TABLE OF CONTENTS

1. Agreement to Terms

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Truly Ceylon Tea (Pvt) Ltd. A company registered in Sri Lanka under registration number PV00219801, with its registered offices at Level 37, West Tower, World Trade Centre, Echelon Square, Colombo 01, Sri Lanka ("Truly Ceylon", “Truly Ceylon Tea”, “Truly Ceylon Tea Shop”, "we", "us", "our", “The Company”)., which owns and operates the websites located at www.trulyceylontea.com and shop.trulyceylontea.com (Website), concerning your access to and use of the website as well as any related goods and services (Services).

The Site provides the following services: Sale of premium tea; Tea subscriptions (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4  We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5  The products or services provided on our Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6  The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.7  Additional policies which also apply to your use of the Site include:

• Our Privacy Notice (https://www.trulyceylontea.com/privacy), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Cookie Policy (https://www.trulyceylontea.com/cookie-policy) which sets out information about the cookies on the Site.
• Our Shipping Policy (https://www.trulyceylontea.com/shipping) shall apply whenever you purchase products or services from our website.
• Our Cancellation and Returns Policy (https://www.trulyceylontea.com/shipping) shall apply whenever you purchase products or services from our website.

2. Acceptable Use

2.1  By using Our Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of Our Site. If you do not agree to be legally bound by all the following terms, please do not access and/or use Our Site.

2.2  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

2.3  As a user of this Site, you agree not to:

2.3.1  Copy, reproduce, download, distribute, post, broadcast, transmit, alter, adapt or make derivative works of the website content in any way, other than for your own personal, non-commercial use. Any use of our website content requires prior written approval of Truly Ceylon Tea.

2.3.1  Use our Site for any unlawful purposes, or in a way that infringes the rights of, or restrict or inhibit anyone else's use and enjoyment of, Our Site, which include but not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow and functionality of Our Site.

3. Copyright notice

3.1  All material and content on this website including without limitation, the names, logos, and images identifying Truly Ceylon, our products, and services, are subject to copyright, design rights and trademarks of Truly Ceylon Tea and/or third parties where applicable. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Truly Ceylon or any other third party.

3.2  User provided content

3.2.1  By submitting any user contributions to our site (including text, photographs, graphics, video or audio), you grant Truly Ceylon a perpetual, royalty-free, non-exclusive, irrevocable license to use, reproduce, modify, create derivative works from, publish, broadcast, distribute and exercise all copyright and publicity rights to your contribution worldwide and/or incorporate your contributions without restriction and without attribution to you, in other works, in any media now known or later developed, in accordance with our Acceptable Use Policy and Privacy Policy. Please refrain from submitting any contributions if you do not wish to grant Us the rights mentioned above.

3.2.2  You understand and agree that all contributions sent to us including reviews, feedback data, questions, comments, suggestions (Feedback) are deemed to be non-confidential and may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4. Information you provide to us

4.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

4.2  If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password you must promptly notify us at [email protected].

4.3  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such username is inappropriate.

5. Content you provide to us

5.1  In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy stated in Section 2.

5.2  By submitting your contribution to us you:

5.2.1  warranty that:

a  Your contribution is your own original work and have the right to make it available to us;

b  The Content does comply with our Acceptable Use Policy;

c  Does not infringe on any law or regulation; and

5.2.2  You will be liable to us and indemnify us for any breach of that warranty. This includes all legal fees, damages, fines and other expenses that Truly Ceylon may incur as a result of your breach of above warranty; and

5.2.3  Waive any, and all moral rights in your contribution for the purposes of its submission and publication on our sites and the purposes specified in sub-sections of sections 3.2

5.3  We have the right to remove any User Content you put on the Site if, in our sole opinion, such User Content does not comply with our Acceptable Use Policy.

5.4  If you wish to complain about User Content uploaded by other users please contact us at [email protected].

6. Our content

6.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.

6.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6.3  Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

6.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

6.5  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action solely on the basis of the content on the Site.

6.6   Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, to the maximum extent permitted by law, that Our Content on the Site is accurate, complete or up to date.

7. Link to third party content

7.1  The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We accept no responsibility, and do not endorse any third-party websites or applications or their availability or content.

7.2  If you agree to purchase goods and/or services from any third-party websites whom we link to in our Sites, you do so at your own risk. The third-party website or operator, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the said third party.

8. Site Accessibility and Availability

8.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

8.2  We endeavour to provide the highest security when visiting and performing transactions on Our Site. We make use of the latest technology to ensure that all data transmitted to and from our servers are protected against online threats. Secure Socket Layer (SSL) encryption is used to ensure that all credit card and transactional information is secure. However, we do not guarantee that the Site will be secure or free from bugs or viruses or other harmful content.

8.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

8.4  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason or no reason at all, at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.5  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

8.6  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1  The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis. Consequently, we do not warrant that functions contained in Our Site content will be uninterrupted or error free, that defects will be corrected, or that Our Site or the server that makes it available are free of viruses, bugs or other harmful content. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2  Product images shown on Our Site are for reference purposes only and may not reflect the true size, proportions, shape, or colour of the product. To the extent permitted by law and without prejudice to any trade regulations, we exclude all implied conditions, warranties, representations, or other terms that may apply to Our Site or any content on it.

