Terms and conditions

Terms & Conditions

“MacMart.lk” means the website owned and managed by MacMart.lk (Private) Limited.

TERMS & CONDITIONS
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.
• You may not 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.
• You may not copy or use any material from the Sites and/or the Services for any commercial purpose.
• You may not 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.
• Any use of caching, http accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
• You may establish a link or “deep link” to the Sites from your site, provided that you have obtained MacMart’s prior written consent and that at MacMart’s sole discretion, the context is relevant and the link or its description is not detrimental to MacMart.
• Users that are not subscribers to the MacMart Network acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of MacMart in the interest of fully subscribed customers of the MacMart Network.
• Some areas of the sites or services may not be accessible for you even you are a subscribed customer of MacMart’s Mobile Telephony Network, depending on the subscribed services and credit limits.

 

 

Your obligations

• 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 authorize or permit any other party to):
• You should not 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;
• You should not 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 MacMart’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 MacMart 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;
• You should not 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 MacMart or other Internet users;
• You should not 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 behaviour 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 MacMart’s reputation or the reputation of any third party.
• You acknowledge that chat, discussion group or bulletin board services and similar services offered by MacMart are public communications and your communications may be available to others and consequently you should be cautious when disclosing personal or sensitive information or any information which may identify you. MacMart shall not be responsible for, and does not control or endorse any Content of any Public Communication Services.
• If any information provided by you is untrue, inaccurate, not current or incomplete, MacMart has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.

 

Your information

• MacMart’s usage of your personal information is governed by the MacMart’s privacy Policy Statement.

 

Proprietary rights

• All Trade Marks used on the Sites and/or the Services are the trademarks of MacMart or one of MacMart’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 MacMart or the Trade Marks.
• You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by MacMart, 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 licence or other transfer of rights to you of any intellectual property or other proprietary rights of MacMart, any member of the MacMart partnerships or any third party, whether by estoppel, implication or otherwise.
• MacMart 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.

 

Costs

• Use of the Sites is currently free. However, MacMart reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.
• 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 MacMart, nor any of its employees, nor any member of the MacMart’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, MacMart 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 MacMart is unable to exercise control over the security or subject matter of Content passing over the MacMart Network, the Sites or via the Services and MacMart 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 contains links to web sites, web pages, products and services also operated or partnered by MacMart 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.
• MacMart 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. MacMart 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.
• Subject to Clause 13, you agree that MacMart does not generally and is not required to monitor or edit the use to which you or others use the Sites and the Services or the nature of the Content and MacMart is excluded from all liability of any kind arising from the use of the Services, and in particular but without limitation to the foregoing, the nature of any Content. Notwithstanding the foregoing, MacMart reserves the right to edit, bar or remove any Services and/or Content, at any time as MacMart in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

 

Exclusion of liability

• Nothing in these Terms and Conditions shall act to limit or exclude MacMart’s liability for death or personal injury resulting from MacMart’s negligence, fraud or any other liability, which may not by applicable law be limited or excluded.
• MacMart shall use its reasonable endeavors 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 MacMart Network or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
• Neither MacMart nor any member of the MacMart 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, MacMart 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.
• MacMart 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.

Variation

• MacMart 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.
• MacMart 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.
• MacMart offers values additions such as “warranty”, “cash on delivery” and ” delivery” at the discretion of MacMart and its partners in good faith. Specifics of such value additions are detailed in the FAQ section of the site. MacMart Reserves the right to revise Terms and Conditions governing these value additions.

 

Indemnity

• You hereby agree to fully indemnify and to hold MacMart 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 MacMart 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 MacMart 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 MacMart arising from the above claims and shall provide MacMart 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 MacMart’s business purposes, such as for quality control and training, to prevent unauthorised use of MacMart’s telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

 

Profligate use

• Profligate use of the MacMart GPRS/Data Network is prohibited. MacMart considers that any application which transmit live video, live audio or make similar excessive traffic demands across the MacMart Network by whatever means, unless provided by MacMart, constitutes making profligate use of the MacMart Network. Use of IP Multicast, other than by means provided and co-ordinated by MacMart is also prohibited.

 

Termination

• MacMart 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.
• MacMart 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 MacMart or if MacMart ceases to offer the Sites and the Services to its customers for any reason whatsoever.

 

General

• 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. 15.2. 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 – MacMart’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 MacMart 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 MacMart forthwith. MacMart may assign these Terms and Conditions in whole or in part to any third party at its discretion.
• Rights of Third Parties – Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained in this Agreement.
• Force Majeure – MacMart 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 MacMart is not responsible.

