Reproduction, sale or trade of a voucher is prohibited.
  • Any attempted redemption not consistent with these terms and conditions will render the voucher null and void.

15. Additional Terms of Sale by the Online Payment Gateway Provider

 

15.1  Each Merchant agrees to maintain a maximum transaction limit of Rs. 100,000.00.

                 

15.2  The Merchant agrees to deliver goods ordered through the website, only to the shipping address mentioned by the user.

15.3  The Merchant will take measures in verifying the authenticity /genuineness of the user and the transaction prior to issuing goods.

 15.4  The Merchant agrees to refund/reverse all transactions, which they decided not to proceed with, back to the card account within 5 working days of that decision.

                 

  15.5  The Merchant agrees on following terms with regard to its Sales Staff and their operations;             

  • Sales Staff will not process transactions on behalf of customers;
  • Sales Staff will be trained and notified of requirements to be fulfilled on delivery of goods and they will be indemnified on terms laid by Merchant related to such activity/activities;
  • Sales Staff will immediately inform Merchant of any suspicious activity/activities in relation to a particular transaction(s) and subsequently Merchant will notify the bank of such activity/activities;
  • Sales Staff will obtain an acknowledgement from the customer/receiver of goods on each delivery. The acknowledgement should include a declaration by the customer/receiver of goods that he/she is aware of the sender of goods, personal information of both sender and receiver provided to Merchant are correct and the sender of goods is known to the customer at the receiving end; and
  • Sales Staff will not deliver goods to any arty concerned who is/are unable to provide reasonable information about the sender and who could not meet the requirement mentioned on above item.

15.6  The Merchant agrees to initiate legal actions as and when required for transactions confirmed fraudulent by Visa International, Master Card International or the credit card issuing bank of such a transaction.

15.7  Goods have to be delivered and the billing/delivery/shipping address should be taken prior to the payment.

15.8  Only the card holder can collect the goods from showroom/outlets after producing the credit card to the counter (Third parties are not allowed to collect the Coupons/Vouchers from showroom/outlets).

15.9  Only local deliveries are allowed.

16. Tenure, Amendments and Termination:

16.1  This User Agreement is effective unless and until terminated by either you or us.

16.2  Any such termination of the User Agreement shall not cancel your obligation to pay for any product/service already ordered from the Website or affect any liability that may have arisen under this User Agreement prior to such termination.

16.3  We retain the right to amend/edit/change/modify the Terms and Conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them.

16.4  We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination shall be without any liability to Healthcart.

16.5  Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.

16.6  Our right to any Comments shall survive any termination of this User Agreement.

 

17. Governing Law and Dispute Resolution:

17.1  Laws of Sri Lanka shall govern this User Agreement and any contractual obligation between you and us.

17.2  By using Healthcart, you acknowledge and agree that your use of Healthcart and any dispute arising out of or in relation to your use or any contractual obligation between you and us or breach of this User Agreement, is subject to the laws of Sri Lanka and shall be resolved according to the laws of Sri Lanka by a competent court in Sri Lanka.

18. Severability:

These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
 

Whom to contact in the event of any dispute or complaint or query:

 

For any dispute or complaint or query regarding this User Agreement or Terms and Conditions stated herein please contact;

Manish Giridhar -
Director

manish@healthcart.lk


m. 94777778804