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Terms and conditions

1. Introduction

The terms “we” “us” or any similar expression will refer to motorhead.lk, while the terms “you” “your” or any similar expression will refer to the user to this site. Please read the following terms carefully. If you do not agree to the following Terms & Conditions you may not enter or use this Website. If you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs Motorhead and its use by you in relation to this Website.

2. Information on the Website

While every effort is made to update the information contained on this Website, neither Motorhead nor any third party or data or content provider can make any representations or warranties, whether expressed, implied in law or residual, as to the sequence, accuracy, completeness or reliability of opinions, any pricing information, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website. Motorhead reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this Website at your own risk. If you find an error or omission at this site, please let us know.

3. Trade Marks

The trade marks, names, logos and service marks (collectively "trademarks") displayed on this Website is all registered and unregistered trademarks of Motorhead. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of Motorhead.

4. External Links

External links may be provided for your convenience, but they are beyond the control of Motorhead and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to the terms and conditions of use for that external website. No hypertext links shall be created from any website controlled by you or otherwise to Motorhead Website without the prior written permission of Motorhead. Please contact us if you would like to link your website to this Website.

5. Public Forums and User Submissions

Motorhead is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the Website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Motorhead. Motorhead reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determined, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to – 5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third party; 5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; 5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Motorhead and/or a third party computer system and/or network; 5.4 violate any copyright, trade mark, applicable Sri Lankan or international laws or intellectual property rights of Motorhead or any other third party; 5.5 submit content containing marketing or promotional material, which is intended to solicit business.

6. Membership

Motorhead is not available to users under the age of 18, outside the demographic target, or to any members previously banned by Motorhead. Users are allowed only one active account. Breaching these conditions could result in account termination.

Motorhead on occasion will offer its members promotions. In connection with these promotions, any user that receives Rewards (prizes, credit, gift cards, coupons or other benefits) from Motorhead through the use of multiple accounts, email addresses, falsified information or fraudulent conduct, shall forfeit any Rewards gained through such activity and may be liable for civil and/or criminal penalties by law.

By using the Motorhead Website, you acknowledge that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Sri Lanka or other applicable jurisdiction. You agree to provide true and accurate information about yourself when requested by the Motorhead. If you provide any information that is untrue, inaccurate, or incomplete, Motorhead has the right to suspend or terminate your account and refuse future use of our services. You are responsible for maintaining the confidentiality of your account and password, and accept all responsibility for activities that occur under your account.

7. Cancellation Due To Errors

Motorhead has the right to cancel an order at anytime due to typographical or unforeseen errors that results in the product(s) on the site being listed inaccurately (having the wrong price or descriptions etc.). In the event a cancellation occurs and payment for the order has been received, Motorhead shall issue a full refund for the product / service in the amount in question. Additionally, you can cancel your order during the processing phase. Once your order is complete and your vouchers are delivered and paid for, you can no longer cancel the order.

8. Specific Use

You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Motorhead against any loss, liability, damage or expense of whatever nature which Motorhead or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.

9. Warranties

Motorhead makes no warranties, representations, statements or guarantees (whether expressed, implied in law or residual) regarding the Website, the information contained on the Website, you or your company's personal information or material and information transmitted over our system.

10. Disclaimer of Liability

Motorhead shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company) due to a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, you or your company's personal information or material and information transmitted over our system. In particular, neither Motorhead nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. The Motorhead Referral Credits and Rewards Programs and its benefits are offered at the discretion of Motorhead. Motorhead has the right to modify or discontinue, temporarily or permanently, the services offered, including the point levels, in whole or in part for any reason, at its sole discretion, with or without prior notice to its members. Motorhead may, among other things, withdraw, limit, or modify; increase and decrease the credits required for any Special Offer related to the Referral Credits and Rewards Programs. By becoming a member of Motorhead, you agree that the Motorhead Referral Credits and Rewards Programs will not be liable to you or any third-party for any modification or discontinuance of such Programs.

11. Indemnity

User agrees to indemnify and not hold Motorhead (and its employees, directors, suppliers, subsidiaries, joint ventures, and legal partners) from any claim or demand. Including reasonable attorneys’ fees, from and against all losses, expenses, damages and costs resulting from any violation of these terms and conditions or any activity related to user’s membership account due to negligence or wrongful conduct.

12. Use of the Website

Motorhead does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction (Democratic Socialist Republic of Sri Lanka). By accessing the Website, you warrant and represent to Motorhead that you are legally entitled to do so and to make use of information made available via the Website.

13. General

13.1 Entire Agreement. These Website terms and conditions constitute of the sole record of the agreement between you and Motorhead in relation to your use of the Website. Neither you nor Motorhead shall be bound by any expressed or implied representation, warranty, or promise not recorded herein. Unless otherwise specifically stated, these Website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Motorhead in respect of your use of the Website.

13.2 Alteration. Motorhead may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the Website.

13.3 Conflict. Where any conflict or contradiction appears between the provisions of these Website terms and conditions 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 of the Website shall prevail in respect of your use of the relevant section or module of the Website.

13.4 Waiver. No indulgence or extension of time which either you or Motorhead may grant to the other will constitute a waiver of or, whether by law or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

13.5 Cession. Motorhead shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

13.6 Severability. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

13.7 Applicable laws. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Sri Lanka without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Court of law of the Democratic Socialist Republic of Sri Lanka in respect of any disputes arising in connection with Motorhead, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

13.8 Comments or Questions. If you have any questions, comments or concerns arising from the Website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

14. Termination

These terms and conditions are applicable to you upon your accessing the Motorhead Website and/or completing the registration or buying / shopping process. These terms and conditions, or any of them, may be modified or terminated by Motorhead without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

15. Cancellations and Returns

Once goods are delivered to your address, they are no longer permitted to cancel.

16. Credits

The Motorhead Referral Credits and Rewards Programs and its benefits are offered at the discretion of Motorhead. Motorhead has the right to modify or discontinue, temporarily or permanently, the services offered, including the point levels, in whole or in part for any reason, at its sole discretion, with or without prior notice to its members. Motorhead may, among other things, withdraw, limit, or modify; increase and decrease the credits required for any Special Offer related to the Referral Credits and Rewards Programs. By becoming a member of Motorhead, you agree that the Motorhead Referral Credits and Rewards Programs will not be liable to you or any third-party for any modification or discontinuance of such Programs.