Definitions a Interpretation
All references to the "User", "you" or "your" shall mean and refer to the person who accesses or uses the Website in any manner, which shall include such person's successors, principal(s) and permitted assigns: Provided, further, that if you use the Website for and on behalf of an entity. incorporated or otherwise, you hereby acknowledge that any references to a "User", "you" or "your" made hereafter shall include such entity and its personnel, as applicable.
- "Pagean" shall mean Pagean Ventures (Private) Limited (bearing Company Registration No. PV00216441), its successors and assigns.
- "Applicable Law(s)" shall mean any law, regulation, ordinance, statute, rule, judgment, decree, order, resolution and policy, etc. having binding force passed or decreed by the Government of Sri Lanka, any sub-division thereof or other concerned statutory authority.
- "Intellectual Property" shall mean and include all patents, copyright, trademarks, tradenames, industrial designs, trade secrets, processes, domain names, formulae, compositions, systems, techniques, machines and computer programs - including both source code and object code.
- "Personal Data" shall mean and include information that identifies or distinctly relates to a particular natural person.
- "Website" shall mean the online website, www.huskiesglobal.com, as owned and operated by Pagean.
- "Huskies Account" shall mean and refer to a User's dedicated account on the Website - consisting of, but not limited to, its login credentials, profile and related information.
- You represent and warrant that you are of legal age and capacity to enter into a legally binding contract with Pagean governing your use of the Website and any purchases made through it on the terms and conditions specified herein. If you do not satisfy these requirements, you must not use or access the Website:
Terms & Conditions
2. User Accounts and Information
2.1 Users wishing to access, use and / or make purchases via the Website may either: (a) create a Huskies Account through which to do so; or (b) proceed with ad hoc purchases as a guest.
2.2 Users hereby represent and warrant that any information (including Personal Data) provided by it to Pagean (or otherwise uploaded to or posted by it on the Website) is true and accurate. The User also undertakes to update or amend such information as and when it becomes outdated, inaccurate or incomplete.
2.4 You undertake not to share the login credentials to your Huskies Account with any third party and shall be solely and exclusively responsible for keeping such login credentials confidential and secure. Users shall be held solely and exclusively responsible for all actions carried out through or utilizing their Huskies Accounts.
2.5 Pagean may, in its absolute discretion, refuse to register and grant any person or entity a Huskies Account, including on account of a prior suspension of such person or entity from using the Website.
2.6 All Huskies Accounts, including any rights and liabilities arising thereunder, are non-transferable except with prior written consent of Pagean.
3. Use of the Website
3.3 Users further undertake not to: (a) improperly use the Website - including by creating internet "links" to any part of such Website, by "framing" or "mirroring" any part of the Website on any other website or system, or by "scraping" or otherwise improperly obtaining data from the Website; or (b) represent, market or claim any relationship or association with Pagean or the Website - without the prior written consent of Pagean.
4. Payment Terms
4.1 Any prices indicated on the Website are subject to change without prior notice.
4.2 Users shall also bear and be responsible for paying any taxes which may be applicable to purchases made via the Website under Applicable Law.
4.3 Users may opt to make purchases via the Website by providing the details of a valid payment method accepted by Pagean to a designated third-party payment processing gateway (upon and subject to its independent terms and conditions).
4.4 By doing so, a user consents to and unconditionally warrants and represents that it is lawfully empowered and entitled to authorize the relevant third-party payment gateway to charge any such payment method provided in order to settle the sums due and payable to Pagean for purchases made via the Website.
4.5 Please note that, depending on the method of payment chosen, a User may not be permitted to complete a purchase via the Website where the designated third-party payment gateway is unable to charge the payment method provided.
5. Product Guidelines and Disclaimers
5.1 All products marketed and sold by Pagean via Website are provided "as is" and Pagean makes no express or implied warranties to Users in respect thereof - whether in respect of a product's suitabilty for your personal needs, preferences, sensitivities or otherwise.
