Ensolanka Terms of Service
“ensolanka.com” is owned and operated by Ensolanka Holdings Holdings (Private) Limited (hereinafter referred to as ENSOLANKA), a limited Liability Company incorporated under Sri Lanka Companies Act No 7 of 2007 with its registered office at No. 454 C, Behind the Nasarath, Wennappuwa. 61170, Sri Lanka. This document governs your relationship with Ensolanka Holdings (Private) Limited (Reg No. P V 00257795). Access to and use of this website and the products and services available through this website are subject to the following terms, conditions, and notices. By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time.
Terms & Conditions for SELLERS/VENDORS
INTRODUCTION
ENSOLANKA is mainly a business solution company that providing the solutions, services and products to facilitate business startups to transform into profitable business empires via ensolanka.com online marketplace (otherwise branded as Ensolanka Super Solution Center) with a platform that enables Customers and Sellers to transact online.
The Seller is opened to sell their products on the online marketplace platform with no limits for the customer base on ENSOLANKA. ENSOLANKA offers multiple services to facilitate sales via its online platform.
The service provided by ENSOLANKA is limited to referring customers to the Seller and accepting orders and payments on their behalf as well as supporting, but not limited to, a range of logistics and marketing services, to be requested and purchased by the Seller. This support is covered within the agreed level of commission and any additional service fees.
ACCESS TO PLATFORM AND SELLER CENTER
The Seller is responsible for maintaining up-to-date information such as stock availabilities and price increases of their business on Seller Store, but not limited to, address and bank account number. ENSOLANKA is not responsible for any incorrect information provided by the Seller. It's the seller's responsibility to make sure that the seller's information is correct up to time/date.
The Seller is strongly responsible for the safety and security of their password and should not disclose account passwords to any third parties. The Seller is responsible for any use of or action is taken under the password. ENSOLANKA is not responsible for the seller's account security such as password leaks from the seller's side.
Every message sent to the Seller through his registered email in the Seller Store account or via Seller Store which did not receive an answer or written objection within 48 hours will be worth agreement between ENSOLANKA and the Seller.
The Seller should complete a training module to be ready for operating on the online platform or the seller should take the guidance from the seller onboarding crew of ENSOLANKA.
FEATURING PRODUCTS ON THE PLATFORM
Where a Customer places an order, it shall be deemed to be an acceptance of the Seller's offer to sell the Product and the binding contract should come into force between the Customer and the Seller. Terms of the contract are offered by the Seller and are agreed to by the Customer and have no relation with ENSOLANKA.
Any Product(s) featured on the Platform maybe delisted by ENSOLANKA if the sale of that Product would contravene any law or the Seller breaches any of its obligations under this agreement and in such case, the Seller shall be notified immediately. Otherwise, the seller account will be suspended/hold by the ENSOLANKA.
The seller must provide ENSOLANKA with the Required Product Information in the prescribed format. This information must be true and in line with the actual physical Product. The Seller will be responsible for listing their products as they want.
ENSOLANKA reserves the right to use, reproduce, modify, adapt, publish, translate, create and distribute any content that the seller provides.
ENSOLANKA will not be responsible for and, mediate any disputes or resolve between the Seller and a Customer.
PAYMENTS
When Seller sent their goods using courier service to our customer, we can find out through their tracking numbers. Once the order confirmation is received, ENSOLANKA may send the seller's money.
ENSOLANKA has given 48 hours to customers to confirm, complain, question, or inquire about his/her received product.
After that, we proceed with Sellers payments according to the below-mentioned steps
If every month, product delivery date and 48 hours of customer confirmation is within 1st to 10th of that month- We release payment on day 15.
If every month, product delivery date and 48 hours of customer confirmation is within 11th to 20th of that month- We release payment on day 25th.
If every month, product delivery date and 48 hours of customer confirmation is within 21st to 30th or 31st of that month- We release payment on day 5th of next month.
If a customer complains about products, ENSOLANKA may hold the seller's payments and inquire with both parties. If the Seller is cannot be handed the ordered item(s), we refund money to the customer(s).
ENSOLANKA will ensure payment statements are available on the Seller Store with all the relevant payment information.
In case a
payment has been issued by ENSOLANKA to the Seller for a delivered item that is
later returned to ENSOLANKA by the customer, ENSOLANKA will deduct the
equivalent amount in the next cycle and return the product to the Seller.
