“agc.lk” means the website owned and managed by Asian Group of Companies (Pvt) Ltd (AGC)
Use of content:
- The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites (“the Services”).
- You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.
- You agree that the Sites and the Services are for your own personal use only on a single computer or device.
You may not:
- Remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions.
- Reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law) with the exception of the source code provided on the site.
- Copy or use any material from the Sites and/or the Services for any commercial purpose.
- Remove, obscure or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.
- You may establish a link or “deep link” to the Sites from your site, provided that you have obtained AGC’s prior written consent and that at AGC’s sole discretion, the context is relevant and the link or its description is not detrimental to AGC.
- Users that are not subscribers to the AGC Network acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of AGC in the interest of fully subscribed customers of the AGC Network.
- Some areas of the sites or services may not be accessible for you even you are a subscribed customer of AGC.
- You warrant that you will only use the Sites and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorise or permit any other party to)
- Receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
- Circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading AGC’s legitimate web pages (referred to as “page-jacking”) or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability and AGC will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
- Knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by AGC or other Internet users;
- Hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy AGC’s reputation or the reputation of any third party.
- If any information provided by you is untrue, inaccurate, not current or incomplete, AGC has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.
- All Trade Marks used on the Sites and/or the Services are the trademarks of AGC or one of AGC’s affiliates or partnered companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trademarks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of AGC or the Trade Marks.
- You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by AGC, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
- You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of AGC, any member of the AGC partnerships or any third party, whether by estoppel, implication or otherwise.
- AGC assumes no responsibility for the violation of any third party copyrights, trademarks, service marks, patents, or other proprietary rights and laws by the third party web sites which are linked to this Site.
- You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.
Liability for content:
- It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
- The Sites and the Services are provided on an “as is” basis. Although every effort has been made to provide accurate information on these pages, neither AGC, nor any of its employees, nor any member of the AGC’s affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
- In the event of an error or mistake whether technical or human, AGC reserves the right to cancel any order placed by the customer at any time at its sole discretion and refund the payment back to the customer
- You acknowledge that AGC is unable to exercise control over the security or subject matter of Content passing over the AGC Website or via the Services and AGC hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.
Liability for third party content:
- The Sites may contain links to web sites, web pages, products and services also operated or partnered by AGC and you agree that your use of each web site, web page and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services. These Terms and Conditions shall be deemed as incorporated into each set of terms and conditions. In the event that there is any conflict, the terms and conditions contained within the relevant website or web page or attached to the relevant products or services shall prevail over these Terms and Conditions.
- AGC assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that is included in the Sites and the Services or which may be linked to and from the Sites. The Sites and/or the Services may be used by you to link into other websites, resources and/or networks worldwide. AGC accepts no responsibility for the Content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.
Exclusion of liability:
- AGC shall use its reasonable endeavours to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications networks, user congestion of the AGC Website or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
- Neither AGC nor any member of the AGC shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, AGC specifically excludes all liability whatsoever in respect of any loss arising as a result of:
a) use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions;
b) and defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.
- All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
- Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
- AGC makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.
- AGC reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and / or the Services or access to part or all of them at any time.
- AGC reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective immediately after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
- You hereby agree to fully indemnify and to hold AGC harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to AGC by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by AGC in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
- You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against AGC arising from the above claims and shall provide AGC with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
Monitoring / Recording of Communications:
- Monitoring or recording of your calls, emails, text messages or other communications may take place when required in accordance with the law, and in particular for AGC’s business purposes, such as for quality control and training, to prevent unauthorised use of AGC’s telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.
- AGC may elect to suspend, vary or terminate the Services and the Sites at any time without prior notice for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.
- AGC may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, delayed or non-payment of sums due to AGC or if AGC ceases to offer the Sites and the Services to its customers for any reason whatsoever.
- Governing Law and Jurisdiction – These Terms and Conditions are governed by and construed in accordance with the law of Sri Lanka and you hereby submit to the exclusive jurisdiction of the Sri Lankan courts.
- 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.
- Waiver – AGC’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AGC in writing.
- Representations – You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
- Assignment – You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by AGC forthwith. AGC may assign these Terms and Conditions in whole or in part to any third party at its discretion.
- Force Majeure – AGC 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 AGC is not responsible.
- “Access Information” means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password and your mobile phone number.
- “Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics.
- “Functionalities” means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines and e-commerce facilitators;
- “Services” means the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites.
- “Terms and Conditions” means the contract between AGC and you incorporating these terms and conditions;
- “Trade Marks” means the word or mark “AGC”, however represented, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
- “AGC” means Asian Group of Companies (Pvt) Ltd, whose registered office is at 55, Maha Vidyalaya Mawatha, Colombo 13, Sri Lanka and may also be referred to as “AGC”, “we” or “us” in these Terms and Conditions.
Unavailability of Product
Inventory of all products advertised on agc.lk may not be available (run out of stock) from time to time due to several reasons. In the event of a stock unavailability, AGC will inform the customer within 3 working days and the payment can be refunded within 10 working days.
Customer acknowledges and agrees that the only remedy available for unavailability of product is the refund of the money paid.
AGC attempts to be as accurate as possible. However, AGC does not warrant that product descriptions or other content of any product/ service is accurate, complete, reliable, current, or error-free. If a product/ service offered by AGC is not as described, you may immediately contact our customer service at [email protected] or call us on 0117-400 222 and AGC at its discretion shall provide you with a replacement/alternative product for same value or provide you with a refund. The product should be in its original condition and notified to us within 7 working days from the date of delivery.