Privacy policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.spar.lk (the “Site”).

OVERVIEW
This website is operated by SPAR S L (PRIVATE) LIMITED a Company duly   incorporated   in   the said Republic of Sri Lanka under the Laws of the said Republic (Company Registration No. PV 116851) and having its Registered Office at 1112, Thalangama South, Battaramulla (hereinafter referred to as “SPAR Sri Lanka” which term or expression as herein used shall where the context so requires or admits mean and include the said  SPAR S L (PRIVATE) LIMITED its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors. Throughout the site, the terms “we”, “us” and “our” refer to SPAR Sri Lanka and it offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices herein stated.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These terms and conditions do not affect your statutory rights. 

Our store is hosted on Shopify Inc, a Canadian multinational eCommerce Company. They provide us with the online e-commerce platform with online stores facility and retail point-of-sale system that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are over eighteen years of age and you have deemed to have given us your consent to allow any of your minor dependents to use this site.
Any contract entered into under this online platform shall be valid, binding and enforceable against you in accordance with the Electronic Transactions Act No 19 of 2006 as amended

For the avoidance of doubt it is hereby agreed by the parties that any goods or services offered through the SPAR Sri Lanka website shall be considered as an invitation to make an offer in accordance with the said Act.

You may not use our products for any illegal or unauthorized purpose and/or you may not use of the Service, in violation of any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

  • Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
  • We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You must ensure that the details provided by you on on this site at any time are correct and complete. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

  • The site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the site. You agree that we are not responsible for the availability of, and content provided on third-party websites.
  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices regarding privacy and other topics before you use them and make sure you understand them before you engage in any transaction. However, if you choose to purchase any products or services from a third party, your relationship is conducted directly with the third party. You agree that we are not responsible for:

    (A) the quality of any third party products or services; and 
    (B) fulfilling any of the terms of your agreement with a seller associted with a third party service provider, including the delivery of products or services and warranty obligations related to purchased products or services from a third party.

You agree that we are not responsible for any loss or damage of any sort you may incur from dealing with any third party and all complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - ADVERTISING AND SPONSORSHIP

Part of this site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

  1. to maintain any comments in confidence;
  2. to pay compensation for any comments; or 
  3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You further agree not to transmit material that encourage conduct that constitutes criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 – INTELLECTUAL PROPERTY RIGHTS OF SPAR SRI LANKA

The content of the site is protected by copyright, trademarks, and other intellectual property rights of SPAR Sri Lanka. You may retrieve and display the contents of the site on a computer, store such content in electronic form and print one copy of such content for your own personal and non-commercial use, without damaging or erasing all and any intellectual rights notices and shall not use such contents in any storage device connected to a third party network. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the site without our prior written permission. 

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy and applicable Laws [including PERSONAL DATA PROTECTION ACT, No. 9 OF 2022]. Kindly click on the below link for our privacy policies 

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You shall not access, download, use or export the site, or the content, software, products or services provided on the site in violation of any other applicable laws or regulations. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 15 - INTERNATIONAL USE

SPAR Sri Lanka makes no promise that materials on the site are appropriate or available for use in locations outside Sri Lanka, and accessing the site from territories where its contents may be illegal or unlawful or prohibited. If you choose to access the site from locations outside Sri Lanka, you do so on your own initiative and you are responsible for compliance with local laws applicable to such locations.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a)This site is provided by us without any warranties or guarantees what so ever. You will agree and shall bear the risks associated with the use of the internet. The site provides content from other internet sites or resources as stipulated in SECTION 8 hereof and while we shall endevour to ensure that all material included on the site is correct, reputable and of high quality, SPAR Sri Lanka shall not accept responsibility if it is incognizant or heedless of the above. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the site. If we are informed of any inaccuracies in the material on the site we will attempt to correct the inaccuracies as soon as we reasonably can. 

b)In addition, we disclaim all liabilities in connection with the following: 

  • Incompatibility of the site with any of your equipment, software or telecommunications links.
  • Technical problems including errors or interruptions of the site Unsuitability, unreliability or inaccuracy of the site Inadequacy of the site to meet your requirements
  • Your access to the site may be occasionally restricted without any prior notice or warning to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Your access to the site may be monitored by us or our nominees.
  • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall SPAR Sri Lanka, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

Our acceptance of an order placed by you takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order. 

SECTION 17 - INDEMNIFICATION

You will indemnify defend and hold harmless SPAR Sri Lanka and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against all losses, liabilities, costs and expenses reasonably suffered or incurred by us including reasonable Attorneys’ fees, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with: any claim by any third party that the use of the site by you and comments posted by you are defamatory, libelous, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of the site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and you will further indemnify SPAR Sri Lanka against all and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the site by you. 

SECTION 18 - SEVERABILITY

If any provision of these Terms of Services is found to be invalid, unlawful, void or unenforceable by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Services, which shall remain in full force and effect and the unenforceable portion shall be deemed to be severed from these Terms of Service.

SECTION 19 – MISCELLANEOUS

You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Services. We shall not be liable for any delay or failure to perform obligations under these Terms of Services or any transaction arising therefrom due to causes beyond our reasonable control and without fault or negligence on our part, including but not limited to Force Majeure situations such as earthquake, fire, explosion, storm, flood, or other adverse weather conditions, war, riots, civil disorder, terrorism, strikes, pandemic, other actions industrial or otherwise, confiscation, curfew, lockdowns,  etc or other action by government agencies

SECTION 20 - TERMINATION

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
  • These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 - ENTIRE AGREEMENT

  • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
  • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sri Lanka.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change revise or replace any part of these Terms of Service without notifying you by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sparsrilankaonline@gmail.com