 

Definitions

• “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, your mobile phone number or CLI or similar recognition device;
• “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” has the meaning given to it in Clause 2.1;
• “Terms and Conditions” means the contract between MacMart and you incorporating these terms and conditions;
• “Trade Marks” means the word or mark “MacMart”, however represented, including stylised representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
• “MacMart” means MacMart.lk (Private) Limited, whose registered office is at 44/1 Haig Road, Colombo 4, Sri Lanka and may also be referred to as “MacMart”, “we” or “us” in these Terms and Conditions.

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 MacMart 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. Despite our best efforts, a small number of the items in our catalogue 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. 

COD (Cash on Delivery; pay cash when product/s is/are delivered to you)
All orders are subject to confirmation from MacMart and have upper limit of LKR 100,000 per order. A staff member will contact you to confirm the Order. You cannot cancel the order or refuse to pay when the product/s are delivered to you after your confirmation. 
Any variation in upper limit is at the discretion of MacMart.

Unavailability of Product / Product Out of Stock
Some products may not be available (run out of stock) from time to time due to overselling.
In the event of a stock unavailability, MacMart.lk will inform the customer within 3 working days, [P1] 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.
Placement of an order including the payment of the order value by the Customer will be construed as an offer. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order and has been passed for processing and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, when we have commenced delivery after the supplier has released the product.

Live Chat 
By participating in this Live Chat, you agree to these terms and conditions applying to your use of the Live Chat. These terms and conditions of use apply to MacMart website, and to any similar features that may be implemented on this website from time to time, including (but not limited to) any bulletin boards or chat rooms.
These terms and conditions of use may change from time to time. You are requested to review them regularly in order to apprise yourself of any changes that may occur.
The Live Chat is intended for the exchange of information between, and points of view of, MacMart.lk staff and these are the points of view and statements, opinions or questions of those individuals.
To the extent permitted by law, MacMart.lk will not be liable for any content, 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 any content posted, emailed, transmitted or otherwise made available via Live Chat.
You agree to indemnify MacMart.lk in relation to any loss or damage incurred by them as a result of your use of this website and Live Chat in contravention of these terms and conditions.
Live Chat is provided to all users of this website to receive assistance in relation to the navigation and use of the website. Use for any other purpose is prohibited. Live Chat is not provided for the purpose of assisting Users in the selection of or advice on a MacMart product. Users will not give or attempt to give customer personal data when using Live Chat.
MacMart.lk will endeavour to provide access to Live Chat but no warranty is given by MacMart as to the availability of the Live Chat service. MacMart.lk may terminate the Live Chat service at its own discretion without notice.
Without limitation on MacMart’s rights to terminate the Live Chat service at its own discretion, inappropriate use of Live Chat will result in access being revoked by MacMart.lk.

Products available for immediate pickup
In relation to the products available for immediate pickup, the Customer may opt either for pick  up from MacMart or for delivery. The delivery of the product is performed by MacMart or a courier appointed by MacMart as an additional service subject to the delivery terms. 
The title of the products available for immediate pickup, shall pass to the Customer at the time of the payment.

Delivery of Products
Products must be thoroughly inspected before accepting. If the product is damaged or any parts are missing, you must immediately inform the delivery person and not accept the product. If you accept we consider that the product was in good condition and returns/ refund requests will not be accepted by MacMart. Delivery time is generally 1 to 5 business days, however times could vary depending on the supplier and MacMart cannot be held liable for any delays. Further, MacMart cannot be held liable for any delays by the courier companies.

• Please ensure to check your ordered product/s for any physical damages prior to accepting the delivery. Please do not accept delivery if there are any damages.
• MacMart will not be liable for goods which are damaged in transit if the Proof of Delivery (POD) is signed and the goods are accepted.
• Please pick up products ordered under the ‘Pick Up’ option within 1 week from the specified product available date for pick up.
• MacMart will not bear responsibility for the condition of the products which are not collected within a week, and MacMart reserves the right to cancel the order.

Refunds & Exchanges
Refunds for change of mind will not be accepted.

Products/ services under daily deals are limited time and limited stock promotions that once ordered and paid are non-refundable. The voucher issued when you purchase the product/ service must be utilized (redeemed) during the validity period of the voucher. MacMart is not liable for failure to redeem the voucher under any circumstances and cannot be refunded.

All refunds are processed within 10 working days by MacMart (processing times shown in table below). Further processing back to your credit card/ bank account may require additional time depending on the bank/ institution for which MacMart cannot be held liable.

Refund Type	Refund SLA
Bank Deposit	3 days to process and up to 7 days to realize
Back to Card (V/M & Amex)	3 days to process and 7 days to get realize

 

PRODUCT DESCRIPTIONS/IMAGE 

MacMart attempts to be as accurate as possible. However, MacMart 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 MacMart is not as described, you may immediately contact our customer support at info@MacMart.lk or call us on our hotline, and MacMart at its’ discretion shall provide you with a replacement/ alternative product for same value or provide you with a refund.