5.2 The Website makes every effort to display the colors and images of products as accurately as possible - however, Pagean cannot and does not guarantee that a Users' respective device displays such colors or images with strict and 100% accuracy. As such, actual colors may vary due to any differences in screen resolution.
5.3 Products should, at all times, be used and cared for as instructed on the tags provided (if any).
6.1 Any delivery timelines indicated or provided by the Website in respect of a given order are only estimates / approximations and should not be construed as a definitive undertaking or deadline for delivery.
6.2 By making a purchase via the Website, Users acknowledge and agree to the use of one of Pagean's designated third party delivery service providers, who shall be engaged for the purposes of effecting the delivery of such order upon and subject to the relevant service provider's conditions of carriage.
7. Cancellations, Returns and Exchanges
7.1 Pagean reserves the right to refuse or cancel any order you place with us. Where an order is cancelled by Pagean for whatever reason and payment has already been made by a User, such sum shall be refunded in its entirety to the relevant User utilizing the billing information provided by such User in respect of the order in question.
7.2 Pagean may, in its sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same Huskies Account, the same billing information and / or orders that use the same billing / shipping address. In the event that Pagean makes any change to or cancels an order, it may attempt to notify you by contacting the e-mail address, billing address and / or phone number provided by you at the time the relevant order was placed.
7.3 Any order cancellations, returns or exchanges by a User shall only be permitted in accordance with the Website's policies thereon as more fully described in its FAQs (as may be amended from time to time).
- Operating the Website and facilitating any ancillary services or features provided thereunder - provided further that. without prejudice to the generality of the foregoing. it is specifically acknowledged and agreed to by Users that such Personal Data may be shared with third party delivery service providers for the purposes of facilitating the delivery of products sold via the Website.
- Improving the Website, its services and product offering.
- Promoting, marketing and advertising the Website and / or its product offering: and
- Complying with any Applicable Law and / or direction given by a state instrumentality.
9. Governing Law and Dispute Resolution
9.3 In the event the parties are unable to resolve such Dispute through mutual discussion within a period of thirty (30) days, then such Dispute shall be submitted to the jurisdiction of the courts of the Democratic Socialist Republic of Sri Lanka.
10.1 Specific Communications. All specific communications from Pagean to a User shall be made by electronic mail to the email account saved on record for such User.
10.2 Contacting Pagean. Any communication or correspondence with Pagean should be directed to connect©huskiesglobal.com.
- Cancel or suspend such User's Huskies Account and immediately terminate its License, with or without prior notice to the User; and
- Cancel and refund any orders placed by such User.
11. Limitations of Liability and Disclaimers.
Each and every User hereby acknowledges that it has fully read and understood the Website's Limitation of Liability Policy (below) and agrees to the terms and conditions specified therein.
11.2 Electronic Signatures. Each and every User acknowledges and agrees to the use of "electronic signatures" as defined and recognized under and in terms of the Electronic Transactions Act. No. 19 of 2006 when, and for the purposes of, accessing. using and contracting through the Website or with Pagean.
12. Limitation of Liability Policy
1. A PARTY'S USE OF THE WEBSITE SHALL BE SOLELY AND EXCLUSIVELY AT ITS OWN RISK.
2. WITHOUT PREJUDICE TO THE ABOVE LIMITATION(S) AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH AND EVERY USER ACKNOWLEDGES AND AGREES THAT:
- (a) NEITHER PAGEAN NOR ANY OF ITS REPRESENTATIVES OR EMPLOYEES SHALL BE LIABLE (WHETHER BASED ON CONTRACT, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE WEBSITE OR ANY PRODUCTS SOLD VIA THE WEBSITE; (B) ANY SERVICE INTERRUPTIONS, LOSS OF DATA COMPUTER DAMAGE OR SYSTEM FAILURE RELATING THERETO; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; OR (0) THE USE OF OR INABILITY TO USE THE WEBSITE; AND