Terms and conditions of use

Terms and Conditions

By using www.moby.lk (hereinafter called and referred to as "moby.lk" or the “Site”), you agree to these conditions. Please read them carefully.

If you do not wish to be bound by these Terms and Conditions, You may not access or use this Service. If You utilize the Service in a manner inconsistent with these Terms and Conditions, Moby (Pvt) Ltd (hereinafter called and referred to as "Moby" ) may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse. Moby may modify the Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms and Conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of moby.lk Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will either communicate with you by e-mail or post notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS AND COPYRIGHT

All content included in or made available through moby.lk, such as graphics, logos, page headers, button icons, scripts, and service names are registered or unregistered trademarks or trade names of Moby, its affiliates or its Partners in Sri Lanka and/or other countries. The "moby.lk" and the "Moby"  trademarks and/or trade names may only be associated with its products and services and may not be used in connection with any other products and/ or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits moby.lk or Moby. All other trademarks not owned by Moby or its Partners or its vendors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moby its vendors or its Partners.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Moby, its Partners or its vendors and such content is protected under the Intellectual Property Act of Sri Lanka No 36 of 2003.

LICENSE AND SITE ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, moby.lk or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of moby.lk services. You may print and download (page caching) or portions of material from the different areas of the Service solely for your own non-commercial use. This license does not include any resale or commercial use of any moby.lk Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any moby.lk Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Moby, or its licensors, suppliers, publishers, rights holders, or other content providers. No moby.lk Service, nor any part of any moby.lk Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Moby.lk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of moby.lk without express written consent. You may not use any Meta tags or any other "hidden text" utilizing moby.lk's name or trademarks without the express written consent of Moby. You may not misuse the moby.lk Services. You may use the moby.lk Services only as permitted by law. The licenses granted by Moby terminate if you do not comply with these Terms and Conditions of Use.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Furthermore, you are responsible for any and all activities that occur under your account or password. You authorize Moby to assume that any person using the Site with your password and user name either is you or is authorized to act for you. You agree to notify Moby immediately of any unauthorized use of your account or any other breach of security. Moby will not be liable for any loss that you may incur as a result of someone else using your password or account either with or without your knowledge. However, you could be held liable for losses incurred by Moby or another party due to someone else using your account or password. moby.lk does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under the age of 18, you may use moby.lk only with involvement of a parent or guardian. Moby and its Partners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

PRODUCT DESCRIPTIONS

Moby together with its Partners attempts to be as accurate as possible. However, Moby does not warrant that the product descriptions provided by the Vendors or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered through the Site itself is not described, and you are not satisfied with the purchase, your sole remedy is to return it in its unused condition to the Vendor concerned.

It would be the Vendor’s responsibility to ensure merchantability and fitness for a particular purpose of the products and services they offer through the Site.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content and communications, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address; impersonate any person or entity, or other content. Moby reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Moby  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Moby and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Moby for all claims resulting from content you supply. Moby has the right but not the obligation to monitor and edit or remove any activity or content. Moby takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Moby respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please report in the manner prescribed below.

RISK OF LOSS

All items purchased from moby.lk are made pursuant to a delivery contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRICING

The list price displayed for products on our website may or may not represent the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our Vendors, the list price may be decided by Moby and the Vendors at their discretion.

With respect to items sold through the Site, we cannot confirm the price of an item until you have ordered; however, we do NOT charge your credit card until after your order has entered the delivery process. Despite our best efforts, a small number of the items in our catalog may be incorrectly priced. If an item's actual price is higher than our stated price, we will, at our discretion, contact you for further instructions, before delivery or cancellation of your order and notify you of such cancellation.

Please note that this policy applies only to products sold and delivered through the Site. With regard to your purchases from third-party sellers using the Site the third party sellers may follow different policies in the event of an incorrectly priced item. Unless otherwise specified all prices shall be listed in Sri Lankan Rupees (LKR).

RETURN, REFUND, CANCELLATION POLICIES

All the products must be thoroughly inspected before accepting from the delivery. In such a case where it was found a damaged item or missing parts, it must be immediately informed to the delivery person and deny accepting the product. Moby.LK will assume the product was in good condition if it was accepted from the delivery and returns or refunds requests shall not be accepted. However, order cancellation requests may be considered depending on the situation (i.e. due to an error in the Moby.lk website) if the product was not delivered at the time.

OTHER BUSINESSES

Parties other than Moby, their Partners and Vendors may operate stores, provide services, or sell product lines on this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Moby does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this Site are provided by Moby or its Partners on an "as is" and "as available" basis, unless otherwise specified in writing. Moby and its Partners make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, Moby and its Partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Moby and its Partners do not warrant that this Site; information, content, materials, products (including software) or services included on or otherwise made available to you through this Site; their servers; or e-mail sent from the Site are free of viruses, or other harmful components. Moby and its Partners will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

APPLICABLE LAW

The Site and the Terms and Conditions herein contained shall be governed and construed in accordance with the laws of Sri Lanka. By accessing the Site, you agree that the laws of Sri Lanka will govern all matters relating to the Site without giving effect to any principles of conflict of laws.

DISPUTES

You agree that any legal action, dispute or proceeding between Moby and you for any purpose concerning the Terms and Conditions or in relation to your visit to the Site or the products you purchase through the Site or the parties’ obligation hereunder shall be governed by the Arbitration Act No 11 of 1995 in Sri Lanka. Any cause of action or claim you may have with respect to the Services must be commenced within one (01) year after the claim or cause of action arises or such claim or cause of action is barred.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review all other policies, such as our privacy policy posted on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and to the Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

CONFLICT OF TERMS

If there is a conflict or contradiction between the terms and conditions in moby.lk and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module in moby.lk shall prevail in respect of your use of the relevant section or module of the website.

OUR ADDRESS

You can contact us at the following address for any further queries or any difficulty you may have with the Site.

Moby (Pvt) Limited,

Harankahapitiya Watta,

Walala, Menikhinna

Kandy, Sri Lanka

Web:                                     www.moby.lk

Email:                                    info@moby.lk

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Moby's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Moby that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Moby's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:

Email:                                    info@moby.lk