Member Terms and Conditions
Last updated: March 5, 2021
1. General
The National Chamber of Commerce of Sri Lanka (NCCSL) offers Members and potential customers of the
Members ("Members") the opportunity promote their businesses and products in return for remuneration
on its Internet platform named "fromSrilanka.com" (hereinafter referred to as the "Site") subject to
the terms and conditions set out herein. The Member should be beyond the legal age to enter in to a
binding contract with NCCSL. This document is a legally binding agreement between you as the user(s)
of the Site (referred to as "Member", "you" and "your" hereinafter) and the NCCSL.
2. Registration/use of its services
2.1 Registration is required to use the website its services. To register, the Member must complete
the online registration process. Upon registration, the Member agrees to these General Terms and
Conditions (hereinafter referred to as: GTC). The Member shall view the relevant GTC online and upon
unconditionally accepting the GTC before registering upon payment. Upon a Member registering on the
Site, each Member shall receive a set of unique Member ID and password.
2.2 With his/her application, the Member confirms that all his/her entered details are accurate,
complete, and truthful. The Member undertakes to keep the information provided in his/her
registration form up to date. If such information is found to be false, incorrect, or out of date,
the Site may block or discontinue the Member’s access Site and its services.
2.3 The Member is personally responsible for keeping his/her login data (login, password) private.
Should an unauthorized third-party gain knowledge of the Member’s data, the Site must be notified
immediately.
2.4 The Member shall not be entitled to demand any authorization to use the Site and its services.
NCCSL has the right to change or even discontinue the operation of the Site and its services at any
time.
2.5 NCCSL may amend any Terms at any time by posting the relevant amended Terms on the Site. By
continuing to access or use the Site and its services, you agree that the amended and restated Terms
will apply to you.
2.6 A set of Member ID and password is unique to a single account. Each Member shall be solely
responsible for maintaining the confidentiality and security of your Member ID and password and for
all use of and activities that occur under your account (whether such use or activities are
authorized or not). No Member may share, assign, or permit the use of your Member account, ID or
password by another person, even to other individuals within the Member’s own business entity (where
applicable). Member agrees to notify NCCSL immediately if you become aware of any unauthorized use
of your password or your account or any other breach of security of your account. NCCSL undertakes
to maintain confidentiality of information marked as confidential by the Members at the point of
registration.
3. Law and Jurisdiction
3.1 Parties will be governed in accordance with the substantive laws of Sri Lanka and shall be
subjected to the exclusive jurisdiction of courts in Sri Lanka for dispute resolution.
3.2 As a precondition condition of your access to and use of the Site or its services, you agree
that you will comply with all applicable laws and regulations when accessing or using the Site or
its services.
4. Member Accounts
4.1 User must be registered on the Site to access or use some Its as a “Member. NCCSL may reject
User’s application for registration for any reason.
4.2 Member agrees that all use of the Site and Its services, and all activities that occur under the
Member's account (including without limitation, posting any company or product information, clicking
to accept any Additional Agreements or rules, subscribing to or making any payment for any its
services, sending emails using the email account or sending SMS) will be deemed to have been
authorized by the Member.
4.3 Member acknowledges that sharing of your account with other persons, or allowing multiple users
outside of your business entity to use your account (collectively, "multiple use"), may cause
irreparable harm to NCCSL or other Users of the Site. Member shall indemnify NCCSL, our affiliates,
directors, employees, agents and representatives against any loss or damages (including but not
limited to loss of profits) suffered as a result of the multiple use of your account. Member also
agrees that in case of the multiple use of your account or Member’s failure to maintain the security
of your account, NCCSL shall not be liable for any loss or damages arising from such a breach and
shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept
the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your
access and use the Site and Its services will be for business purposes only; and (c) for Members who
are business entities, the address you provide when registering is the principal place of business
of your business entity. For purposes of this provision, a branch or liaison office will not be
considered a separate entity and your principal place of business will be deemed to be that of your
head office.
5.2 Member will be required to provide information or material about yourself, your entity, business
or products/its services as part of the registration process on the Site depending on the type of
membership, for your access to and use of any Service or the member account. Each Member represents,
warrants and agrees that (a) such information and material whether submitted during the registration
process or thereafter throughout the continuation of the use of the Site or its service is true,
accurate, current and complete, and (b) you will maintain and promptly amend all information and
material to keep it true, accurate, current and complete.
5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our
database and authorize NCCSL and our affiliates to share the contact information with other Users or
otherwise use your personal information in accordance with the confidentiality terms herein.
