Terms and Conditions

“Clickandbuy.lk” means the website owned and managed by Ceylon Tradegenix (Pvt) Ltd.

Use of content

1. 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”).
2. 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.
3. You agree that the Sites and the Services are for your own personal use only on a single computer or device.

You may not

1. 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.
2. 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.
3. copy or use any material from the Sites and/or the Services for any commercial purpose.
4. 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.
5. 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.
6. You may establish a link or “deep link” to the Sites from your site, provided that you have obtained Clickandbuy’s prior written consent and that at Clickandbuy’s sole discretion, the context is relevant and the link or its description is not detrimental to Clickandbuy.
7. Users that are not subscribers to the Clickandbuy Network acknowledge that access to the Sites and/or the Services may be restricted at the sole discretion of Clickandbuy in the interest of fully subscribed customers of the Clickandbuy Network.
8. Some areas of the sites or services may not be accessible for you even you are a subscribed customer of Clickandbuy’s Mobile Telephony Network, depending on the subscribed services and credit limits.

Your obligations

1. 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):
2. 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;
3. circumvent user authentication or security of any host, network or account (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (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 Clickandbuy’s 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 network security may incur criminal or civil liability and Clickandbuy will at its absolute discretion fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;
4. 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 Clickandbuy or other Internet users;
5. 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 Clickandbuy’s reputation or the reputation of any third party.
6. You acknowledge that chat, discussion group or bulletin board services and similar services offered by Clickandbuy 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. Clickandbuy shall not be responsible for and does not control or endorse any Content of any Public Communication Services.
7. If any information provided by you is untrue, inaccurate, not current or incomplete, Clickandbuy 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

Clickandbuy’s usage of your personal information is governed by the Clickandbuy’s Privacy
Policy Statement.

Proprietary rights
 1. All Trade Marks used on the Sites and/or the Services are the trademarks of Clickandbuy or
one of Clickandbuy’s 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 Clickandbuy or the Trade Marks.
 2. You acknowledge and agree that the Services and the Sites or any part thereof, whether
presented to you by Clickandbuy, advertisers or any third party are protected by copyrights,
trademarks, service marks, patents, or other proprietary rights and laws. All rights are
expressly reserved.
 3. 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 Clickandbuy, any member of the Clickandbuy partnerships or any third party,
whether by estoppel, implication or otherwise.
 4. Clickandbuy 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
1. Use of the Sites is currently free. However, Clickandbuy 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.
2. 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
1. 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.
2. 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 Clickandbuy, nor any of its
employees, nor any member of the Clickandbuy’s 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.
 3. In the event of an error or mistake whether technical or human, Clickandbuy 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
4. You acknowledge that Clickandbuy is unable to exercise control over the security or
subject matter of Content passing over the Clickandbuy Network, the Sites or via the Services
and Clickandbuy hereby excludes all liability of any kind for the transmission or reception of
infringing Content of whatever nature.

Liability for third party content
1. The Sites contains links to web sites, web pages, products, and services also operated or
partnered by Clickandbuy and you agree that your use of each web site, web page and
service is also subject to the terms and conditions if any, contained within each website or
webpage or attached to any products or services. These Terms and Conditions shall be
deemed as incorporated into each set of terms and conditions. In the event that there is any
conflict, the terms and conditions contained within the relevant website or web page or
attached to the relevant products or services shall prevail over these Terms and Conditions.
2. Clickandbuy 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.
 3. The Sites and/or the Services may be used by you to link into other websites, resources
and/or networks worldwide. Clickandbuy 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 and/or networks.
 4. Subject to Clause 13, you agree that Clickandbuy does not generally and is not required to
monitor or edit the use to which you or others use the Sites and the Services or the nature of
the Content and Clickandbuy is excluded from all liability of any kind arising from the use of
the Services, and in particular but without limitation to the foregoing, the nature of any
Content. Notwithstanding the foregoing, Clickandbuy reserves the right to edit, bar or
remove any Services and/or Content, at any time as Clickandbuy 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
 1. Nothing in these Terms and Conditions shall act to limit or exclude Clickandbuy’s liability
for death or personal injury resulting from Clickandbuy’s negligence, fraud or any other
liability, which may not by applicable law be limited or excluded.
 2. Clickandbuy 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 networks, user congestion of the Clickandbuy Network or the Internet at the
same time or other causes of interference and may fail or require maintenance without
notice.
 3. Neither Clickandbuy nor any member of the Clickandbuy 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, Clickandbuy specifically excludes all liability whatsoever in respect
of any loss arising as a result of:
a) 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;
b) 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.
 4. 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.
 5. Your only remedy under these Terms and Conditions is to discontinue using the Sites and
the Services.
 6. Clickandbuy 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 may be unlawfully intercepted or accessed by those other than the intended
recipient. For example, your communications may pass over third party networks 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. These
programs may perform actions that you have not authorized, possibly without your
knowledge.

