PROPERTY OWNER TERMS

Welcome to parkyourhotel.com (hereinafter referred to as the "Website", "Site", "We", "Us", "Our"), owned and operated by Geeks Glob (Private) Limited (hereinafter referred to as "the Company") with its registered office located at No. 29/16A, Jayasinghe Road, Kirulapona, Colombo 06, Sri Lanka. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").

BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, Property Owner (hereinafter referred to as "You" or "Your" or "Property Owner") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU UNDERTAKE ANY ACTIVITY ON THE WEBSITE YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS.

Our website provides a platform to the property owners who wish to list their hotels, rental properties, accommodation places, etc and sell their services on and through our website.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE PROPERTY OWNERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.


  1. DEFINITIONS:
    1. "Company" shall mean Geeks Glob (Private) Limited which owns and operates the website, parkyourhotel.com.
    2. "Host/Property owner" shall mean an individual or entity who/which wishes to get its properties listed and sell the services same on and through the website.
    3. "Customers" shall mean the individuals who may use the Company's website for buying the services or availing the services of the Host, listed on Company's website.
    4. "Listing" shall mean and include the properties of the Host and its related information published/posted on Company's website.
    5. "Registration" means the feature offered to Host/Property Owners to register on our website by providing us your Username, Email- address, password. Once you create an account on our website, you can login on our website using your e-mail id and password and list your properties which you intend to offer on and through our website.

  2. INTERPRETATION
    1. The official language of these terms shall be English.
    2. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.

  3. ELIGIBILITY
    1. You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
    2. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our website reserves the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service.
    3. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
    4. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
    5. Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.

  4. REGISTRATION
    1. The Property Owners will have to register with us in order to list their services on our website
    2. In order to register with us, the Property Owner will have to click on the applicable link of "Register as Property Owner" which shall direct it to the registration page on our website and therein you have to provide details such as your Username, E-mail id, and password. Once the Property Owner registers with us, its account will be created on our website and by using the same it will be able to list its properties on our website. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us via call or email at [email protected] of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a "strong" password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
    3. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
    4. When creating an Account, don't:
      1. Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person's permission;
      2. Use a username that is the name of another person with the intent to impersonate that person;
      3. Use a username that is subject to rights of another person without appropriate authorization; or
      4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
    5. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at [email protected]
    6. You shall not transfer or sell your account on our website and User ID to another party.
    7. Our Services are not available to temporarily or indefinitely suspended Property Owners. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
    8. One individual can own only one account in his/her name.
    9. You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our terms of use and all other policies listed on the website and all other operating rules, policies and procedures that may be published from time to time on the website by the Company.

  5. SERVICES
    1. The Company offers the Property Owner with an online platform to list its properties and sell its services to the Customers.
    2. The Property Owner shall upload on the website by logging in to their accounts the pictures and description of the Property and the per day price of the hotel or rent in case of rental property (collectively referred as "Selling Price") and once the property is published our team shall review the information and intimate you about acceptance or rejection.
    3. The Buyers/customers will surf through the properties listed on the website and book/reserve the same through our website.
    4. From time to time, Property Owner shall be responsible for providing details/information relating to the properties published on the website to the Company. In this connection, Property Owner undertakes that all such information shall be accurate in all respects. Property Owner shall not exaggerate or over emphasize the attributes of such properties so as to mislead Customers/buyers in any manner.
    5. The Property Owner shall only fix the price of the property and mention the same while publishing it on the website.
    6. Any image used in publishing of the property provided by Property Owner to Company must be of the actual property proposed to be listed on the website and shall not copy images from the internet. Property Owner shall not disclaim any liability including liability with respect to authenticity of services that they sell via the Website.

