Terms & Conditions
These Terms & Conditions of Use (the “Terms”) govern the terms and conditions of your use of this website, namely www.lcy.lk (the “Website”), which includes all the services availed by you through this Website (the “Services”) and placing orders for the Products.
Your use of this Website creates a binding and legally-enforceable contract between yourself and lcy.lk (the “Company”, LCY STORE “we” and “us”). By accessing this Website and receiving the services and ordering the products provided therein, you acknowledge that you have read, understood and accepted these Terms. If you do not understand or accept any of these Terms or do not wish to be legally bound by them, you should discontinue use of this Website and not place any order.
1.1 Eligibility Criteria:
By using, registering or ordering any product available on this Website (hereinafter referred to as the “Product”), you represent that:
(i) you are at least eighteen (18) years of age;
(ii) you are aware of the local, state, and federal laws regarding purchasing, importing and possession and use of the Products in your jurisdiction;
(iii) you have not been convicted of any criminal offence;
(iv) you are under no legal bar from using this Website and/or ordering Products therein; and
(v) you are not of mentally diminished capacity and are fully competent to understand and follow these Terms and to ensure the safe use of the Products.
1.2 Ordering: If you fulfill the eligibility criteria mentioned in Clause 1.1 above and elsewhere, you are entitled to order Products on this Website. You shall ensure that all information that you provide in the process of use of this Website is accurate and verifiable. You further represent that you are in possession of all the original documents to confirm the information provided by you in such a process.
1.3 No Multiple, Fake Identities: You are only permitted to use one identity/username (and corresponding contact details) at a time. You may not create a username on behalf of any person, whether authorized or not. You may not impersonate any other person while using the Website.
You shall not transfer, assign or sub-license your account to any third party.
Rules of Use
Investigation: The Company has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Website and appropriate legal action may be taken, including without limitation, civil, and injunctive relief.
4.2 Intended Purpose: Your use of the Website shall be limited to the purpose for which it is intended only. By using the Website,
4.3 Prohibited Posts: While using the Website, including any chat or discussion boards therein, you shall not post or enter, or provide external links to:
(i) any defamatory, abusive, harassing material;
(ii) any obscene or pornographic language, pictures or other forms of expression;
(iii) any incendiary language or material that may discriminate any class of persons or any form of hate speech;
(iv) language that expresses disrespect for the any sovereign state and any institutions thereof;
(v) any illegal material or material that encourages any illegal activity;
(vi) disseminate any political, religious or ideological messages or information;
(vii) invite or encourage users to form any interest groups or unions;
(viii) content encouraging conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
(ix) any commercial advertising or solicitation for any business, whether yours or otherwise; or
(x) any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Website.
The Company may fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
4.6 Compliance with Laws: You shall use the Website, the Services and the Products in compliance with:
(i) all applicable laws, rules and regulations of your jurisdiction, including laws pertaining to customs, imports, safety, security, privacy and confidentiality; and
(ii) any judgment or decree binding upon you;
(iii) your contractual and fiduciary obligations with third parties;
(iv) duty and standards of care, safety and security.
5.1 Customs: International orders are shipped at your risk. By placing an international order, you assume all risk of confiscation en route by customs authorities. You shall be responsible solely for payment of all or any customs duties and tariffs. The Company shall not be responsible or liable if the Products are illegal in your jurisdiction or if customs should confiscate or return the merchandise to us, in which case you shall be responsible for all shipping charges including return shipping charges.
5.2 Use of Products: The Company is not responsible for, and shall not be held responsible for, any unsafe, malicious or illegal use of the Products, including imports thereof. In the event of any such use of the Product by you or any third party using the Product you purchased from the Website, you shall hold the Company, its directors, employees, staff, affiliates and vendors harmless from any losses to any person arising therefrom.
5.3 Compatibility: The use of the Website is at your own risk. The Company does not guarantee that it will find a suitable Product in accordance with your requirements within any given time.
5.4 Chats; Discussions: Although the Company may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website.
5.5 Protection of Data: The Company remains committed to protecting the integrity and privacy of your data. However, the Company shall not be liable for any hack, breach or other unauthorized access or use of your information or any other negative consequence despite its best efforts to avoid the same.