5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for
obtaining all necessary third party licenses and permissions regarding any User Content that you
submit, post or display; (b) any User Content that you submit, post or display does not infringe or
violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or
proprietary rights of any third party (“Third Party Rights”); (c) if you are a vendor, you have the
right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or
export the products or its services described in the User Content and such sale, trade, distribution
or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not
the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country,
international organization or jurisdiction (e) If you are a potential customer, use the Site to make
initial introductions to the vendor/his products and not to perform any purchases using the Site or
its services.
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post
or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain anything that fall within the ambit of being defamatory, libelous, threatening or
harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;
e) not violate the Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing
export control, consumer protection, unfair competition, or false advertising, money laundering) or
promote any activities which may violate any applicable laws and regulations;
5.6 Each Member further represents, warrants, and agrees that you shall/are:
a) carry on your activities on the Site in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Site in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Its services or Site to defraud any person or entity (including without limitation
sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person
or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would
constitute a criminal offence, give rise to civil liability, etc) or encourage, aid or abet any
unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate NCCSL’s various proprietary
directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of
damaging, interfering with, intercepting or expropriating any software or hardware system, data or
personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by NCCSL
and/or any user of the Site or gain unauthorized access to such data, systems or networks;
h) not engage in any activities that would otherwise create any liability for NCCSL or our
affiliates.
5.7 Member may not use the Site, Its services or member account to engage in activities which are
identical or similar Site or its services.
5.8 Member agrees to provide all necessary information, materials and approval, and render all
reasonable assistance and cooperation necessary for NCCSL’s provision of the Its services,
evaluating whether Member has breached the Terms and/or handling any complaint against the Member.
If Member’s failure to do so results in delay in, or suspension or termination of, the provision of
any Service, NCCSL shall not be obliged to extend the relevant service period nor be liable for any
loss or damages arising out of or in connection with such delay, suspension or termination.
5.9 Member acknowledges and agrees that NCCSL reserves the right to monitor or exercise any
editorial control whatsoever over the content of any message or material or information (including
User Content) created, obtained or accessible through the Its services or Site. NCCSL does not
endorse, verify or otherwise certify the contents of any comments or other material or information
(including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each
Member is solely responsible for the contents of their communications and may be held legally liable
or accountable for the content of their comments or other material or information.
5.10 Member acknowledges and agrees that each Member is solely responsible for observing applicable
laws and regulations in its respective jurisdictions to ensure that all access and use of the Site
and Its services are in compliance with the same and refrain from accessing the Site or any of its
services in the event any jurisdictional law is thereby violated.
6. Breaches by Members
6.1 NCCSL reserves the right in our sole discretion to remove, modify or reject any content that you
submit to, post or display on the Site which NCCSL reasonably believe is unlawful, violates the
Terms, could subject NCCSL or our affiliates to liability, or is otherwise found inappropriate in
NCCSL’s sole discretion.
6.2 If any Member breaches any Terms, or if NCCSL has reasonable grounds to believe that a Member is
in breach of any Terms, NCCSL shall have the right to take such disciplinary actions as it deems
appropriate, including without limitation: (i) suspending or terminating the Member’s account and
any and all accounts determined to be related to such account by NCCSL in its sole discretion
without liability for any losses or damages arising out of or in connection with such suspension or
termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access
to, or current or future use of any Service; (iii) removing any product listings or other User
Content that the Member has submitted, posted or displayed, or imposing restrictions on the number
of product listings or User Content that the Member may post or display; (iv) imposing other
restrictions on the Member’s use of any features or functions of any Service as NCCSL may consider
appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as
NCCSL may deem necessary or appropriate in its sole discretion.
7. Indemnity
7.1 Each Member agrees to indemnify NCCSL, our affiliates, directors, employees, agents and
representatives and to hold them harmless, from any and all damages, losses, claims and liabilities
(including legal costs on a full indemnity basis) which may arise from your submission, posting or
display of any content, from your access to or use of the Site or Its services, or from your breach
of the Terms or any Additional Agreements.
7.2 Each Member further agrees that NCCSL is not responsible, and shall have no liability to you or
anyone else for any content or other material transmitted through the Site or Its services,
including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from such content or other material rests entirely with the Member. NCCSL
reserves the right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by the Member, in which event the Member shall cooperate with
NCCSL in asserting any available defenses.
8. Transactions Between Buyers and Sellers
8.1 The Site is a platform for exchanging information between buyers and sellers of products and
services. NCCSL additionally provides electronic web-based transaction platforms for Members to
carry out limited transactions, limited to purchasing samples up to a maximum transaction amount
defined at the time and delivery of the same through secure means within the Site subject to the
terms of the Agreement. However, for any its services, NCCSL does not represent either the seller or
the buyer in specific transactions. NCCSL does not control and is not liable or responsible for the
quality, safety, lawfulness or availability of the products or its services offered for sale on the
Site, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
8.2 Members are hereby made aware that there may be risks of dealing with people acting under false
pretences. NCCSL uses several techniques to verify the accuracy of certain information Members
provide when they register for a paying membership service on the Site. However, because user
verification on the Internet is difficult, NCCSL cannot and does not confirm each Member's purported
identity (including, without limitation, paying Members). We encourage you to use various means, as
well as common sense, to evaluate with whom you are dealing.