  6. SUBSCRIPTION PLAN
    1. The Property Owners will have to subscribe to the subscription plan listed on the website.
    2. The Subscription Plan will enable the Property Owner to list and publish its properties on the website.
    3. The Property Owner will be able to publish a fix number of rooms in accordance to the subscription plan subscribed it.
    4. In order to subscribe to our subscription plans the users will have to register with us as per the directions mentioned in clause 4 of the present user agreement. Thereafter the user will have to click on the "SUBSCRIPTION PLAN" option which shall direct the user to the page wherein all the details about the subscription plan will be disclosed. The user will have to choose a subscription plan.
    5. Then the user shall be directed to the "Payment Page" and the user will have to make advance payment of the plan it wishes to subscribe to. The payment can be made via various options enlisted in clause 7.2.
    6. The payment for the subscription plan once made is non-refundable and non-cancellable even if the Property Owner cancels the subscription in the mid of the tenure of the subscription plan or at any time before the end of the subscription plan.
    7. If such subscription was purchased by check or another form of payment other than by credit card or Payment Gateway (if such other payment form was permitted), such subscription shall not be automatically renewed. The automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard at least five (5) days prior to expiration of the then-current term. Upon any such turning off of auto-renewal, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then-current term. If your subscription does not auto-renew or expires at the end of your then-current subscription term and you desire to renew your subscription, you will be required to pay the then-current subscription rate to renew your subscription or to activate a new subscription.
    8. If you do not turn off auto-renewal and you continue to use our subscription service, you re-affirm and authorize us to charge your form of payment at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current, non-promotional subscription rate for the same product or service.
    9. If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your form of payment at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same as the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. If you wish to change your form of payment to be charged or if your form of payment information otherwise changes, please contact us for information on updating the payment information in your owner dashboard, as applicable or to provide the new or different form of payment information.
    10. If a Site enables you to list your property on a basis other than by subscription, you agree to pay us compensation as described to you in the registration process, which compensation may be changed by us from time to time without notice by us displaying the compensation on the Site on which you registered for the listing. The registration process and additional notices you may receive from us may also provide additional terms and conditions for such listings.
    11. The Property Owners should keep in mind that the payment of the Subscription Plan will not be refunded or cancelled so they are advised to act prudently before subscribing to the Subscription Plan.

  7. PAYMENTS
    1. The amount of the Subscription Plan is listed in https://parkyourhotel.com/pricing
    2. Our website offers following modes of payment:
      1. Valid credit card/debit card;
      2. Payment Gateways
    3. Users expressly agree and acknowledge that our website may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website.
    4. Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our website may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party.
    5. Users agree that they will hold our website harmless against any such dispute or legal claim. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
    6. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment provider. For more information on their security and privacy policy you may refer to the Privacy Policy of these third party payment providers before proceeding with payment option.
    7. PAYMENTS RECEIVED BY US FROM THE CUSTOMERS
      1. The Customers shall make the payment of the bookings and reservations through our website and we shall release the payment to the Property Owner after the Customer has availed the service.
      2. We will hold the payment made by the customer in our account till the check-out date mentioned by the customer at the time of booking the property on the website.
      3. The final payment shall be released to the account of the Property Owner after three days from the date of check-out by the Customer.

