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terms and conditions

terms and conditions


Terms and Conditions

1. Introduction

1.1 This website is owned and operated by Nawinna Medicare Hospitals Pvt Ltd. Our registered office is No.416, Nawinna, Maharagama, Sri Lanka..

1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.

2. Applicability of these terms and conditions

2.1 By registering on or using our service, all Users (including Members and non-Members) agree to be bound by these terms and conditions. Unless stated otherwise, all terms apply to all Users.

3. Changes to the terms and conditions

3.1 We may change these terms and conditions at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4. Use of our Service

4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.

4.2 You are not eligible for, and must not use or register on, our Service if you are below the legal age of 18 to form a binding contract with us unless you have the consent of, and only use the Service under the supervision of, your parent or guardian.

4.3 Our Service is designed for, and may only be used in connection with, bona fide Listing transactions.

4.4 You must ensure that all contact, payment and other information (including Listing related data) that you provide to us is accurate and not misleading and that you will update it so that it remains so.

5. Guidance on our site

5.1 Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

6. Security

6.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

7. Payments

7.1 If any amount due to us is unpaid or unjustifiably charged back, we may:

  • a) charge you:
    • (1) a reasonable additional administration fee;
    • (2) the amount of any third party charges imposed on us; and/or
  • b) suspend our Service; and/or
  • c) cancel this agreement on written notice (including email).

8. Suspension / cancellation

8.1 You may at any time cancel this agreement (including your Membership of Nawinna Medicare) by emailing us via our contact form.

A request for cancellation under this clause does not give rise to any refund.

8.2 We are entitled any time by email notice without refund to cancel all or part of this agreement (including your Membership of Nawinna Medicare) if we terminate our Service or Nawinna Medicare as a whole.

9. Functioning of our Service

9.1 We do not guarantee that the Service will be uninterrupted or error free. We will use reasonable endeavours to rectify faults if they occur.

9.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

10. Liability

10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

10.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

  • a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
  • b) such loss or damage was not reasonably foreseeable by both parties;
  • c) such loss or damage is caused by you, for example by not complying with this agreement; or
  • d) such loss or damage relates to a business.

10.4 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your use of the Service and/or your breach of this agreement (except to the extent that we are at fault).

10.5 The following clauses apply only if you are not a Consumer:

We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

11. Privacy

11.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy that is subject to change from time to time.

12. Third party websites

12.1 We may link to third party websites that may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services that they offer. You use such third party sites at your own risk.

13. “Act of God”

13.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

14. Transfer

14.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

15. Complaints

15.1 If you have any complaints, please contact us here or write to our address shown at the start of these terms and conditions.