5.6 No Verification: The Company has not conducted any verification or due diligence of any information provided by third parties, including the manufacturers and suppliers of the Products, on the Website. In the event of any loss suffered by yourself due to any misrepresentation by any person on this Website, you shall not hold the Company liable. The Company encourages you to conduct your independent due diligence of any Products that you view on the Website, including seeking user reviews thereof.
5.7 Liability: When using the Website, information may be transmitted over a medium that is beyond the control and jurisdiction of the Company. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or information transmitted in connection with the Services.
7.1 Passwords: You are responsible for taking all reasonable steps to ensure that no unauthorized person has or gains access to your password or account. It is your sole responsibility to (i) control the dissemination and use of your login name(s) and password(s); (ii) authorize, monitor, and control access to and use of your Account and password; and (iii) promptly inform the Company if you believe your username/account or password has been compromised or if there is any other reason you need to deactivate your account. To send us an e-mail, use the “Contact Us” link located on the Website, which is provided above. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Website.
7.2 Protection: You are responsible for implementing sufficient procedures, checkpoints and safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction or recovery of lost data.
The Company may, in rare cases, be required to suspend the Website temporarily for maintenance and/or up-gradation. While this suspension may be undesirable for you, the Company will try its best to avoid this outcome and it will do so only when it is absolutely necessary and in the best interests of its valued customers.
Neither the Company nor any of its holdings, affiliates, subsidiaries, associated companies, or their respective shareholders, directors, executives, employees or other representatives, shall be liable or responsible for any direct, indirect, special, incidental, punitive and/or consequential damages arising out of the use, or the inability to use, access to, or reliance upon the information on the Website, in whole or in part, under any circumstances.
By using the Website, the Services and purchasing the Products, you agree to defend and indemnify the Company, its owner(s), shareholder(s) (if applicable), director(s) (if applicable), officers, employees, affiliates, agents, licensors and suppliers and hold them harmless from and against all or any consequences, actions, claims, losses, liabilities, demands and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, or arising out of, or alleged to arise out of:
(i) your breach or violation of any of the Terms;
(ii) your misuse of the Website, the Services or the Products;
(iii) the actions of any person using the User ID and password assigned to you for your account;
(iv) any misrepresentations made by you while using the Website, the Services or purchasing the Products;
(v) any failure by you to meet your obligations and their deadlines while using the Website; and
(vi) any violation of any applicable laws, rules, regulations or code of conduct whether knowingly or otherwise, while using the Website, the Services or the Products.
Intellectual Property Rights
11.1 Title to Intellectual Property: Save as otherwise stated, all intellectual property in the Website, its software and its services, whether in trademarks, copyrights, patents, designs, methods, secrets, source codes, or otherwise, whether registered or unregistered, shall vest in and is the sole and exclusive property of the Company (the “Intellectual Property”). This Intellectual Property also includes but is not limited to:
(i) the “LC Polo.lk” name and logo;
(ii) all text, images, artwork and graphics in the Website, including its layout and design of the Website;
(iii) all copyrights in the software of the Website.
11.2 Use of Intellectual Property: You may only use this Intellectual Property in a manner expressly permitted by the Company. Your use of the Website or otherwise receipt of the Services does not give you the right to copy, modify, reverse-engineer, distribute, reproduce, broadcast, publish, sell, license or derive the source code of any or all of the Intellectual Property.
11.3 Intellectual Property Notices: You shall not remove or otherwise alter any trademarks, copyright and other proprietary notices contained on the Products during your use of the Products.
11.4 Third Party Breach: In the event that you suspect a breach of the Intellectual Property rights of the Company by a third party, you shall promptly notify the Company of such breach, and shall provide all reasonable information in the Company’s attempts to take all legal measures necessary to protect its Intellectual Property.
11.5 International Protection: The Intellectual Property is protected by national copyright law and international copyright conventions. Any use of the Intellectual Property not expressly permitted by the Terms shall be considered a breach of the Terms.
11.6 Violation: If you violate or breach any of the Terms, your permission to use the Website and the Intellectual Property automatically terminates.
11.7 Rights Reserved: All rights not expressly granted herein or are reserved by the Company.
11.8 Survival: This Clause shall survive the termination of these Terms.