Terms of Use
Welcome to the SMI Group of Companies. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you

Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.


1. Use of Web Site Information

 

SMI grants you a limited, non-transferable license to use this site in accordance with these terms and conditions you may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following:

2. Use of Software

 

Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and SMI. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not explicitly granted are reserved.

3. Use of Forums and Public Communication

 

"Forum" means a discussion group, chat area, bulletin board, news group and letter to SMI, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post and publish or otherwise transmit through a Forum any content that:

Forums shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by SMI Group of Companies, you agree not to collect or store personal data about other users.

By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to SMI, you automatically grant (or warrant that the owner of such rights has expressly granted) SMI a worldwide, perpetual, royalty-free, irrevocable, non-exclusive and fully sublicenseable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all "moral rights" in the content have been waived. SMI takes no responsibility and assumes no liability for any content posted, uploaded, published or submitted by you.

SMI may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that SMI deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review.

4. Passwords and Security

 

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify SMI immediately of any unauthorized use of your password(s). However you could be held liable for losses incurred by SMI or any other party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.

SMI Group of Companies is concerned about the security of personal information we have collected from you and have taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use

 

You agree that SMI may, in its sole and absolute discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by SMI or any other person assigned thereto.

Such termination shall not affect any right to relief to which SMI may be entitled, at law or in equity. Upon termination of these terms and conditions, all rights granted to you will terminate and revert to SMI

SMI shall not be liable for any losses arising in consequence of the termination of your access to the Site.

6. Third Party Content, Products and Services

 

The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site which are provided solely as a convenience to you and not as an endorsement by SMI of the contents of such other Web sites. You agree that SMI is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that SMI is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that SMI is not responsible for:

7. Disclaimer

 

Except where expressly provided otherwise, the site, and all content, materials, information, software, products and services provided on the site, are provided on an "as is" and "as available" basis and may include inaccuracies, omissions and typographical errors. SMI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement and those arising by statute or otherwise in law or from a course of dealings or usage of trade. SMI makes no warranty that:

Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. SMI shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

SMI reserves the right to make changes or updates to the site at any time without notice.

8. Limitation of Liability

 

In no event shall SMI its subsidiaries and affiliate companies be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site other than on account of gross negligence or willful default on the part of SMI.

If, notwithstanding the foregoing, SMI should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of SMI shall in no event exceed Sri Lankan Rupees 10,000.

To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within ……..from the date on which such claim or action arose or accrued.

9. Indemnity

 

You agree to defend, indemnify and hold harmless SMI PLC, its subsidiaries and affiliated companies, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

10. Privacy Policy

 

SMI is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy here.

11. Note About Minors

 

Minors (less than 16) are not eligible to use the Site, and we ask that they do not submit any personal information to us.

You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.

12. Legal Compliance

 

You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of any applicable laws or regulations.

13. Additional Terms

 

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of this site, and you agree to abide by such other terms and conditions.

14. Applicable Laws

 

All matters relating to your access to, and use of, the Site shall be governed by laws of the Democratic Socialist Republic of Sri Lanka. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a competent court in the said Republic of Sri Lanka. You and SMI agree to submit to the exclusive jurisdiction of these courts, and agree that venue is proper in such legal action or proceeding.

15. Injunctive Relief

 

You acknowledge that a violation or attempted violation of any of these terms and conditions will cause such damage to SMI as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that SMI shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by SMI in obtaining such an injunction, including, without limitation, reasonable attorney's fees.