  8. PROPERTY OWNER'S RESPONSIBILITY FOR LISTING PROPERTIES AND SERVICES ON THE WEBSITE AND ITS OBLIGATIONS:
    1. The Property Owners agrees to ensure that the listing description of the properties must not be misleading.
    2. The Property Owner agrees to update accurate, current and complete information regarding the Property Owner as is requested during the Property Owner's registration process via the Website.
    3. Company may perform a variety of marketing activities to promote Property Owner and the Property Owner's list of properties and other information provided to Company, all such marketing activities will be determined in Company's sole and absolute discretion and the Company's website content may be changed, without notice and from time to time, to reflect any such changes.
    4. The Property Owner hereby grants to Company a non-exclusive, transferable, royalty-free, fully-paid, worldwide license, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such Marketing Materials, including any trademarks, trade names, service marks, logos, telephone numbers, and addresses therein, for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, and with a right to sublicense, in connection with the Company's Website, or the Company's Marketing Activities; and, in connection with Company's exercise of the license rights granted by the Property Owner.
    5. Company may prepare derivative works of, or incorporate into other works, all or any portion of the Marketing Materials. The license rights granted hereby will apply to any form, media, or technology now known or hereafter developed.
    6. Company does not assert any ownership over the Marketing Materials; rather, as between Company and the Property Owner, and subject to the rights granted to Company herein, the Property Owner shall remain the owner of its Marketing Materials and the intellectual property rights associated thereto.
    7. The Property Owner declares that it has all rights, ownership, licenses and authorizations and is authorized to provide such services to the customer via Company's website. The copy of such ownership, licenses, authorization shall be provided on demand without failure and/or protest.
    8. When creating a Listing through our Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by us. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
    9. You are solely responsible for setting a price (including any Taxes if applicable) for your Listing ("Listing Fee"). Once a customer requests a booking of your Listing, you may not request that the customer pays a higher price than in the booking request.
    10. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
    11. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your listed Services. We reserve the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
    12. The placement and ranking of Listings in search results on our Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Property Owner's requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
    13. When you accept or have pre-approved a booking request by a Customer , you are entering into a legally binding agreement with the Customer and are required to provide your Host Service(s) to the Customer as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the payment terms listed in Terms of Use.

