Terms & Conditions
Industries" means the website owned and managed by Phoenix Industries
Use of content
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").
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
agree that the Sites and the Services are for your own personal use only
on a single computer or device.
You may not:
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.
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
or use any material from the Sites and/or the Services for any commercial
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
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.
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.
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
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.
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):
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;
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;
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;
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.
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
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
Industries’ usage of your personal information is governed by the Phoenix
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.
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.
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.
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
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.
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
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.
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.
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
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
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
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.
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
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.
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:
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;
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.
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.
only remedy under these Terms and Conditions is to discontinue using the
Sites and the Services.
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
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.
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.
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.
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.
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
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 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.'
- 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.
- 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.
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
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.
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;
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
has the meaning given to it in Clause 2.1;
and Conditions" means the contract between Phoenix Industries and you
incorporating these terms and conditions;
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
Industries” means Phoenix Industries Limited, whose registered office is
at No. 409 3rd Floor Galle Road,
Colombo 05, Sri Lanka and may also be referred to as "Phoenix
Industries ", "we" or "us" in these Terms and
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.
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)
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.
variation in the transaction upper limit / lower limit is at the
discretion of Phoenix Industries.
Product / Product Out of Stock
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.
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
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.
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
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.
- 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 email@example.com 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
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
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.
Conditions or Alterations of Service and Related Promise
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
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.
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
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
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
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
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.