OBLIGATIONS
ENSOLANKA may forward all the questions or complaints received by the Customer Service department/the Seller department regarding any sold Product(s) to the Seller. The Seller should be responsible to ENSOLANKA on all such questions or complaints within 48 hours of the questions or complaints cycle. The responses that come from the seller's side will be forwarded to the particular customer throughout ENSOLANKA.
If the seller
fails to respond within 48 hours, ENSOLANKA may proceed to the customer's
requirements first.
CANCELLATIONS & RETURNS/REFUNDS
The Seller agrees that a Customer may cancel an order for any Product in any category before it has been shipped to the customer.
The Seller authorizes ENSOLANKA to provide the Customer with a refund where the Customer has pre-paid for the Product and he/she cancels the order before it has been shipped or the Product is rejected and/or the Product is returned.
In case of a
return, ENSOLANKA may, at its discretion, bill the Seller for the cost of
shipping the Product from the customer to ENSOLANKA or the seller.
Unless stated otherwise in the Return Policy concerning any particular category of Products, the Seller will accept returns of Products as followings,
Incorrect Product
Incomplete Product
The Customer
changes his/her mind or no longer needs the product
The product
includes the original tags, user manual, warranty cards, freebies, and
accessories.
The product is
returned in the original and undamaged manufacturer packaging/box.
COMMISSION
Seller commissions are calculated as a percentage of the sales price and will be withdrawn to the specific bank account that the seller had provided.
ENSOLANKA
reserves the right to adjust the percentage of the commission calculation
defined in the commission schedule and will notify the seller in advance.
Terms & Conditions for CUSTOMERS/CLIENTS
INTRODUCTION
These terms and conditions shall govern your use of our website.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
Our website
uses cookies; by using our website or agreeing to these terms and conditions,
you consent to our use of cookies in accordance with the terms of our privacy
policy.
COPYRIGHTS
Copyright (c) 2021, Ensolanka Holdings (Private) Limited.
Subject to the express provisions of these terms and conditions:
we, together with
our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
All the copyright
and other intellectual property rights in our website and the material on our
website are reserved.
LICENSE TO THE PLATFORM
You may:
view pages from
our website in a web browser.
download pages
from our website for caching in a web browser.
print pages from
our website.
use our website
services utilizing a web browser.
subject to the other provisions of these terms and conditions.
Except as the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material
from our website (including republication on another website).
sell, rent, or
sub-license material from our website.
show any material from our website in public.
exploit material
from our website for a commercial purpose; or
redistribute material from our website.
We reserve
the right to restrict access to areas of our website, or indeed our whole
website, at our discretion; you must not circumvent or bypass, or attempt to
circumvent or bypass, any access restriction measures on our website.
ACCEPTABLE USE
You may not,
use our website in
any way or take any action that causes or may cause, damage to the website or
impairment of the performance, availability, or accessibility of the website.
use our website in
any unlawful way, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
use our website to
copy, store, host, transmit, send, use, publish or distribute any material
which consists of (or is linked to) any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit, or other malicious computer software.
conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or
about our website without our express written consent.
access or
otherwise interact with our website using any robot, spider, or other automated
means.
violate the
directives set out in the robots.txt file for our website, or
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
You must not
use data collected from our website to contact individuals, companies, or other
persons or entities.
You must
ensure that all the information you supply to us through our website, or about
our website, is true, accurate, current, complete, and non-misleading.
REGISTRATION
& ACCOUNTS
To be eligible for an individual account on our website under this section, you must be at least 18 years of age.
You may register for an account with our website by completing and submitting the enrolment form provided by the company and entering the verification code in the email that the website will send to you.
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any unauthorized use of your account.
You must not
use any other person's account to access the website [unless you have that
person's express permission to do so].
USER DATA
If you register for an account with our website, we will provide you with a user ID and password.
Your user ID must not be liable to mislead and must comply with the content rules set out in section CONTENT RULES; you must not use your account or user ID for or in connection with the impersonation of any person.
You must keep your password confidential.
You are given the facility to reset your password on any occasion using the 'Forgot Password' link in the login of the website and using the link in the email that the website will send to you.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are
responsible for any activity on our website arising out of any failure to keep
your password confidential and may be held liable for any losses arising out of
such a failure.
