Please read this agreement carefully as it governs your use of our online services (your “Subscription”) and limits our liability to you.
These Terms and Conditions govern your use of our website (the “Company Site”) and your relationship with Track and Click Limited (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not register for or use the Company Site.
By accessing the website at www.queencalypso.com (the “Service”) you are forming a contract and agreeing unconditionally to the terms that appear below. References to “you” and “your” are to you as an individual.
If you have any questions on the Terms and Conditions, please contact firstname.lastname@example.org.
1 General Information
For your convenience, we have listed below some general information about ourselves:
‘We’ are Track and Click (Pvt) Limited and our address is at Rajawatta Terrace, Siebel Avenue, Kirulapona, Colombo 06, Sri Lanka;
Our email address is email@example.com
Our United Kingdom representative is IC Business Solutions Limited of 23 Grosvenor Gardens, London, SW1W 0BP.
Our Company registration number is [insert details of the Company registration Number] (registered in Sri Lanka);
In this Agreement
(1) reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended extended or re-enacted;
(2) words importing the singular include the plural words importing any gender include every gender and words importing persons include bodies corporate and unincorporated and (in each case) vice versa;
(3) any reference to a party to this Agreement includes a reference to his successors in title and permitted assigns; and
(4) the headings to the Clauses are for ease of reference only and shall not affect the interpretation or construction of this Agreement.
3 Entire agreement
This agreement supersedes any prior agreements or arrangements which may have subsisted between us, provided the information you have given to us is not incorrect or fraudulent.
4 Intellectual property
The content of the Company Site is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the Company Site on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Company Site without written permission from the Company.
5 Provision of Service
The Service is provided by the Company. You will receive access to the Service once you have accepted the Terms and Conditions and registered as a member.
You acknowledge that you have provided the Company with accurate and complete registration information and that it is your responsibility to update the Company of any changes to that information (including your email address) by emailing firstname.lastname@example.org.
Each registration is for a single user only. On registration, you will be allocated a user name and password (“ID”). You are responsible for all use of the Service using your ID and for preventing unauthorised use of your ID.
If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify the Company immediately by emailing email@example.com . If the Company reasonably believes that your ID is being used in any way which is not permitted by this agreement, the Company reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.
The Company is continually seeking to improve the Service. The Company reserves the right, at its discretion, to make changes to any part of the Service provided it does not materially reduce their content or functionality.
Following your acceptance of this agreement, we will make the Service available to you .
6 Use of the Company Site
The Company Site is provided to you for your personal use subject to these Terms and Conditions. By using the Company Site you agree to be bound by these Terms and Conditions.
7 Availability of the Company Site
Although we aim to offer you the best service possible, we make no promise that the services at the Company Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Company Site you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Company Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
8 Conditions of use of this website and its on-line service
(1) There are some situations where we cannot accept a completed registration. You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the registration accurately.
(2) You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 8(2) including, but not limited to, any claims made against us by any third party.
(3) Data protection laws exist to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, the law lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about living individuals you enter onto our website directly or include in any message to us will be subject to the data protection laws and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any personal data please feel free to e-mail us with details of the issue first.
(4) In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.
(5) You may only use the trademarks and any downloadable content featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer in accordance with Condition 8(4) above.
(6) You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third-party websites.
(7) We will collate the information which you give us upon registration to provide you with our on-line service. By giving us this information, you consent to our use of it in order to process your registration.
(8) We may also, with your approval, use it for marketing to you our own products and services of a similar nature to those you are interested in. We may also provide this information to other companies who we believe have goods or services relevant to you which they would be able to offer to you.
(9) Please be aware that to the extent permitted by law and expressly provided for in these terms and conditions, we do not accept liability in respect of this website, your use of it or our on-line service.
9 No commercial use
The Service is available for non-commercial domestic use only. The Company reserves the right to refuse registrations that we consider are or could be for commercial or other non-domestic use. You may not re-sell the Service without the prior written consent of the Company.
10 International Use
We make no promise that materials on the Company Site are appropriate or available for use in your location, and accessing the Company Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from you do so, on your own initiative and are responsible for compliance with local laws.
11 User Participation
The Service may include bulletin boards, discussion groups and other public areas that allow feedback to the Company and interaction between users. The opinions, advice and statements contained in messages posted on the Service (“Messages”) are those of the users and not the Company.
12 Warranties and liability
The Company warrants that:
i) it will use all reasonable skill and care in making the Service available to you and in ensuring its availability during your Subscription;
ii) it has the right to License the Content under this agreement; and
iii) it will take reasonable steps to ensure that the software it provides as part of the Service is virus free.
Because of the number of sources from which the Company obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and the Company does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and the Company makes no warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
13 The Company’s liability
The Company will use its reasonable endeavours to remedy faults in the Service during the Subscription. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to any Subscription Fee paid.
The Company will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.
Notwithstanding the above provisions of this clause, the Company’s liability will not be limited in the case of fraud or for death or personal injury caused by the Company’s negligence.
The Company Site provides content from other Internet sites or resources and while the Company tries to ensure that material included on the Company Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If the Company is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Company Site. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
This clause shall not limit or affect our liability resulting from any products sold through the Company Site being found to be unsafe or if something we do negligently causes death or personal injury.
14 Force majeure
We do not take responsibility for any event which is outside our reasonable control nor for any consequential loss arising from such an event.
17 Cancellation and Termination
Once you have registered for the Service, we make the Service available to you. Your access to the Service may be terminated by written notice if you are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these Terms and Conditions affects our lawful operation of the Service or third party customers we may suspend your access to the Service at any time.
18 The Company’s right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can cancel your registration at any time by informing us in writing at email@example.com . If you do so, you must stop using the Company Site.
The suspension or cancellation of your registration and your right to use the Company Site shall not affect either party’s statutory rights or liabilities.
To register on the Company Site you must be over eighteen years of age.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
20 Password and security
When you register to use the Company Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting firstname.lastname@example.org immediately.
If the Company has reason to believe that there is likely to be a breach of security or misuse of the Company Site, we may require you to change your password or we may suspend your account.
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and the Company chooses to ignore this, the Company will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
The Company Site is owned and operated by Track and Click (Pvt) Limited and our address is at Rajawatta Terrace, Siebel Avenue, Kirulapona, Colombo 06, Sri Lanka.
If you have any queries please contact email@example.com.
All notices shall be given to the Company via email at firstname.lastname@example.org or by post at Track and Click (Pvt) Limited, Rajawatta Terrace, Siebel Avenue, Kirulapona, Colombo 06, Sri Lanka or to you at either the email or postal address you provide during or after the registration process.
Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can contact us at the address given in clause 1 above. We will try to do our best to solve any problems that arise.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Company Site. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Company Site. The changes will apply to the use of the Company Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Company Site. If you continue to use the Company Site after the date on which the change come into effect, your use of the Company Site indicates your agreement to be bound by the new Terms and Conditions.
25 Applicable Law
These Terms and Conditions will be subject to the laws of Sri Lanka. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in Sri Lanka.
The Service contains links to other websites and resources, either directly or through frames and, where possible, the Company will make clear where such links are being made. Independent third parties provide these sites and the Company is not responsible and shall not be liable for the availability or content of these outside resources.
27 Advertising and Sponsorship
Parts of the Company Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Company Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
By registering for our Service you are agreeing to receive e-mails about similar products from us in accordance with 8, you agree to allow your e-mail address to be used by ourselves, our associates and carefully selected third parties for the marketing of products and services that are similar or in which you may be interested, you agree to allow your e-mail address to be divulged to selected third parties for marketing and related purposes. If you are not happy for us to do this, then do not register.