USER TERMS AND CONDITIONS 

Please read this agreement carefully. It sets out the terms under which we agree to make available any of our websites and apps, including e-editions (“the Site”), however you access it, to you.

By using the Site, you confirm that you accept the terms of this agreement and that you agree to comply with them. If you do not agree to this agreement, you must not use the Site.

The publisher of the Site (referred to in this agreement as “we” or “us”) is funerals.lk which asserts copyright in the Site.

To contact us, please see the contact us page on this site.

We offer access to many features of the Site free of charge but due to the nature of the Internet, we do not promise full and error free operation of the Site at all times.

THERE ARE OTHER DOCUMENTS THAT ARE RELEVANT TO YOU

This agreement refers to the following additional terms, which also apply to your use of the Site: Our Privacy Policy and our Company Policies & SLAs (Follow the links to review or refer policies at the bottom of the page)

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. These terms were most recently updated on 29th April 2021.

YOUR USE OF THE SITE & YOUR RESPONSIBILITIES

The Site is for personal and non-commercial use only. You may download and print portions of the Site for your personal, non-commercial use only.
Any other use of materials on the Site, including any user generated content (including without limitation reproduction for a purpose (other than that noted above) and any modification, distribution or republication) without our prior written permission is strictly prohibited.
You agree not to frame the Site for any purpose, unless specifically authorised by us to do so.

You agree that you will not use the Site to submit, or knowingly or recklessly receive, any material including without limitation, comments and reviews that:
are in any way, obscene, threatening, abusive, offensive, defamatory, invasive of another’s privacy, in breach of confidence, embarrassing to any person, likely to deceive, inaccurate, misleading, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable; are in breach of any third party’s intellectual property rights (including copyright) or other rights; constitute or encourage conduct that would be considered a criminal offence or otherwise contrary to any law, regulation or code of practice or give rise to civil liability or infringe the rights of any third party anywhere in the world; are, or could be, technically harmful; are, or may be deemed to be, advertising or promotional materials including “spam” email; makes excessive demands for bandwidth; or contains any virus or other malicious program or which may otherwise impair or harm our computer systems or any third party computer system.

You agree not to impersonate any person or entity or misrepresent any affiliation with any person or entity when creating an account on the Site or submitting any content to the Site.

You also agree not to attack the Site or access or attempt to access the accounts of other users or gain a greater level of access to the Site than authorised.

OUR MONITORING OF THE SITE

You acknowledge that we have no obligation to monitor any user generated content on the site but that it is in our sole discretion that we have the right to delete any content that we deem inappropriate, at any time. Notwithstanding this, you are solely responsible for and bear the legal risk associated anywhere in the world in relation to any such content you may post.

In the event that you are in breach of the terms of this agreement, we will have the right to terminate any account that you have with the Site and you may not open another account on it or otherwise continue to use the Site.

We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring it to disclose the identity or location of or any other information in relation to anyone who has submitted content to the Site in breach or allegedly in breach of this agreement or the law. In appropriate circumstances, we may also disclose such information to the police, your Internet service provider and any third party to whom we may make a disclosure in good faith.

You acknowledge that submitting content to the Site does not guarantee that it will appear on the Site. You cannot edit or remove content once you have submitted it to the Site. However, if you would like to make a complaint about specific user generated content on the Site, please see the contact us page on this site or email us at [email protected]

RIGHTS YOU ARE GIVING US IN CONTENT YOU UPLOAD

If you post or upload content to the Site, you grant us a perpetual, royalty free, irrevocable, non-exclusive right and licence to use, reproduce, publish, communicate to the public, translate, create derivative works from and distribute such content into any form, medium or technology now known or hereafter developed. In addition, you waive any and all moral rights in such content.

THE RIGHTS YOU GIVE US WHEN APPOINTING US AS YOUR DONATIONS COLLECTIONS AGENT

When you appoint us (funerals.lk) to collect donations for you, we act as an agent only with the sole purpose of collecting the donations to you as an extended service to you. For this service, we will have a fixed registration fee and a variable fee to cover the costs of banking & related charges. You will take full responsibility in divulging clear and accurate information and bear responsibility for all content stated in your request submission. You bear the moral responsibility in collections of such funds. We have the right to withhold and report any transaction that maybe seen as suspicious and inform authorities of such suspicions.  

DO NOT RELY ON INFORMATION ON THE SITE

The content on the Site is provided “as-is” and for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date and we do not accept any responsibility for any of such content.

LINKS TO OTHER WEBSITES

The Site may include links to the content, web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and we are not responsible for and do not give any warranties or make any representations regarding any such content, web sites and/or services.
The onus for ensuring that content presented on the Internet is legal rests with the original content provider, and we will not be under any obligations to limit access to material unless notified that it is illegal or otherwise in breach of the terms of this agreement. Notwithstanding, we shall have the right to remove any items we believe may be illegal or otherwise in breach of the terms of this agreement. Sometimes we include links to other websites; if you click on one and make a purchase of a product or service, we may receive a commission.

OUR INTELLECTUAL PROPERTY AND TRADE MARKS

The intellectual property in all design, text, graphics and other material (other than user generated content) and the selection or arrangement of such material on the Site is owned by us and/or our respective licensors. We are the owner of: those trade mark(s) indicated as such throughout the Site from time to time; and all other trade marks used in the Site which are not licensed to us by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners.

YOUR ACCOUNT

Should you create a user account on the Site, the personal details that you provide must be true, accurate and complete.
You must keep your password(s) relevant to the Site confidential and not reveal them to anyone else. You are responsible for all activities that are carried out under your username and password(s). We do not have the means to check the identities of people using the Site and will not be liable where your username and/or password(s) are used by someone else. You agree to notify us immediately by email of any unauthorised use of your account of which you become aware. Please see the contact us page on this site contact details.

You will not create additional accounts for the purpose of abusing the functionality of the Site or other users or for any other reason in breach of the terms of this agreement. You can cancel your account at any time by emailing us. Please see the contact us page on this site.
We shall use reasonable endeavours to ensure that the Site and any information it holds are kept secure. However, due to the nature of the Internet, we cannot accept any liability for those who intentionally attempt to and/ or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law) and we do not warrant that the Site or any of its contents are free of viruses or malware .

HOW WE MAY USE YOUR PERSONAL INFORMATION AND COOKIES

We will use your personal information and cookies as set out in our privacy policy.

CLAIMS MADE AGAINST US BY THIRD PARTIES

Where a claim is brought against us by a third party in relation to your use of the Site you agree to fully reimburse us and all companies within our group for all losses, costs, actions, claims, damages, expenses (including legal costs and expenses) or liabilities, whatsoever suffered or incurred by us or the companies within our group in or as a consequence of your breach of this agreement and your use of the site which is included on the site.

WE ARE NOT LIABLE FOR THINGS BEYOND OUR CONTROL

We are not liable for things beyond our control, such as power failure and problems on the Internet.

DISCLAIMER

We do not take responsibility in the content of the notices posted by individuals. We however will review  legitimate complaints on possible fraudulent notices that are brought to our attention via email at [email protected] and shall take appropriate action accordingly.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • the use of, or inability to use, the Site; or
  • use of or reliance on any content displayed on the Site.

We will not be liable for the loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

THIS AGREEMENT IS PERSONAL TO YOU

This agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without our prior written consent. We reserve the right to assign or transfer all or any of its rights and obligations under this agreement to any companies in the same group  or another third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.

WHICH COUNTRYS LAWS APPLY TO ANY DISPUTES?

Please note that these terms of use, their subject matter and their formation, are governed by the laws of Sri Lanka.