PropertyPost.lk Mall Terms of Use

Welcome to www.propertypost.lk (“Site”). This site is owned and operated by Marha Online (Pvt) Ltd., a company that is registered in Sri Lanka, with it’s office located in Dehiwala at 32A Bhathiya Mw., in Sri Lanka (“we”, “our” or “us”).

These Terms of Use, and additional terms and policies (if/as applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, applications and services including our website, website application, mobile application, smart watch application, and other current or future applications (collectively, the “Services”). All policies and additional terms can be found here: www.propertypost.lk/legal/ (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.

By registering, accessing, and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. Your continued use of the Site following any change constitutes your agreement to these Terms of Use and Legal Documents as so modified.

Any reference in these Terms of Use to “you” (or similar references) are references to you as a legal entity or an individual as/however the case may be.

About our Site

This Site is an e-commerce platform that facilitates/allows enterprise users and/or individuals to offer and sell products, and individuals and/or enterprise entities to buy products.

We reserve all rights to introduce new Services and/or update and/or withdraw any of the Services, at our sole discretion, and we will not be liable to you for exercising this discretion.

Section 1: Requirements for Eligibility and Registration

1.1. If you meet the following eligibility criteria, you are eligible to register as a buyer or seller or trade specialist:

  1. for buyers

    1. you are legally able to form contracts in your country of residence; and

    2. you are above the legal age for purchasing of products or services in your country of residence; and

    3. you are able to provide an address in Sri Lanka for delivery of products.

  2. for sellers

    1. you are legally able to form contracts in your country of residence; and

    2. you are a legally eligible to sell in your country of residence; and

    3. you provide identification for the authorised person; and

    4. you can provide supporting bank details; and

    5. you acknowledge and you agree that for certain categories of products or services, additional requirements might be applicable; and

    6. for sellers who also use the Site’s trade specialist features, no employee of you (the seller) can be identified as a trade specialist on our Site rather the trade specialist will be identified as the seller.

  3. for trade specialists

    1. you are legally able to form contracts in your country of residence; and

    2. you can provide identification; and

    3. you can provide supporting bank details; and

    4. you are not a trade specialist and a current employee of a seller at the same time; and

    5. you cannot and/or will not be a trade specialist if you had been an employee of a seller previously, until 2 years after your employment contract with the seller have passed.

1.2. To register to the Site, you will need to provide us with certain information. If you do not provide us with the required information, your registration to the Site may/will not be accepted. We reserve all right to decline/cancel any registration without further explanation. We reserve all right as/if necessary to undertake checks to verify your identity.

1.3. Once you have completed registration successfully, your registration shall continue for a period that is indefinite, subject to suspension or termination in accordance with clause 6 of these Terms of Use.

Section 2: Your obligations

2.1. When accessing and/or using the Services, you agree that you:

  1. are responsible for maintaining the confidentiality of, and restricting access to, and use of your password and account, and accept responsibility for all activities that occur under your account and password;

  2. agree to notify us immediately of any unauthorised use of your account or password or any other breach of security;

  3. will provide accurate, true, complete, and current information about yourself and your use of the Services as required by us;

  4. do not, and will not disclose to any third party (except as officially requested or required by us) a user’s information provided to you; and

  5. will coorperate with our requests for any additional information with respect to your usage and eligibility of our Services.

2.2. When accessing or using the Service, you agree that you will not and shall not:

  1. list, upload, or post in any manner any information which is blasphemous, defamatory, libellous, obscene, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

  2. list, upload, or post content or items in inappropriate areas or categories on our Site, including but not only:

    1. items or content that may be considered culturally or religiously offensive in any way;

    2. items or content which may not be considered to be in compliance general local law, Islamic law, rules, morals, values, ethics and traditions;

    3. items or content that may threaten the national security;

    4. items or content which may be considered or may constitute to promote gambling;

    5. securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;

    6. dead or living creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;

    7. weapons of any description;

    8. liquor, tobacco products, narcotics, drugs, psychotropic substances, intoxicants of any description, and medicines;

    9. items that to your knowledge are fake, false, misleading, defective, damaged or that may through normal use harm another Site user’s health or interest;

    10. non-transferable vouchers; and

    11. chemicals.