8.3 Buyers and sellers accessing or using the Site or Its services shall assume the risks of
conducting any purchase and sale transactions directly between the Buyer and seller utilizing the
Site The Members are discouraged from carrying out sales and purchasers directly from the Site.
Buyer and sellers accessing or using the Site or Its services shall also fully assume all risks of
liability or harm of any kind arising out of or in connection with any subsequent activity relating
to the products or its services that are the subject of the transactions on the Site. Examples of
such risks shall include, but are not limited to, misrepresentation of products and its services,
fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or
dangerous products, unlawful products, delay or default in delivery or payment, cost
miscalculations, breach of warranty, breach of contract, transportation accidents, the risk that the
manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of
products or its services offered or displayed on the Site may violate or may be asserted to violate
Third Party Rights, and the risk that Members may incur costs of defense or other costs in
connection with third parties’ assertion of Third Party Rights, or in connection with any claims by
any party that they are entitled to defense or indemnification in relation to the assertion of
rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include
the risk of claims from consumers, other purchasers, end-users of products or other third parties
that they have suffered injuries or harm from their use of the products obtained through the Site or
Its services. All of the foregoing risks are referred to as "Transaction Risks". NCCSL is not liable
or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business
disruptions or expenditures of any kind that may arise a result of or in connection with any
Transaction Risks.
8.4 Buyers and sellers on the Site are solely responsible for setting out and performance of the
terms and conditions of the transactions conducted on, through or as a result of use of the Site or
Its services, including, without limitation, terms regarding payment, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage,
subject to any additional obligations imposed between the buyer and the seller.
8.5 Members agree to provide all information and materials as may be reasonably required by NCCSL in
connection with any transactions conducted on, through or as a result of use of the Site or Its
services. NCCSL has the right to suspend or terminate any Member’s account if the Member fails to
provide the required information and materials without liability for any losses or damages arising
out of or in connection with such suspension or termination.
8.6 In the event that any User has a dispute with any party to a transaction, such User agrees to
release and indemnify NCCSL (and our agents, affiliates, directors, officers and employees) from all
claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any
actual, special, incidental or consequential damages) arising out of or in connection with such
dispute or the transaction.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, the services provided by NCCSL on or through the Site
are provided "as is", "as available" and “with all faults”, and NCCSL hereby expressly disclaims any
and all warranties, express or implied, including but not limited to, any warranties of condition,
quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular
purpose. all such warranties, representations, conditions, and undertakings are hereby excluded.
9.2 to the maximum extent permitted by law, NCCSL makes no representations or warranties about the
validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any
information provided on or through the site; NCCSL does not represent or warrant that the
manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of
products or its services offered or displayed on the site does not violate any third party rights;
and NCCSL makes no representations or warranties of any kind concerning any product or service
offered or displayed on the Site.
9.3 Any material downloaded or otherwise obtained through the Site or Its services is done at each
Member's sole discretion and risk and each Member is solely responsible for any damage to its own or
to NCCSL’s computer system(s) or any loss of data that may result from the download of any such
material. No advice or information, whether oral or written, obtained by any Member from NCCSL or
through or from the Site shall create any warranty not expressly stated herein.
9.4 The Site may make available to Members its services or products provided by independent third
parties. No warranty or representation is made with regard to such services or products. In no event
shall NCCSL or our affiliates be held liable for any such services or products.
9.5 Each Member hereby agrees to indemnify and save NCCSL, its affiliates, directors, officers and
employees harmless, from any and all losses, claims, liabilities (including legal costs on a full
indemnity basis) which may arise from such Member's access to or use of the Site or Its services
(including but not limited to the display of such Member's information on the Site) or from your
breach of any of the terms and conditions of the Terms. Each Member hereby further agrees to
indemnify and save NCCSL, its affiliates, directors, officers and employees harmless, from any and
all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may
arise from Member's breach of any representations and warranties made by Members to NCCSL.
9.6 Each Member hereby further agrees to indemnify and save NCCSL, our affiliates, directors,
officers and employees harmless, from any and all losses, damages, claims, liabilities (including
legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any
claims asserted by Third Party Rights claimants or other third parties relating to products offered
or displayed on the Site. Each Member hereby further agrees that NCCSL is not responsible and shall
have no liability to you, for any material posted by others, including defamatory, offensive or
illicit material and that the risk of damages from such material rests entirely with each Member.