CANCELLATIONS
& SUSPENSIONS OF ACCOUNTS
We may:
suspend your account.
cancel your
account; and/or
edit your account
details.
at any time in our sole discretion without notice or explanation.
We may
suspend your account as per the above part due to failing of fulfilling the
requirement given by the company, cancel your account due to breaching of terms
and conditions and company policy.
CONTENT
LICENSE
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media / reproduce store and publish your content on and concerning this website and any successor website / reproduce, store and, with your specific consent, publish your content on and about this website.
You grant us the right to sub-license the rights licensed under the above point.
You grant us the right to bring an action for infringement of the rights licensed.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without
prejudice to our other rights under these terms and conditions, if you breach
any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
CONTENT RULES
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us following these terms and conditions, must not:
be libelous or
maliciously false.
be obscene or
indecent.
infringe any
copyright, moral right, database right, trademark right, design right, right in
passing off, or other intellectual property right.
infringe any right
of confidence, right of privacy or right under data protection legislation.
constitute
negligent advice or contain any negligent statement;
constitute an
incitement to commit a crime, instructions for the commission of a crime or the
promotion of criminal activity.
be in contempt of
any court, or breach of any court order;
be in breach of
racial or religious hatred or discrimination legislation.
be blasphemous.
be in breach of
official secrets legislation.
be in breach of
any contractual obligation owed to any person.
depict violence in
an explicit, graphic or gratuitous manner.
be pornographic,
lewd, suggestive, or sexually explicit.
be untrue, false,
inaccurate, or misleading.
consist of or
contain any instructions, advice or other information which may be acted upon
and could, if acted upon, cause illness, injury or death, or any other loss or
damage.
constitute spam.
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or cause annoyance, inconvenience, or needless anxiety to any person.
WARRANTY
We do not warrant or represent:
the completeness
or accuracy of the information published on our website;
that the material
on the website is up to date; or
that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the
maximum extent permitted by applicable law and subject to this section’s 1st
point, we exclude all representations and warranties relating to the subject
matter of these terms and conditions, our website, and the use of our website.
LIMITATIONS
AND LIABILITY
Nothing in a contract under these terms and conditions will:
limit or exclude
any liability for death or personal injury resulting from negligence;
limit or exclude
any liability for fraud or fraudulent misrepresentation.
limit any
liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in the section about WARRANTY and elsewhere in a contract under these terms and conditions:
are subject to
section WARRANTY, and
govern all
liabilities arising under that contract or relating to the subject matter of
that contract, including liabilities arising in contract, in tort (including
negligence), and for breach of statutory duty, except to the extent expressly
provided otherwise in that contract.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database, or software.
We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
You accept
that we have an interest in limiting the personal liability of our officers and
employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the website or these terms and conditions (this will
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
BREACHES OF TERMS & CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
send you one or
more formal warnings;
temporarily
suspend your access to our website;
permanently
prohibit you from accessing our website;
block computers
using your IP address from accessing our website;
contact any or all
of your internet service providers and request that they block your access to
our website;
commence legal
action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our website.
Where we
suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account).
VARIATIONS
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
If you have
given your express agreement to these terms and conditions, we will ask for
your express agreement to any revision of these terms and conditions; and if
you do not give your express agreement to the revised terms and conditions
within such period as we may specify, we will disable or delete your account on
the website, and you must stop using the website.
ASSIGNMENT
You hereby
agree that we may assign, transfer, sub-contract or otherwise deal with our
rights and/or obligations under these terms and conditions.
You may not
without our prior written consent assign, transfer, sub-contract, or otherwise
deal with any of your rights and/or obligations under these terms and
conditions.
SEVERABILITY
If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any
unlawful and/or unenforceable provision of a contract under these terms and conditions
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the provision will continue in effect.
THIRD-PARTY RIGHTS
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
The exercise
of the parties rights under a contract under these terms and conditions is not
subject to the consent of any third party.
AGREEMENT
Subject to
the section WARRANTY, these terms and conditions, together with our privacy
policy], shall constitute the entire agreement between you and us about your
use of our website and shall supersede all previous agreements between you and
us about your use of our website.
LAW AND JURISDICTION
A contract under these terms and conditions shall be governed by and construed by the law of Sri Lanka
Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive/non-exclusive jurisdiction of the courts of Sri Lanka.
You can
contact us by writing to the business at the address is given above, by using
our website contact form, by email to info@ensolanka.com