Terms & Conditions

"Phoenix Industries" means the website owned and managed by Phoenix Industries Limited.

Use of content

The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites ("the Services").
You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.
You agree that the Sites and the Services are for your own personal use only on a single computer or device.

You may not:

Remove, change or obscure in any way anything on the Sites and/or the Services or otherwise use any material obtained whilst using the Sites and/or the Services except as set out in these Terms and Conditions.
Reverse engineer or decompile (whether in whole or in part) any software used in the Sites and/or the Services (except to the extent expressly permitted by applicable law) with the exception of the source code provided on the site.
Copy or use any material from the Sites and/or the Services for any commercial purpose.
Remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Sites or obtained as a result of the Services.
Any use of caching, HTTP accelerators such as Harvest, Squid, Netscape proxy or Microsoft Catapult, or similar technology is permitted, however, you have the responsibility of ensuring you are viewing the most recent version of the web-page or content.
You may establish a link or "deep link" to the Sites from your site, provided that you have obtained Phoenix Industries’ prior written consent and that at Phoenix Industries’ sole discretion, the context is relevant and the link or its description is not detrimental to Phoenix Industries.
Users that are not subscribers to Phoenix Industries acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of Phoenix Industries in the interest of fully subscribed customers of Phoenix Industries.
Some areas of the sites or services may not be accessible for you even you are a subscribed customer of Phoenix Industries depending on Phoenix Industries’ sole discretion.

Your obligations

You warrant that you will only use the Sites and the Services in accordance with these Terms and Conditions and in an appropriate and lawful manner and by way of example and not as a limitation that you shall not (and shall not authorize or permit any other party to):
Receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
Circumvent user authentication or security of any host, or account (referred to as "cracking" or "hacking") nor interfere with service to any user, host or (referred to as "denial of service attacks") nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Phoenix Industries’ legitimate web pages (referred to as "page-jacking") or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or security may incur criminal or civil liability and Phoenix Industries will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or security under the leadership of law enforcement or relevant authorities;
Knowingly or recklessly transmit any electronic Content (including viruses) through the Sites and/or the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by Phoenix Industries or other Internet users;
Hack into, make excessive traffic demands, deliver or forward chain letters, "junk mail" or "spam" of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy Phoenix Industries’ reputation or the reputation of any third party.
You acknowledge that chat, discussion group or bulletin board services and similar services offered by Phoenix Industries are public communications and your communications may be available to others and consequently, you should be cautious when disclosing personal or sensitive information or any information which may identify you. Phoenix Industries shall not be responsible for and does not control or endorse any Content of any Public Communication Services.
If any information provided by you is untrue, inaccurate, not current or incomplete, Phoenix Industries has the right to terminate your account and refuse any and all current or future use of the Services or access to the Sites.

Your information

Phoenix Industries’ usage of your personal information is governed by the Phoenix Industries’ Privacy Policy Statement.

Proprietary rights

All Trade Marks used on the Sites and/or the Services are the trademarks of Phoenix Industries or one of Phoenix Industries’ affiliates or partnered companies. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trademarks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; or (5) in any manner which does or may cause damage to the reputation of Phoenix Industries or the Trade Marks.
You acknowledge and agree that the Services and the Sites or any part thereof, whether presented to you by Phoenix Industries, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
You are only allowed to use the Sites and the Services as set out in these Terms and Conditions and nothing on the Sites and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Phoenix Industries, any member of the Phoenix Industries partnerships or any third party, whether by estoppel, implication or otherwise.
Phoenix Industries assumes no responsibility for the violation of any third party copyrights, trademarks, service marks, patents, or other proprietary rights and laws by the third-party web sites which are linked to this Site.

Costs

Use of the Sites is currently free. However, Phoenix Industries reserves the right to charge for access to part or all of the Sites in the future, subject to giving you clear notice when entering any part to which charges apply. Some Services may be chargeable as indicated on the Sites and in any accompanying terms and conditions.
You will need to provide all equipment necessary to access the Sites and the Services on the Internet and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use certain Services or access certain information on the Sites.

Liability for content

It is your sole responsibility to satisfy yourself prior to using the Sites and the Services in any way that they are suitable for your purposes and up to date. The Services and in particular, prices are periodically updated and you should check the Sites and the Services regularly to ensure that you have the latest information. You should also refresh your browser each time you visit the Sites and the Services to ensure that you download the most up to date version of the Sites and the Services.
The Sites and the Services are provided on an "as is" basis. Although every effort has been made to provide accurate information on these pages, neither Phoenix Industries , nor any of its employees, nor any member of the Phoenix Industries’ affiliate or partner companies, their suppliers, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Services or any part thereof contained on the Sites or in the Services.
In the event of an error or mistake whether technical or human, Phoenix Industries reserves the right to cancel any order placed by the customer at any time at its sole discretion and refund the payment back to the customer
You acknowledge that Phoenix Industries is unable to exercise control over the security or subject matter of Content passing over the Phoenix Industries website, the Sites or via the Services and Phoenix Industries hereby excludes all liability of any kind for the transmission or reception of infringing Content of whatever nature.

