Terms & Conditions - old

Introduction

The following document (hereinafter referred to as the "Agreement" or "Terms of Use", which expressions as hereinafter utilized shall mean and include the contents of this document as well as of any and all annexures and linked information thereto) contains the terms and conditions upon which Users may access and use the Website (as hereinafter defined). If you, as the User, do not agree to any of the terms and conditions specified in these Terms of Use, please refrain, cease, and desist from utilizing the Website forthwith.

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.

For the purposes of these Terms of Use:

• "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.

1. Overview

1.1 By using the Website, creating a Huskies Account or clicking to accept these Terms of Use when offered the option:

1. 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:
   
   Provided further, that if you use the Website for and on behalf of an entity, incorporated or otherwise, you hereby further represent and warrant to Pagean that: (i) you have the authority to bind such entity on the terms and conditions stipulated hereafter; and (ii) that your acceptance of these Terms of Use shall lawfully be deemed to be an acceptance by such entity of these terms and conditions; and
   
   
2. You hereby acknowledge and undertake that you have read and understood the entirety of these Terms of Use (including any linked information) and agree to be legally bound by the terms and conditions set out therein.

1.2
Terms & Conditions
Pagean reserves the absolute right to revise, update and amend these Terms of Use, from time to time, and the Parties acknowledge and agree that such revisions, updates and amendments may be carried out without notice to the User:
Provided, however, that any such revisions, updates or amendments to the Terms of Use shall only take effect upon the revised, updated or amended version thereof being posted at www.huskiesglobal.com/tc. Your use of the Website after the date of such posting shall constitute your consent to such revisions, updates or amendments. If you do not agree to such changes, you must immediately cease to use or access the Website.

1.3 The User further acknowledges that certain terms and conditions are incorporated herein by reference (including by linked information). This includes, but is not limited to, the Website's Privacy Policy and Limitation of Liability Policy.

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.

2.3 Pagean undertakes that any Personal Data or information collected from a User shall be utilized in accordance with the Website's Privacy Policy.

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

3.1 Subject to your continued and consistent compliance with the terms and conditions stipulated herein, Pagean grants you a limited, revocable, non-exclusive and non-transferable license to use and operate a Huskies Account on the Website in strict accordance with these Terms of Use ("License").

3.2 User Content. All comments, reviews and ratings must be made in strict accordance with the Website's Terms of Use and the Website reserves absolute discretion to remove any comments, reviews or ratings that violate these Terms of Use including content which: (a) is inappropriate, defamatory or offensive; (b) is false, deceptive or misleading; (c) breaches any laws or third-party rights (including but not limited to those relating to Intellectual Property, confidential information and trade secrets); (d) constitutes spam, advertisements, promotional materials or unsolicited communications of any kind; or (e) contains viruses or malware of any kind or links thereto.

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. Deliveries

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).

8. Privacy Policy

Privacy Policy
By making any Personal Data available on or through the Website, Users hereby grant Pagean a non-exclusive and irrevocable license to access. store and use such Personal Data in accordance with the Website's Privacy Policy, which may be accessed at www.huskiesglobal.com/pp. Without prejudice to the generality of the provisions contained therein. you specifically acknowledge and agree to the use of such Personal Data for the limited purpose(s) of:

1. 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.
   
   
2. Improving the Website, its services and product offering.
3. Promoting, marketing and advertising the Website and / or its product offering: and
4. Complying with any Applicable Law and / or direction given by a state instrumentality.

9. Governing Law and Dispute Resolution

9.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.

9.2 If any doubt, dispute or claim arises from, out of or in connection with these Terms of Use or in the interpretation thereof (hereinafter a "Dispute"), the relevant parties shall endeavor to settle such Dispute amicably through mutual discussions held amongst the parties in dispute.

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. Miscellaneous

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.

10.3 Intellectual Property. Pagean exclusively owns all rights, title and interest in and to the Website, its data as well as any Intellectual Property rights vested in or relating to the Website, its brands and products. The Parties acknowledge and agree that these Terms of Use do not, in any manner or form, grant any third party or User rights to or over the Website, its data or any such Intellectual Property. As such, Users are advised that any unauthorized use of such Intellectual Property without the prior written consent of Pagean shall constitute a breach and violation of Pageants lawful rights under Applicable Law and shall be treated accordingly.

10.4 Breach of Terms of Use. If Pagean determines in its discretion that a User has breached these Terms of Use, it shall have absolute discretion to adopt or take any of the following measures:

1. Cancel or suspend such User's Huskies Account and immediately terminate its License, with or without prior notice to the User; and
   
   
2. Cancel and refund any orders placed by such User.

10.5 Indemnification. Each and every User hereby acknowledges, undertakes and agrees to indemnify and hold Pagean (including its personnel, directors, officers and representatives) harmless from and against any claims, losses, costs, liabilities, damages, and expenses (including without limitation, reasonable legal fees and the cost of enforcing this indemnification provision) arising out of, resulting from or in any way connected with such User's breach / violation of the provisions of these Terms of Use.

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.

11.1 Severability. In the event that any of the provisions of these Terms of Use are found to be invalid, unlawful or unenforceable, the parties hereto (meaning Pagean and the relevant User) agree: (i) to modify these Terms of Use solely and exclusively as between Pagean and the relevant User so as to give effect to the original intent of such parties as expressed herein as closely as possible and to the fullest extent permitted by Applicable Law; or failing which (ii) that such invalid, unlawful or unenforceable terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.

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:

1. (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
   
   
2. (b) IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF PAGEAN, ITS PERSONNEL, REPRESENTATIVES AND AGENTS TO A USER (OR PERSON CLAIMING THROUGH A USER) ARISING FROM OR RELATING TO THESE TERMS OF USE, THE USE OF THE WEBSITE OR THE USE OF ANY PRODUCTS SOLD THROUGH THE WEBSITE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY SUCH USER TO PAGEAN FOR THE RELEVANT ORDER; AND (B) ANY CLAIMS MADE AGAINST PAGEAN IN RESPECT OF SALES CARRIED OUT VIA THE WEBSITE SHALL BE MADE IN ACCORDANCE WITH THESE TERMS OF USE WITHIN A PERIOD OF SEVEN (07) DAYS FROM THE DELIVERY OF THE RELEVANT ORDER - FAILING WHICH, SUCH CLAIM(S) SHALL BE DEEMED TO HAVE BEEN WAIVED AND FORGONE IN THEIR ENTIRETY.