Welcome to the official web site of Macbertan (Pvt) Ltd., (the “Site”). By accessing or using the Site, you agree to follow and be legally bound by the following terms and conditions concerning your use of the Site (“Terms of Use”), Policy for Return and Refund and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you. However if you do not agree with all or any of these terms and conditions, you are advised to exit this Site immediately. Any reference to “you” or “your” shall be understood to mean any user or individual accessing this Site. References to ” Macbertan” are references to Macbertan (Pvt) Ltd., and/or their subsidiaries, related, affiliated and associated companies. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site. Although we attempt to keep all information in the world wide web (“WWW”) servers accurate and up to date as far as it is reasonably possible, the accuracy and timelines of the information provided cannot be guarantee. The information provided on this Site is for informational purposes only and make no representations or warranties of any kind regarding same.

1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents
(the “Documents”) from the Site subject to the following:-

i. The Documents may be used solely for personal, informational, non-commercial purposes;
and

ii. The Documents may not be modified or altered in any way. Except where your use
constitutes “fair use” under copyright law, you may not otherwise use, download, upload,
copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any
information from this Ssite in whole or in part without the express authorization of
Macbertan.

iii. The Documents shall not be used for any purpose that is unlawful, prohibited under these
Terms of Use, or intended to solicit, encourage, or facilitate any illegal activity or any
conduct that infringes upon the rights of Macbertan or others.

2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Macbertan Pvt Ltd. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not explicitly granted are reserved.

3. Use of Forums and Public Communication
“Forum” means a discussion group, chat area, bulletin board, news group, letter to Macbertan, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that:

i. is false or misleading.
ii. is defamatory.
iii. is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm
against any group or individual.
iv. is obscene.
v. infringes another’s rights, including but not limited to intellectual property rights.
vi. constitutes unsolicited bulk e-mail, “junk mail,” “spam” or chain letters; or
vii. violates any applicable laws or regulations.

Forums shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by Macbertan, you agree not to collect or store personal data about other users. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Macbertan, you automatically grant (or warrant that the owner of such rights has expressly granted) Macbertan a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all “moral rights” in the content have been waived.

4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Macbertan immediately of any unauthorised use of your password(s) or any other breach of security. However, you could be held liable for losses incurred by Macbertan or any other party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder. Macbertan is concerned about the security of personal information we have collected from you and have taken reasonable steps to prevent unauthorized access to that information.

5. Termination of Use
You agree that Macbertan may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Macbertan or any other person assigned thereto.

6. Third Party Web Sites, Content, Products and Services
The Site provides links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Macbertan is not responsible for the availability of, and content provided on, third party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that Macbertan is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Macbertan is not responsible for:

i. the quality of third party products or services; and
ii. fulfilling any of the terms of your agreement with the third party , including delivery of products or services and warranty obligations related to purchased products or services. You agree that Macbertan is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON
THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY
INCLUDE INACCURACIES, OMISSIONS AND TYPOGRAPHICAL ERRORS.
MACBERTAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT MACBERTAN MAKES NO WARRANTY THAT:
i. THE SITE WILL MEET YOUR REQUIREMENTS.
ii. THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS.
iii. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY
SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE,
OR
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK. MACBERTAN SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
MACBERTAN RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE
OR SUSPEND OR TERMINATE THE OPERATION OF, OR ACCESS TO, THE SITE OR ANY
PART OF IT, FOR ANY REASON AT ANY TIME WITHOUT NOTICE.
MACBERTAN ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY FOR
THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTIES ARISING FROM
OR RELATED TO YOUR USE OF THE SITE. YOU BEAR FULL RESPONSIBILITY FOR
YOUR USE OF THIS SITE AND ANY THIRD PARTY WEBSITES LINKED TO IT.
8. Limitation of Liability
IN NO EVENT SHALL MACBERTAN ITS MANAGEMENT, SUBSIDIARIES, AFFILIATES,
ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, AGENTS AND
IT’S REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN
AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF,
THE SITE OTHER THAN ON ACCOUNT OF GROSS NEGLIGENCE OR WILFUL DEFAULT
ON THE PART OF MACBERTAN. THE SOLE REMEDY AVAILABLE TO YOU IS TO
DISCONTINUE USING THIS SITE.

9. Indemnity
You agree to defend, indemnify and hold harmless Macbertan, its affiliates, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site or breach of these Terms of Use.

10. No Waiver
A failure on the part of Macbertan to insist upon compliance to enforce strict performance of any provisions of these Terms of Use shall not be construed as a waiver of any provision or right.

11. Privacy Policy
Macbertan is concerned about your privacy and has developed a policy to address privacy concerns (“Privacy Policy”) and its terms are made a part of these Terms of Use by this reference. For a complete overview of how we collect, use, store, and safeguard your Personal Data, please consult our Privacy Policy, which is an essential part of these Terms of Use.

12. Note About Children
Minors are not permitted to use the Site, and we ask that they refrain from providing any personal information to us.

13. Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of any applicable laws or regulations.

14. Intellectual Property Rights
All Trade Marks displayed on the Site are owned by Macbertan. You shall not use the Trade Marks, whether design or word marks: (1) as or as part of your own trademarks; (2) in a way that is likely to cause confusion; (3) to identify products to which they are not associated; (4) to imply endorsement or otherwise of products or services to which they are not associated; or (5) in any manner which does or may cause damage to the goodwill of Macbertan or the Trade Marks.

15. Applicable Laws and Jurisdiction
All matters relating to your access to, and use of, the Site shall be governed by laws of the Democratic Socialist Republic of Sri Lanka. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a competent court in the said Republic of Sri Lanka. You and Macbertan agree to submit to the exclusive jurisdiction of the courts in the said Republic of Sri Lanka.