Liability for third party content

Phoenix Industries assumes no responsibility for and does not endorse unless expressly stated, Content created or published by third parties that are included in the Sites and the Services or which may be linked to and from the Sites.
The Sites and/or the Services may be used by you to link into other websites, resources and/or s worldwide. Phoenix Industries accepts no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources.
Phoenix Industries reserves the right to edit, bar or remove any Services and/or Content, at any time as Phoenix Industries in its sole discretion believes to be necessary in order to prevent any breach of these Terms and Conditions or any breach of applicable laws or regulations.

Exclusion of liability

Phoenix Industries shall use its reasonable endeavors to ensure the maintenance and availability of the Sites and the Services but availability may be affected by your equipment, other communications, user congestion of the Phoenix Industries website or the Internet at the same time or other causes of interference and may fail or require maintenance without notice.
Neither Phoenix Industries nor any member of the Phoenix Industries shall be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the performance of or use of Services available on the Sites and in particular, but without limitation to the foregoing, Phoenix Industries specifically excludes all liability whatsoever in respect of any loss arising as a result of:

use which you make of the Sites and the Services or reliance on Services or any loss of any Services or your Content resulting from delays, non-deliveries, missed deliveries, or service interruptions;
and defects that may exist or for any costs, loss of profits, loss of your Content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Sites and the Services at any time.

All conditions or warranties which may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
Your only remedy under these Terms and Conditions is to discontinue using the Sites and the Services.
Phoenix Industries makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications and information may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party’s over which we have no control. The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorized persons access to your mobile phone and the information stored on your mobile phone and computer. These programs may perform actions that you have not authorized, possibly without your knowledge.

Variation

Phoenix Industries reserves the right to modify the Sites and/or the Services or suspend or terminate the Sites and / or the Services or access to part or all of them at any time.
Phoenix Industries reserves the right to revise these Terms and Conditions at any time. Such variations shall become effective immediately after being posted on the website. By continuing to use this website you will be deemed to have accepted the varied Terms and Conditions.
Phoenix Industries offers values additions such as "warranty", “special offers”, "cash on delivery" and” delivery" at the discretion of Phoenix Industries and its partners in good faith. Phoenix Industries Reserves the right to revise Terms and Conditions governing these value additions.

Indemnity

You hereby agree to fully indemnify and to hold Phoenix Industries harmless from and against any claim brought by a third party resulting from the use of the Sites and the Services or the provision of Content to Phoenix Industries by you and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by Phoenix Industries in consequence of such use of the Sites and the Services or provision of Content or your breach or non-observance of any of these Terms and Conditions.
You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against Phoenix Industries arising from the above claims and shall provide Phoenix Industries with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

Monitoring/recording of communications

Monitoring or recording of your calls, emails, text messages or other communications may take place when required in accordance with the law, and in particular for Phoenix Industries’ business purposes, such as for quality control and training, to prevent unauthorized use of Phoenix Industries’ telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

Profligate use

Profligate use of the Phoenix Industries GPRS/Data is prohibited. Phoenix Industries considers that any application which transmits live video, live audio or make similar excessive traffic demands across the Phoenix Industries website by whatever means, unless provided by Phoenix Industries, constitutes making profligate use of the Phoenix Industries. Use of IP Multicast, other than by means provided and coordinated by Phoenix Industries is also prohibited.'

General

Representations - You acknowledge and agree that in entering into these Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) other than as expressly set out in these Terms and Conditions as a warranty. Nothing in this Clause shall, however, operate to limit or exclude any liability for fraud.
Assignment - You in entering into these Terms and Conditions undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by Phoenix Industries forthwith. Phoenix Industries may assign these Terms and Conditions in whole or in part to any third party at its discretion.
Rights of Third Parties - Except in the case of any permitted assignment of this Agreement under Clause 17.5, a person who is not a party to this Agreement has no right of enforcement of any term or condition contained in this Agreement.
Force Majeure - Phoenix Industries shall not be liable in respect of any breach of these Terms and Conditions due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other parties for whom Phoenix Industries is not responsible.

