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TERMS OF SERVICE |
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Welcome
to David Pieris Motor Company Ltd. The use of this
Service is subject to the following Terms of Service
and entry into this site, automatically binds you to
the said terms and conditions which are a pre
requisite to the usage of the Service |
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1. The Service. |
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This site provides the user with access to product
information and provides online services.In order to
gain access to the Service, parties who wish to use
the Service (the Participants) need to first
register with David Pieris Motor Company (for
details of registration obligations see clause 2 ).
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While DPMC will maintain confidentiality of your
registration information, DPMC does not accept
responsibility for the use of any of your personal
information, identification names, credit card
numbers or passwords by third parties who may have
gained access to such information, either with or
without your approval and/or knowledge.
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The Participants agree and acknowledge that all
rights, title, interest in the Service, logos, trade
marks, trade names, proprietary technology, trade
dress, and copyrights are owned and vest solely with
DPMC. The Participant will have no right title or
interest whatsoever in the same except to the extent
of the right of usage allowed by the revocable
license granted by DPMC to a participant upon
registration. |
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2.
Registration Obligations |
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In order to gain access to DPMC site and use the
Service the Participants need to register. In
registering, you agree to provide true and accurate
information as prompted and to update such
information regularly to maintain the correctness
and accuracy of such information. You also assure
that the information provided by you is true,
accurate, current and complete. In the event the
information provided by you is untrue, inaccurate,
not current or complete or where DPMC has a
reasonable suspicion that the information given is
untrue, inaccurate, not current and/or complete,
DPMC has the right to refuse current and/or future
access to its site and/or terminate or suspend your
registration immediately. Where any person below the
age of 18 wishes to register with the DPMC site, the
natural guardian and in the absence of a natural
guardian the legal guardian, agrees and accepts full
and complete responsibility for all acts carried out
by the minor using the DPMC site and DPMC will not
be responsible or liable for any act of such minor.
Your registration data and certain other personal
information is subject to our Privacy Policy (for
details see clause 4). |
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3.
Member Account and Password |
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Upon completion of your registration requirements,
you will receive a member account and password.
Maintaining the confidentiality of this account and
password is your responsibility. You are also fully
responsible for any and every activity carried out
under your account and password, regardless of the
user. In the event of a breach of this security or
unauthorized use of your account and password you
agree to notify DPMC immediately. You are also
responsible to exit from your
account at the end of every session and your failure
to properly exit, where it results in unauthorized
use or misuse of your account, will not render DPMC
liable.
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Upon registration the DPMC site grants the
Participants a revocable, non-exclusive, license to
use the Service, including the proprietory
technology designated during registration for the
purpose of creating a link from the Participant’s
site to DPMC’s site during the participants use of
the Service. The Participant understands and agrees
that this license is issued only for this particular
purpose and the proprietory rights of DPMC may be
used only for the purpose designated. The
Participant acknowledges that he may not, under any
circumstances, copy, re-produce, modify, reverse
engineer, create derivative works or distribute the
same and may not sub-license, assign or transfer any
right or license granted by DPMC. |
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4.
Privacy Policy |
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When
you register with us and use our services, we
collect personally identifiable information about
you. We undertake to protect such personal
information received by us and maintain the
confidentiality of such information. We will not
sell or rent your personal information or disclose
such information to a third party without your
consent. However, where we need to send information
on behalf of you to any other Participant/s to
enable them to serve you or when we are compelled to
reveal such personal information in response to a
law, rule, regulation or court order, we may reveal
such personal information without your consent. In
such event, DPMC will not be in violation of its
privacy policy.
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However, in the instances a third party, obtains
access to such information through sources other
than DPMC, the use of such information through DPMC
site will not make DPMC liable or responsible and
DPMC cannot and will not accept liability for such
use or misuse of the Participant’s personal
information. Where third parties have gained
information regarding a Participant’s account
name/number, password, credit card number, bank
account number etc. either from the Participant
himself or through some other source and use such
information to gain access through David Pieris
Motor Company to any other Participant, or pledges
your credit, David Pieris Motor Company will not be
able to prevent such usage and may not even be aware
that someone is misusing your personal information.