9.3  The company shall not bear liability under any circumstances for incidental or consequential losses or damages including, but not limited to the following, regardless of whether such losses were foreseen, foreseeable, known or otherwise.

a  Loss of data

b  Loss of revenue or anticipated profits

c  Loss of business or opportunity

d  Loss of goodwill or injury to reputation

e  Losses suffered by third parties; or

f  Any indirect, consequential, special or exemplary damages arising from the use of this website regardless of the form of action.

9.4  Content on Our Site may contain links to other websites. Truly Ceylon accepts no responsibility for the content, accuracy or function of such websites nor do we endorse the contents of such sites.

9.5  We do not accept responsibility nor liability for any User provided content including any such content that contains incorrect information or is deemed defamatory. We do not accept any obligation to screen, edit or monitor any User Content, however reserve the right to screen, edit or monitor any User Content without notice, and at our discretion. We also undertake no obligation to provide justification for moderating user contributions and reserve the right to edit or delete user content for any reason or no reason at all.

9.6  Any views or opinions expressed by users of our website, or contained in other websites that we affiliate with, are of their own and do not represent our views or values.

9.7  Subject to above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted by law. Your statutory rights are not affected.

10. Term and Termination

10.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected]

10.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

10.3  If we terminate or suspend your account for any reason set out above, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Written Communications

11.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

11.2  You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12. Order placement and formation of sales contract

12.1  By placing an order on our site, you constitute an offer to buy our product(s) and/or service(s). All orders are subject to acceptance by us, and the contract between you and Truly Ceylon will only be formed, and our contractual obligation to fulfil the order will only begin, once the order is accepted by us. Our acceptance of the order will be confirmed to you by sending you an email confirming that the order has been accepted (Order Confirmation).

12.2  Our contractual obligations are applicable only to Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

13. Order cancellation and returns

Please refer our Cancellation and Returns Policy

14. Product availability

14.1  All Products offered are subject to availability. Whilst reasonable efforts are made to identify any “out of stock” products on Our Site, we may on occasions, run out of stock during the trading day due to large or high frequency of orders. We will contact you via email and make alternate arrangements if you order cannot be fulfilled in part or in full, due to unavailability of product(s).

15. Local and International Deliveries

15.1  Please refer our shipping policy.

16. Risk and title

16.1  Ownership of the Products will only be transferred to you when we receive full payment of all sums due as stated in the Order, in respect of the Products, including delivery charges.

16.2  The risk of the Products will be transferred to you from the time of accepting delivery.

17. Price and payment

17.1  The price of any Products will be as quoted on Our Site at the time of placing your order, except in cases of obvious error.

17.2  The prices mentioned on the website are inclusive of taxes where applicable, but exclude delivery costs, which are dependent on the mode of delivery you choose, and therefore will be added to the total amount due, at the time of checkout.

17.3  We reserve the right to change product prices from time to time, however, such changes in price shall not affect orders for which we have already sent you a dispatch notification. Whilst reasonable efforts are made to ensure the accuracy of prices, it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced. In the event a Product's correct price is found to be less than our stated price, we will charge the lower amount and refund you the difference in amount, to the same source of funds provided by you during checkout. If a Product's correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

17.4  We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

17.5  We have chosen PayHere™ as our Payment Service Provider. PayHere is a PCI-DSS (Payment Card Industry Data Security Standard) certified payment processor approved by the Central Bank of Sri Lanka. PayHere provides a secure payment gateway that processes payments of many online businesses, including ours, and utilise a range of industry standard security methods to secure transactions. The payment screen shown during checkout on our website merely acts as a window (or “frame”) in which the PayHere system operates. This ensures that your sensitive card information is processed directly by the payment gateway and are not revealed to any other party, including us.

Please visit the PayHere knowledge base at https://support.payhere.lk/faq/general-questions to find out more about PayHere and payments security.

17.6  Payment for all orders must be made by PayPal or using a credit or debit card including (Visa, Visa Debit, Master Card, American Express) as supported by PayHere™, our payment processor. Payment will be charged at the time of placing the order, to the source of funds provided by you.

17.7  You undertake responsibility for the accuracy of the details you provide to us for the propose of ordering or purchasing Products, and that the source of funds you provide during checkout such as credit or debit card, is your own and that there are sufficient funds to cover the cost of the Products or services ordered.

18. Laws and jurisdiction

18.1  Access and use of our website, including contracts for the purchase of Products or services through Our Site will be governed as per the law of the Democratic Socialist Republic of Sri Lanka.

18.2  Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Sri Lanka and, referred to arbitration in accordance with the laws of Sri Lanka as if the contracts were wholly entered into and performed wholly within Sri Lanka.

19. Miscellaneous

19.1  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

19.2  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

19.3  We may assign any or all of our rights and obligations to others at any time.

19.4  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

19.5  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

19.6  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

19.7  A person who is not a party to these Terms and Conditions shall have no right under the Contracts to enforce any term of these Terms and Conditions.

19.8  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected] or by post to:
Truly Ceylon Tea (Pvt) Ltd.
Level 37, West Tower,
World Trade Centre,
Echelon Square,
Colombo 01.
Sri Lanka.