Definitions

"Access Information" means the access information that we require from you before entering certain parts of the Sites for which you have registered, which may be a username, password, your mobile phone number or CLI or similar recognition device;
"Content" means all data, information, material, and content, including but not limited to text, pictures, photographs, software, video, music, sound, and graphics; "Functionalities" means the services offered on or via the Sites, which may include (but is not limited to) chat, discussion group or bulletin board services or email, SMS or voice messaging services, online transactions, search engines, and e-commerce facilitators;
"Services" has the meaning given to it in Clause 2.1;
"Terms and Conditions" means the contract between Phoenix Industries and you incorporating these terms and conditions;
"Trade Marks" means the word or mark "Phoenix Industries ", however, represented, including stylized representations, all associated logos and symbols, and combinations of the foregoing with another word or mark;
"Phoenix Industries” means Phoenix Industries Limited, whose registered office is at No. 409 3^rd Floor Galle Road, Colombo 05, Sri Lanka and may also be referred to as "Phoenix Industries ", "we" or "us" in these Terms and Conditions.

Pricing

The list price displayed for products on our website may or may not represent the full retail price listed on the product itself. The list price may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale, the list price is decided by Phoenix Industries at their sole discretion.
With respect to items sold through the Site, we cannot confirm the price of an item until you have ordered. Despite our best efforts, a small number of the items in our catalog may be incorrectly priced. If an item's actual price is higher than our stated price, we will, at our discretion, contact you for further instructions, before delivery or cancellation of your order and notify you of such cancellation.

COD (Cash on Delivery; pay cash when product/s is/are delivered to you)

All orders are subject to confirmation from Phoenix Industries. A staff member will contact you to confirm the Order. You cannot cancel the order or refuse to pay when the product/s are delivered to you after your confirmation.
Any variation in the transaction upper limit / lower limit is at the discretion of Phoenix Industries.

Unavailability of Product / Product Out of Stock

Inventory of all products advertised on Phoenix is managed and maintained by Phoenix Industries. These products may not be available (run out of stock) from time to time due to overselling. In such circumstance the product will appear as unavailable or out of stock. In the event of stock unavailability, Phoenix Industries will inform the customer within 3 working days, and the payment can be refunded within 21 working days.
The customer acknowledges and agrees that the only remedy available for the unavailability of a product is the refund of the money paid.
Placement of an order including the payment of the order value by the Customer will be construed as an offer. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is the acknowledgement that we have received your order and has been passed for processing and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, when we have commenced delivery after the full payment for the product has been made by you.

Delivery of Products

Products must be thoroughly inspected before accepting. If the product is damaged or any parts are missing, you must immediately inform the delivery person and not accept the product. If you accept, we consider that the product was in good condition and returns/ refund requests will not be accepted by Phoenix Industries. Delivery time is generally 2 to 5 business days; however, times could vary depending on the delivery partner, country situation (political, economic, environmental or otherwise) and Phoenix Industries cannot be held liable for any delays. Further, Phoenix Industries cannot be held liable for any delays by the courier companies.
Please ensure to check your ordered product/s for any physical damages prior to accepting the delivery. Please do not accept delivery if there are any damages.
Phoenix Industries will not be liable for goods that are damaged in transit if the Proof of Delivery (POD) is checked and the goods are accepted.

Product Descriptions & Images

Phoenix Industries attempts to be as accurate as possible. However, Phoenix Industries does not warrant that product description or other content of any product/ service is accurate, complete, reliable, current, or error-free. If a product/ service offered by Phoenix Industries is not as described, you may immediately contact our customer support at info@phoenix.lk or call us on our hotline, and Phoenix Industries at its' discretion shall provide you with a replacement/ alternative product for the same value or provide you with a refund.

Communicating with us

1. When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

Losses

1. We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

Amendments to Conditions or Alterations of Service and Related Promise

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our Control

1. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

1. You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions. Phoenix Industries’ failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Phoenix Industries in writing.

Termination

1. In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

2. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

3. Phoenix Industries may elect to suspend, vary or terminate the Services and the Sites at any time without prior notice for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever.

4. Phoenix Industries may elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, delayed or non-payment of sums due to Phoenix Industries or if Phoenix Industries ceases to offer the Sites and the Services to its customers for any reason whatsoever.

Governing Law and Jurisdiction

These terms and conditions are governed by and construed in accordance with the laws of The Democratic Socialist Republic of Sri Lanka. You agree, as we do, to submit to the exclusive jurisdiction of the courts, of Sri Lanka having jurisdiction over the place on which our Registered Office is situated at the time of institution of legal proceedings. These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.

Disclaimer

You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site

Entire Agreement

These terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Phoenix Industries Limited.

Term And Conditions