David Pieris Motor Company will not be liable or be
held responsible in such instances. |
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Your account information is password protected for
your privacy and security. Preventing or regulating
the access to your account using your password is
your responsibility.
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You may terminate your status with the DPMC site if
you so wish, at any time. (Please see clause 10 for
details) |
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5.
Member Conduct |
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All information, data, photographs, texts, messages,
videos etc. whether publicly posted or privately
transmitted using the David Pieris Motor Company
link is the sole responsibility of the person from
whom such material originated and not the
responsibility of David Pieris Motor Company.
Therefore, you are responsible for all information
etc. originating from you or uploaded by you via the
Service. David Pieris Motor Company does not control
the material posted via the Service and David Pieris
Motor Company is not responsible for the content or
accuracy or quality or timely delivery of such
content. However, you are under a specific
obligation not to use the Service to |
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Upload, post, email, transmit or otherwise make
available content that is unlawful, harmful,
abusive, harrasing, threatening, vulgar,
obscene, racist, hateful or otherwise
objectionable.
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Promotes stolen, pirated or unlicensed copyright
material.
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Upload, post, e-mail, transmit or otherwise make
available material that violates any laws
regarding unfaircompetition, anti discrimination
or false advertising.Harm minors in any way.
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Impersonate any person.
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Deliberately use, post or transmit information
which you know to be false and/or misleading
and/or deceptive.
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Manipulate identifiers in order to disguise the
origin of the content.
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Make available through public posting or private
transmission information, which you have no
right to make available under any law or
fiduciary, or contractual relationship.
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Infringe any patents, trade marks, trade
secrets, or other intellectual property rights
or rights of privacy and/or provide information
which enables another to infringe such rights
belonging to another party.
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Upload, post, email, transmit or otherwise flood
the web with any unsolicited or unauthorized
advertising, junk mail, chain letters,
sweepstakes, pyramid schemes etc.
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Upload, post, email, transmit or otherwise make
available any material containing viruses,
Trojan horses, worms, time bombs, cancelbots or
other similar harmful programming outlines or
any codes, files or programes designed to
interrupt, destroy, or limit the functionality
of any computer software or hardware or
telecommunication services or equipment.
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Disrupt the services in any manner or alter or
cause to be altered, the functionality of any of
the services, disobey any procedures,
requirements, policies, regulations of networks
connected to the Service or intentionally or
unintentionally violate any applicable laws,
regulations, rules relating to the use or
provision of web based services.
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Stalk or harass another.
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Collect and store personal data of other uses or
misuse such data.
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While
David Pieris Motor Company does not screen content transmitted using
the Service, you agree that David Pieris Motor Company has the right
to screen and remove any material it finds objectionable or in
violation of any of the rules, regulations, requirements or terms of
Service. You also agree and acknowledge
DPMC's
right to
preserve and/or disclose any content in the event we
are required to do so by law or in good faith
believe that such preservation and/or disclosure is
reasonably necessary to comply with any legal
process, enforce the Terms of Service, respond to
any claims of violation of rights, property or
privacy, or for the safety of
DPMC
and its
users and the public. |
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6.
International Use |
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You agree that the global nature of the Internet
requires compliance with all laws, rules and regulations regarding
the use, access of the on-line services and on-line conduct, and
agree to comply with all such requirements. |
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7.
Content Posted to David Pieris Motor
Company |
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Contents posted to David Pieris Motor Company for
publicly accessible areas of the Service by you are
under your world wide, royalty free, non-exclusive
license to David Pieris Motor Company to reproduce,
modify, adapt, display, translate, distribute and
publish such content. |
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8.
Resale and Duplication |
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You agree not to copy, reproduce, duplicate, sell or
resell or exploit for any commercial purpose any
portion of the Service, the use or access to the
Service. |
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9.