Variation
 1. Clickandbuy 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.
2. Clickandbuy 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.
 3 Clickandbuy offers values additions such as “warranty”, “cash on delivery” and ” delivery” at
the discretion of Clickandbuy and its partners in good faith. Specifics of such value additions
are detailed in the FAQ section of the site. Clickandbuy Reserves the right to revise Terms
and Conditions governing these value additions.
Indemnity
1. You hereby agree to fully indemnify and to hold Clickandbuy 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 Clickandbuy 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 Clickandbuy 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.
2. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal
fees) and judgments awarded against Clickandbuy arising from the above claims and shall
provide Clickandbuy 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
1. 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 Clickandbuy’s
business purposes, such as for quality control and training, to prevent unauthorized use of
Clickandbuy’s telecommunication systems and to ensure effective systems operation and in
order to prevent or detect crime.
Profligate use
 Profligate use of the Clickandbuy GPRS/Data Network is prohibited. Clickandbuy considers
that any application which transmits live video, live audio or make similar excessive traffic
demands across the Clickandbuy Network by whatever means, unless provided by
Clickandbuy, constitutes making profligate use of the Clickandbuy Network. Use of IP
Multicast, other than by means provided and co-ordinated by Clickandbuy is also prohibited.

Termination
1. Clickandbuy 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.
2. Clickandbuy 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 Clickandbuy or if Clickandbuy ceases to offer the Sites and the
Services to its customers for any reason whatsoever.

General
1. Governing Law and Jurisdiction – These Terms and Conditions are governed by and
construed in accordance with the law of Sri Lanka and you hereby submit to the exclusive
jurisdiction of the Sri Lankan courts. 15.2. Severability – 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.
3. Waiver – Clickandbuy’s 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 Clickandbuy in writing.
4. 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.
5. 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 Clickandbuy forthwith.
Clickandbuy may assign these Terms and Conditions in whole or in part to any third party at
its discretion.
6. 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.

 7. Force Majeure – Clickandbuy 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 Clickandbuy 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 Clickandbuy and you incorporating
these terms and conditions;
 “Trade Marks” means the word or mark “Clickandbuy”, however, represented, including
stylized representations, all associated logos and symbols, and combinations of the
foregoing with another word or mark;
 “Clickandbuy” means Clickandbuy.lk (Private) Limited, whose registered office is at 44/1 Haig
Road, Colombo 4, Sri Lanka and may also be referred to as “Clickandbuy”, “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, suggested by the manufacturer or supplier, or estimated in accordance
with standard industry practice; or the estimated retail value for a comparably featured item offered
elsewhere. 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 by one of our Vendors, the list price may be decided by
Clickandbuy and the Vendors at their 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 Clickandbuy and have an upper limit of LKR 100,000 per
order. 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 upper limit is at the discretion of Clickandbuy.

Unavailability of Product / Product Out of Stock
Inventory of all products advertised on Clickandbuy.lk is not managed or maintained by
Clickandbuy.lk. Clickandbuy.lk only acts as an intermediary between the customer and the supplier
for such products. These products may not be available (run out of stock) from time to time due to
overselling by the suppliers, however, the product may be available for purchase on Clickandbuy.lk if
the supplier has not promptly informed us of the fact that the product is unavailable for them to
supply us. In such circumstances, Clickandbuy.lk does not accept any liability whatsoever.In the event of stock unavailability, Clickandbuy.lk will inform the customer within 3 working days,
[P1] and the payment can be refunded within 10 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 supplier has
released the product.

Out of stock / Tickets & Events
Hotel and ticket bookings are subject to hotel and event partner confirmation.
Vouchers once bought are non-refundable, not exchangeable for cash and cannot be reused

Products available for immediate pickup
In relation to the products available for immediate pickup, the Customer may opt either for pick up
from Clickandbuy or for delivery. The delivery of the product is performed by Clickandbuy or a
courier appointed by Clickandbuy as an additional service subject to the delivery terms.
The title of, the products available for immediate pickup, shall pass to the Customer at the time of
the payment.

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 Clickandbuy. Delivery time is generally 2 to 5 business days, however, times could vary
depending on the supplier and Clickandbuy cannot be held liable for any delays. Further,
Clickandbuy cannot be held liable for any delays by the courier companies.

1. 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.
2. Clickandbuy will not be liable for goods that are damaged in transit if the Proof of Delivery
(POD) is signed and the goods are accepted.
3. Please pick up products ordered under the ‘Pick Up’ option within 2 weeks from the specified
product available date for pick up.
4. Clickandbuy will not bear responsibility for the condition of the products which are not
collected within 2 weeks, and Clickandbuy reserves the right to dispose of the product/s if
not collected within one month.

Refunds & Exchanges
Refunds for change of mind will not be accepted.
Products/ services under daily deals are limited time and limited stock promotions that once ordered
and paid are non-refundable. The voucher issues when you purchase the product/ service must be
utilized (redeemed) during the validity period of the voucher. Clickandbuy is not liable for failure to
redeem the voucher under any circumstances and cannot be refunded.
All refunds are processed within 2-3 working days by Clickandbuy (processing times are shown in the
table below). Further processing back to your credit card/ bank account may require additional time
depending on the bank/ institution for which Clickandbuy cannot be held liable.
Refund Type Refund SLA
Cash Cheque 3 days to process
Bank Deposit 3 days to process and 2 days to get realize
Back to Card (V/M & Amex) 3 days to process and 4 days to get realize
Mobile refunds 3 days to process and 2 days to get updated
eZ cash refunds 2 days to process and 2 days to get updated

PRODUCT DESCRIPTIONS/IMAGE
Clickandbuy attempts to be as accurate as possible. However, Clickandbuy 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 Clickandbuy is not as described, you may immediately
contact our customer support at info@clickandbuy.lk or call us on our hotline, and Clickandbuy at its’
discretion shall provide you with a replacement/ alternative product for the same value or provide
you with a refund