  3. post items that you do not have any right to include or link to;

  4. post stolen or counterfeit items;

  5. breach or circumvent any laws, third party rights or our policies, systems, or determinations of the status of your account;

  6. use our Services if you no longer able to form legally binding contracts or fulfill the eligibility criteria or are temporarily or indefinitely suspended from using our Services;

  7. fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;

  8. fail to deliver items sold by you (as/if applicable), unless you have a valid reason as and how is described in any of our policies;

  9. use contact information provided to you during the course of a transaction on the Site in order to solicit additional sales offline or on another website;

  10. manipulate the price of any item;

  11. interfere with any other user’s listings;

  12. take any action that may undermine the Site’s ratings and/or feedback systems;

  13. post inaccurate, deceptive, false, misleading, defamatory or similar content;

  14. transfer your account to another party without our prior written consent;

  15. post or distribute spam, bulk or unsolicited electronic communications or similar;

  16. distribute viruses, malware or any other technologies that may harm and/or interfere with our Services or the interests or property of other users in any shape or form;

  17. infringe:

    1. the trademark, patent, copyright, publicity, database, moral, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to us;

    2. any Intellectual Property Rights that belong to third parties; or

    3. any Intellectual Property Rights that belong to our users.

  18. circumvent any measures, technical or otherwise that we use to provide the Services; or

  19. scrape, harvest, or otherwise collect information about users without their consent.

Section 3: Intellectual Property Rights

3.1. Except for the rights expressly granted under these Terms of Use:

  1. all content included on the Site, including but not limited to text, graphics, logos, audio clips, images, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may however be) retain all title, interest and right in and to the Site and the Services, including without limitation, all Intellectual Property Rights therein; and

  2. all title, interest and rights, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.

3.2. You agree that you have absolutely no right to use any of our trademarks without our prior written consent.

3.3. All rights not expressly granted to you in these Terms of use are reserved and retained by us or our licensors.

Section 4: Warranties, Undertakings & Representations

4.1. You warrant, undertake and represent that:

  1. you shall and will fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without any limitation, all privacy laws and content regulation;

  2. you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:

    1. any applicable laws, regulations, rules or governmental guidelines to which you are subject to; or

    2. any other applicable agreements to which you are bound by or otherwise a party to;

  3. if you make, create, open and/or use an account on behalf of a business entity, you represent that you are authorised to act on behalf of such a business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;

  4. you own or have the authority to grant the rights and licenses granted to us by you under these Terms of Use; and

  5. any content (including and not limited to text, audios, videos, images) you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including and not limited to, any Intellectual Property Rights (whether registered or not).

4.2. Subject to clause 5.1., the Services are provided to you on an “as is” basis without representations, conditions or warranties of any kind or type. We disclaim all warranties, representations, and conditions of any kind whatsoever, whether express, implied or collateral, including and without limitation, all representations, conditions or warranties of merchantability, of non-infringement, of fitness for any particular or general purpose, of compatibility or that the Services are secure or error free or will operate without any interruption or will be provided in a timely or proper manner or at all.

4.3. Furthermore, while we attempt to be as accurate as possible, we do not, and shall not warrant that product descriptions, colours, or any other content of any Service is accurate, complete, current, error-free, or reliable. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will/shall not attempt to and/or hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy and you will/shall not attempt to hold our catalogue and/or content providers or us responsible for inaccuracies in any shape or form.

Section 5: Indemnities & Liability

5.1. Nothing in these Terms of Use shall limit or exclude a party’s liability:

  1. for fraud, including fraudulent misrepresentation, perpetrated by that party;

  2. for death or personal injury caused by negligence of that party; or

  3. for any other liability that cannot be limited or excluded under any applicable law.