Indemnity |
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You agree to indemnify and hold harmless David
Pieris Motor Company, its registered owner,
affiliates, directors, officers, agents, partners,
employees and representatives from any liability,
claims, demands, losses, damage, injury, actions or
suites made, filed or instituted by any third party
due to, arising out of or connected with your use,
misuse or violation of the Terms of Service or your
violation, abuse or misuse of the rights of any
other party, or any representation,
misrepresentation or arising from any warranty or
obligation. |
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10.
Modification of Service |
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David Pieris Motor Company has the right to modify,
suspend, discontinue temporarily or permanently the
Service or any part thereof with or without notice
and you agree that David Pieris Motor Company, its
registered owners or officers will not be liable to
you or any third party for so doing. |
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11.
Termination |
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You agree and acknowledge that David Pieris Motor
Company may at any time terminate your password
account (or any part thereof) or the license to use
the service and remove and discard any content
within the service for any reason it deems
reasonable at its sole discretion and/or terminate
the Service with or without notice. You understand
that the termination of your account or your access
to the Service any provisions of these Terms of
Service may be effected without prior notice and
acknowledge and agree that David Pieris Motor
Company may immediately deactivate or delete your
account and all related information and files in
your account and/or bar any further access to such
files or the Service. Further you agree that David
Pieris Motor Company shall not be liable to you or
any third party for any termination of your access
to the Service.
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The Participant may terminate his registration if he
so wishes by sending an email titled "cancellation"
along with the Participant’s user ID number and
Account information to
Info@dpmco.com. The Participants will be liable for
all accrued until the point of termination. |
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12.
Disclaimer of Warranties |
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You
expressly understand, acknowledge and agree that: |
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Your use of the Service is at your own risk, and
DPMC expressly disclaims all warranties, express or
implied, including but not limited to warranties for
merchantability and fitness for a particular
purpose. |
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DPMC makes no warranty that the Service, |
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>> will meet your requirements,will be uninterrupted,
timely or secure,
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will be error free,
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will be accurate or reliable
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the quality of the products, services,
information or material purchased by you through
the service
or obtained by you will meet your
requirement or expectation. |
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Any material downloaded or otherwise obtained
through the Service is at your sole risk and any
damage caused to your computer system or loss of
data that results from such download will be borne
by you. |
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No advice, information or directions obtained by you
from or through the Service, whether written or oral
will create any warranty on behalf of DPMC. |
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13.
Limitation of Liability |
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You expressly understand, acknowledge and agree that
David Pieris Motor Company will not be liable for
any direct, indirect, incidental, special or
consequential loss caused including exemplary
damages, loss of profit, goodwill, use or other
tangible or intangible losses (whether or not David
Pieris Motor Company has been advised of or is aware
of the possibility of such damages) resulting from, |
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- The use or inability to use the services,
- Unauthorized access to or alterations of your
transmissions or data.
- Statements or conduct of any third party on
the Service.
- Or any other matter relating
to the Service.
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The Service is intended for informational purposes
only and we DO NOT guarantee the accuracy or integrity of the content
of any information package or service obtained by you or for any
decisions made based on such information. |
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14.
Independent Investigation |
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The participant acknowledges that the Participant
has read this agreement and agrees to all its terms and conditions.
The Participant understands that we may at any time (directly or
indirectly) solicit customer referrals on terms that may differ
from those contained in this agreement or operate web sites that
are similar to or compete with participant's web site. Participant
has independently evaluated the desirability of participating and
using the Service and is not relying on any representation, guarantee
or statement other than those set out herein. |
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15.
General |
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Each party shall act as
an independent contractor and shall have no authority to obligate
or bind the other in any respect.
This agreement has been
made in and shall be construed and enforced in accordance with the
laws of Sri Lanka. Any action to enforce this agreement shall be
brought in the Courts of Colombo, Sri Lanka. |
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READ OVER , UNDERSTOOD , AGREED AND ACKNOWLEDGED |
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