NCCSL reserves the right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you shall cooperate with NCCSL in
asserting any available defenses.
9.7 NCCSL shall not be liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to damages for loss of
profits or savings, business interruption, loss of information), whether in contract, negligence,
tort, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Site or Its services;
b) any defect in goods, samples, data, information or its services purchased or obtained from a
Member or any other third party through the Site or Its services;
c) violation of Third Party Rights or claims or demands that Member's manufacture, importation,
exportation, distribution, offer, display, purchase, sale and/or use of products or its services
offered or displayed on the Site or through the Its services may violate or may be asserted to
violate Third Party Rights; or claims by any party that they are entitled to defense or
indemnification in relation to assertions of rights, demands or claims by Third Party Rights
claimants;
d) unauthorized access by third parties to data or private information of any Member;
e) statements or conduct of any Member of the Site or Its services; or;
f) any matters relating to the Site or Its services, however arising, including negligence.
9.8 Notwithstanding any of the foregoing provisions, the aggregate liability of NCCSL, its
employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each
Member for all claims arising from the access to or use of the Site or Its services during any
calendar year shall be limited to the greater of (a) the amount of fees the Member has paid to NCCSL
in exchange for the access to or use of the Site or Its services during the calendar year and (b)
the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the
requirement by the Member to prove actual damages. All claims arising from the use of the Site or
Its services must be filed within one (1) year from the date the cause of action arose or such
longer period as prescribed under the applicable law governing the Terms.
9.9 The limitations and exclusions of liability to any Member under the Terms shall apply to the
maximum extent permitted by law and shall apply whether or not NCCSL has been advised of or should
have been aware of the possibility of any such losses arising.
10. Force Majeure
10.1 Under no circumstances shall NCCSL be held liable for any delay or failure or disruption of the
content or the Its services accessed or delivered through the Site or the creation or fulfillment of
contracts resulting directly or indirectly from acts of nature, forces or causes beyond its
reasonable
control, including without limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third
parties or any suspension or disruption of transportation or business operation (including but not
limited to delays or disruption of the resumption of work or operation ordered by any government
agency)
in the event of a national or regional spread of epidemic or pandemic.
11. Intellectual Property Rights
11.1 NCCSL is the sole owner or lawful licensee of all the rights and interests in the Site and its
workings. The Site and its workings embody trade secrets and other intellectual property rights
protected under worldwide copyright and other laws. All title, ownership and intellectual property
rights in the Site and its workings shall remain with NCCSL, its affiliates or licensors, as the
case
may be. All rights not otherwise claimed under the Terms or by NCCSL are hereby reserved.
11.2 "NCCSL", “fromSrilanka” and related icons and logos are registered trademarks or trademarks or
service marks of NCCSL. The unauthorized copying, modification, use or publication of these marks is
strictly prohibited.
12. Notices
12.1 All legal notices or demands to or upon NCCSL shall be made in writing and sent to NCCSL
personally, by courier or certified mail to the address set out in contacts. The notices shall be
effective when they are received by NCCSL.
12.2 All legal notices or demands to or upon a Member shall be effective if either delivered
personally,
sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or
email
address provided by the Member to NCCSL, or by posting such notice or demand on an area of the Site
that
is publicly accessible without a charge. Notice to a Member shall be deemed to be received by such
Member if and when:
a) NCCSL is able to demonstrate that communication, whether in physical or electronic form, has been
sent to such Member, or
b) immediately upon NCCSL posting such notice on an area of the Site that is publicly accessible
without
charge.
12.3 Members agree that all agreements, notices, demands, disclosures and other communications that
NCCSL sends electronically will satisfy any legal requirement that such communication should be in
writing.
13. General Provisions
13.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and
NCCSL with respect to and govern your use of the Site and Its services, superseding any prior
written or
oral agreements in relation to the same subject matter herein.
13.2 NCCSL and you are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
13.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be
deleted and the remaining provisions shall remain valid and be enforced.
13.4 Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such clause.
13.5 NCCSL’s failure to enforce any right or failure to act with respect to any breach by you under
the
Terms will not constitute a waiver of that right nor a waiver of NCCSL’s right to act with respect
to
subsequent or similar breaches.
13.6 NCCSL shall have the right to assign the Terms (including all of our rights, titles, benefits,
interests, and obligations and duties in the Terms to any person or entity (including any affiliates
of
NCCSL). You may not assign, in whole or part, the Terms to any person or entity.
13.7 If you have any comments on the Its services we provide to you, you may contact our customer
service support through support@fromsrilanka.com for any such
feedback or questions.