  9. PRODUCTS WHICH ARE PROHIBITED OR RESTRICTED FROM BEING LISTED ON COMPANY'S WEBSITE:
    1. The Company shall not be listing and/or selling the following products on/via its website. Thus, the Property Owner shall not include the following products in their list/details of products which they provide to the Company for the Company to list and sell on its website.
      1. Adult Material which includes pornography and other sexually suggestive materials (including literature, imagery and other media);
      2. Alcohol including alcoholic beverages such as beer, liquor, wine or champagne;
      3. Animals and Wildlife Products - examples include mounted specimens, and ivory
      4. Artifacts prohibited for sale;
      5. Beta Software
      6. Bootleg/Pirated Recordings
      7. Brand Name Misuse
      8. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam)
      9. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
      10. Catalogue and URL Sales
      11. Child pornography which includes pornographic materials involving minors
      12. Copies of unauthorized Copyrighted materials whether in electronic or physical form or any other medium which may not be in existence at present
      13. Counterfeit Currency and Stamps
      14. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs
      15. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
      16. Embargoed Goods
      17. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
      18. Event Tickets
      19. Firearms, Ammunition, Militaria and Knives
      20. Fireworks, Explosives and Explosive Substances; toxic, flammable and radioactive materials and substances
      21. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
      22. Government IDs and Licenses which includes fake Ids, passports, diplomas and noble titles
      23. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property
      24. Hazardous and Restricted Items
      25. Human Parts and Remains
      26. Items Encouraging Illegal Activity - examples include an eBook describing how to create methamphetamine
      27. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
      28. Copyright unlocking items that includes Mod Chips or other devices designed to circumvent copyright protection
      29. Movie Prints
      30. Offensive Material - examples include ethnically or racially offensive material or any literature, products or other materials that: i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors ii) Encourage or incite violent acts iii) Promote intolerance or hatred
      31. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
      32. Police, Army, Navy and Air force Related Items
      33. Pre-Sale Listings
      34. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner
      35. Promotional Item
      36. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines; goods regulated by government or other agency specifications
      37. Replica and Counterfeit Items including imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods
      38. Ringtones
      39. Stocks and Other Securities or related financial products
      40. Stolen Property
      41. Surveillance Equipment
      42. Tobacco and cigarettes includes cigarettes, cigars, chewing tobacco, and related products]
      43. Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products
      44. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
      45. Wholesale currency which includes discounted currencies or currency exchanges
    2. The Company reserves the right to modify, update and alter the list from time to time without any prior intimation.
    3. The Company also reserves the right to modify the listings if relevant details are missing and it may even remove the inappropriate listings on the website without any prior intimation.
  10. WARRANTIES, REPRESENTATION AND UNDERTAKINGS OF PROPERTY OWNER:
    1. The Property Owner warrants and represents that:-
      1. 10.1.1. All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Property Owner.
      2. There are no proceedings pending against the Property Owner, which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
      3. That it is an authorized business establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into present agreement with the Company.
      4. It shall, at all times ensure compliance with all the requirements applicable to its business and for the purposes of this agreement including but not limited to Intellectual Property Rights, Value added tax, Excise and Import duties, etc. It further declares and confirms that it has paid and shall continue to discharge all its obligations towards statutory authorities.
      5. That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
      6. Please note that trust is the most important aspect of trade between Customers and Property Owners in marketplace and one of the key aspects of trust is fair pricing. For healthy transaction flow on Company's website, Property Owner is required to price its services responsibly. The Company constantly monitors prices for each Property Owner at various channels and shall not allow the Property Owner to quote a higher price. Property Owner should price its items to be same as the lowest rate they are selling at elsewhere or even lower but it should not be more. Violation of pricing policy will result into warning notices and can also result into removal of their services listed on the website by Company.
      7. Property Owners on Company's website are prohibited to engage in direct communication with customers who approach the Property Owner through the website for any pre-sale, post sale or returns related matters. Property Owners are also not allowed to engage in direct or indirect marketing communication with Customers. Violations of this may result in Property Listing cancellation.
      8. Property Owner agrees that appropriate disclaimers and terms of use on Company's website shall be placed by the Compan.
  11. INTELLECTUAL PROPERTY RIGHTS:
    1. The Property Owner expressly authorises the Company to use its trade marks/copyrights/ designs /logos and other intellectual property owned and/or licenced by it for the purpose of reproduction on the website and at such other places as the Company may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party's trademarks and / or logos.
    2. Uses of Our Trademarks or Logos.
      1. There are limited ways in which a Property Owner may use our trademarks or logos in connection with a listing without specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to ParkYourHotel in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my vacation rental on ParkYourHotel," or "I list properties on ParkYourHotel." However, you may not refer to ParkYourHotel or any of our affiliates in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by us or one of our affiliates. For example, you may not say "ParkYourHotel sponsors my vacation rental," or describe your property as "ParkYourHotel's best vacation rental." You may not use the our name or one of our affiliates' names on any other website that lists vacation rentals without our prior written authorization.
      2. The ParkYourHotel name and logo and those of our Group and our affiliates are trademarks or other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirt, etc., or if you have other questions, you may contact us.
  12. APPEARANCE IN SEARCH RESULTS
    1. We cannot guarantee that your listing will appear in any specific order in search results on the Site. Search order will fluctuate based on a variety of factors such as search parameters, subscription level purchased, listing quality, how frequently a calendar is updated, traveler preferences, your response time, reservation history, online booking capability, compliance with posted listing practice requirements, and other factors that we may deem important to the user experience from time to time ("Best Match"). Listing appearance or order in any particular search result may also vary depending on the search criteria used by the particular customer. We reserve the right to apply various search algorithms or to use methods to optimize Best Match results for particular customers' experiences and the overall marketplace. To optimize the search experience for both Property Owners and customers and improve the Best Match process, we retain the right to run occasional tests that will be limited in duration but may alter how we display listings and search results
  13. CONTENT, LAYOUT AND COPY
    1. All content and copy edits submitted by Property Owners are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Property Owner. All content must meet these Terms and our Content Guidelines. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our Content Guidelines or formatting requirements. Property Owners are responsible for reviewing and ensuring that any content displayed on the Site appears as the Property Owner intended it to be.
  14. PHOTOGRAPHS
    1. Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
    2. By submitting a photograph to us, the Property Owners represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any Property Owner of the Company from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party's copyright.
    3. It is the Property Owner's responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Property Owner warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each Property Owner further agrees that we may reproduce in whole or in part any photographic material supplied by such Property Owner in the promotion of either such Property Owner's property or the Site.
  15. CUSTOMER DATA:
    1. "Customer Data" means any and all identifiable information about customers/purchasers generated or collected by Company or the Property Owner, including, but not limited to, customer's name, email addresses, services availed, phone numbers, and customer's preferences and tendencies. The Property Owner agrees that it will only use the Customer Data in fulfilling the applicable Customer Order and in complying with its obligations in this Agreement, and the Property Owner agrees that Customer Data will not be used to enhance any file or list of the Property Owner or any third party.
    2. The Property Owner represents, warrants, and covenants that it will not resell or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. The Property Owner agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of providing services to the Customer. The Property Owner (and any other persons to whom the Property Owner provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Property Owner (or otherwise on its behalf), the Property Owner shall ensure that it (and any applicable third parties) adopt, post, and processes the Customer Data in conformity with an appropriate and customary privacy policy.
    3. For purposes of this Agreement, the restrictions set forth herein on the Property Owner's use of Customer Data do not apply to: (a) data from any customer who was a customer of the Property Owner prior to the Property Owner using the Website, but only with respect to data that was so previously provided to the Property Owner by such customer; or (b) data supplied by a customer directly to the Property Owner who becomes a customer of the Property Owner and who explicitly opts in to receive communications from the Property Owner for the purposes for which such Customer Data will be used by Property Owner; and, provided in all cases, that the Property Owner handles and uses such Customer Data in compliance with applicable Laws and the Property Owner's posted privacy policy.
  16. RELATIONSHIP:

    Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Property Owner and Property Owner shall not represent the Company, neither does it have any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

  17. INDEMNITY:
    1. The Property Owner indemnifies and shall hold indemnified the Company, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Property Owner's property, the breach of any of the Property Owner's warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or terms of use of Company's website or any obligations arising out of the Property Owner infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, taxes. Etc. This clause shall survive the termination or expiration of this Agreement.
  18. LIMITATION OF LIABILITY:
    1. The Company on the basis of representation by the Property Owner is marketing the properties of the Property Owner on its website to enable Property Owner to offer its services to customers through the Company's website. This representation is the essence of the Contract.
    2. It is expressly agreed by the Property Owner that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Property Owner or any other party whomsoever, arising on account of any transaction under this Agreement.
    3. The Property Owner agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the services offered by the Property Owner through Company's website (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages. Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Property Owner or any of its representatives.
    4. The Company under no circumstances shall be liable to the Property Owner for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Property Owner has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Property Owner to have been deliberately caused by the Company.
  19. TERMINATION:
    1. This Agreement may be terminated by the Company forthwith in the event:-
      1. Property Owner commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 30 days after written notice given by the Company.
      2. If a Petition for insolvency is filed against the Property Owner.
      3. If the Property Owner is in infringement of the third party rights including intellectual property rights.
    2. This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.
  20. EFFECTS OF TERMINATION:
    1. In the event of termination/expiry of this Agreement, the Company shall remove and shall discontinue display of the Property Owner's service on its website with immediate effect.
    2. Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Property Owner by virtue of termination of this agreement.
    3. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
  21. GOVERNING LAW AND DISPUTE RESOLUTION:
    1. This Agreement and any action related thereto will be governed by the laws of Sri Lanka without regard to or application of its conflict of law provisions or Property Owner's state or country of residence.
    2. Property Owner agrees to submit to the exclusive jurisdiction of the courts sitting in in relation to proceedings arising out of this agreement.
    3. If there is a dispute between the Property Owner and a Customer, the Property Owner understands and agrees that Company is under no obligation with respect thereto, and the Property Owner, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
    4. The Property Owner agrees that in case it is unable to resolve its disputes with the customers then the Company has the right to remove the Property Owner from its listings on the website and terminate this agreement.
    5. In case of dispute between Company and the Property Owner, the same shall be referred to the decision of a Sole Arbitrator to be appointed by the Company in accordance with and subject to the provisions of the Arbitration laws of Sri Lanka.
      1. The venue of such Arbitration shall be at Colombo 00700, Sri Lanka in order to deal with the arbitration proceedings and the awards in accordance with law.
      2. The decision of the arbitrator shall be final and binding.
      3. The language to be used and all written documents provided in any such arbitration shall be in English.
  22. DISCLAIMERS:

    TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THE WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE PROPERTY OWNER'S ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET OR MOBILE DEVICES.

  23. NOTICES:
    1. Except as explicitly stated otherwise, any notices given to Company shall be given by email to [email protected] or at an address No. 29/16A, Jayasinghe Road, Kirulapona, Colombo 06, Sri Lanka. Any notices given to the Property Owner shall be to the email address provided by the Property Owner to the Company at the time of listing (or as such information may be updated via the website by Property Owner from time to time) or at the mailing address provided by Property Owner to the Company.
    2. Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by email, personal service, by air courier with receipt of delivery, or mailed, certified mail, return receipt requested, postage prepaid, to the address set forth above. Such communications shall be effective when they are received by the addressee; but if sent by certified mail in the manner set forth above, they shall be effective five (5) days after being deposited in the mail. Any party may change its address for such communications by giving notice to the other party in conformity with this section.
  24. BINDING EFFECT:

    This agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.

  25. ASSIGNMENT:

    The Property Owner shall have no right to (a) assign this agreement, by operation of law or otherwise; or (b) subcontract or otherwise delegate the performance of the services without Company's prior written consent which may be withheld as Company determines in its sole discretion. Any such purported assignment shall be void. The Company at its sole discretion may assign this agreement to any third party.

  26. SEVERABILITY:

    If any provision of this agreement shall be found invalid or unenforceable, the remainder of this agreement shall be interpreted so as best to reasonably effect the intent of the parties.

  27. INJUNCTIVE RELIEF:

    Property Owner acknowledges and agrees that in the event of a breach or threatened breach of this agreement by Property Owner, Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this agreement.

  28. AMENDMENT:
    1. Company may at any time at its sole discretion modify this Agreement from time to time, and any such changes will (i) be reflected on the Website, (ii) be effective thirty calendar days after being so posted on the Website, (iii) not apply retroactively, and (iv) not apply to any disputes arising prior to the effective date of such change. Company shall also post the amended agreement at the address of the Property Owner. The Property Owner agrees to be bound to any such changes and understands the importance of regularly reviewing this Agreement as updated on the website to keeping the Property Owner's listing and contact information current.
    2. Notwithstanding anything to the contrary herein, Company reserves the right to, at any time and from time to time, change, alter, modify, or discontinue the Website and (or any part thereof) with or without notice. The Property Owner agrees that Company shall have no liability to the Property Owner or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Company's Website.
  29. FORCE MAJEURE:

    Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, Property Owners, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.

  30. WAIVER OF RIGHTS:

    A failure or delay in exercising any right, power or privilege in respect of this agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  31. MISCELLANEOUS:
    1. Termination of this agreement for any cause whatsoever shall not release a party from any liability which, at the time of termination, has already accrued to the other party or which may thereafter accrue in respect of any act or omission prior to such termination.
    2. Article headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of this agreement or of any clause.
    3. Each party shall co-operate with the other and execute and deliver to the other such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and the intended purpose of this agreement.
  32. ENTIRE AGREEMENT:
    1. This agreement along with the terms of use, privacy policy and other policies published on the website constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
  33. CONTACT US:
    1. For any further clarification of out Terms and Conditions, please write to us at [email protected]
    2. Our Permanent Address is No. 29/16A, Jayasinghe Road, Kirulapona, Colombo 06, Sri Lanka.