Terms & Conditions

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using and purchasing services on this website (the 'Website') and in particular clause 11 and 15

1. Introduction


1.1. This document (together with any documents referred to in it) tells you the terms and conditions (the 'Conditions') upon which we will supply the Services listed on this website (the 'Website') to you.
1.2. Before confirming your order please:
1.2.1. Read through these Conditions and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 15
1.2.2. Print a copy for future reference
1.2.3. Read our privacy policy regarding your personal information
1.3. By ordering any of the services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.


2. About us


2.1. This Website is owned and operated by Nero Adventures (Private) Limited ('we'/'us'/'our'), a limited company registered in Democratic Socialist Republic of Sri Lanka under company number: 86884PV having our registered office at No 34/7, Barnes Place, Colombo, 07.
2.2. Our telephone number is +94 (0)76 530 1313.
2.3. Our fax number is +94 (0)41 225 0584 .
2.4. Our email address is This email address is being protected from spambots. You need JavaScript enabled to view it. .
2.5. Ministry of Defence and Urban Development have given us permission to carry out tourist cruises using yacht 'Kimaya'. The approval letter can be found onboard our vessel and at our branches in Weligama and Trincomalee.


3. Communications


3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by email or provide you with information by posting notices on our Website.


4. Access


4.1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
4.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
4.3. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
4.4. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.


5. Registration


5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing services are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Services from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.


6. Eligibility to purchase from the Website


6.1. To be eligible to purchase services on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of an address in the country you are resident in, for the performance or delivery of the Services
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.


7. Price


7.1. The prices of the Services are quoted on the Website.
7.2. Prices quoted are for performance of the Services in the Democratic Socialist Republic of Sri Lanka unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery or performance of our obligations to you or the expiry of the Cancellation Period in clause 11.2 whichever is later.
7.5. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
7.6. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
7.7. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
7.8. Any prices and offers are only valid at the time they are published on the Website.
7.9. All prices and descriptions supersede all previous publications.
7.10. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.


8. Payment


8.1. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the provision of the Service to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered
8.5.2. Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.


9. Order process and formation of a contract


9.1. All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Services from us.
9.3. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.4. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.5. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.
9.6. A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to purchase from us. The Contract will be formed when we send you the Confirmation Notice (whether or not you receive it).
9.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven calendar days of receipt of the Confirmation Notice


10. Performance of Services


10.1. The Services will be performed at the address or by the means specified in the Confirmation Notice.
10.2. The Services will be performed within a reasonable time from the date of the Confirmation Notice.
10.3. We will not be liable for any delay in performing the Services, however caused.


11. Cancelling your Contract and returns


11.1. Cancelling before receiving a Confirmation Notice
11.1.1. You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us by notifying us of your decision to cancel.
11.1.2. You may notify us by sending us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. or a letter to No 34/7, Barnes Place, Colombo, 07 quoting your name, address, the name or a description of the Services and your order reference number.
11.2. Cancellation and refunds after receiving a Confirmation Notice
11.2.1. If you cancel within 14 calendar days before the service is to be provided, there will be no refunds given.
11.2.2. If you cancel within 15 to 30 calendar days before the service is to be provided, there will be a 75% refund given.
11.2.3. In you cancel 31 calendar days before the service is to be provided, a full refund will be given.
11.2.4. You may notify us of your decision to cancel by sending us by email to This email address is being protected from spambots. You need JavaScript enabled to view it. or by post to No 34/7, Barnes Place, Colombo, 07
11.2.4.1. the fully completed cancellation form found on the Website, or
11.2.4.2. a statement of your name, address, the name or a description of the Services and your order reference number.
11.2.5. Upon receiving notice of your cancellation, we will contact you providing any necessary instructions which you will be required to follow.
11.2.6. We will refund you within 14 days of our receipt of your cancellation notice.


12. Complaints


If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by post at No 34/7, Barnes Place, Colombo, 07.


13. Intellectual property


13.1. Services sold or licensed by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
13.2. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Nero Adventures (Private) Limited moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
13.3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
13.4. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
13.5. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
13.6. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.


14. Website use


14.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.
14.2 We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
14.3 We reserve the right to:
14.3.1. Make changes to the information or materials on this Website at any time and without notice to you.
14.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
14.3.3. Refuse to post material on the Website or to remove material already posted on the Website
14.4. You may not use the Website for any of the following purposes:
14.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
14.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
14.4.3. Breaching any applicable local, national or international laws, regulations or code of practice
14.4.4. Gaining unauthorised access to other computer systems
14.4.5. Interfering with any other person's use or enjoyment of the Website
14.4.6. Breaching any laws concerning the use of public telecommunications networks
14.4.7. Interfering with, disrupting or damaging networks or websites connected to the Website
14.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
14.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
14.4.10. To create and/or publish your own database that features all or substantial parts of the Website
14.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
14.5. In addition, you must not:
14.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
14.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
14.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
14.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website


15. Liability and indemnity


15.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
15.1.1. Fraud or fraudulent misrepresentation
15.1.2. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
15.2. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
15.3. We will not be liable if the Website is unavailable at any time.
15.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
15.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
15.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or as a result of your downloading, streaming or otherwise accessing any Digital Content supplied on the Website or from any website linked to it.
15.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
15.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
15.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any loss related to your business, the extent of which was not foreseeable at the time of the contract); or
15.8.2. any loss of goodwill or reputation; or
15.8.3. any special losses or losses not normally reasonably foreseeable at the time of the contract; or
15.8.4. any loss of data; or
15.8.5. wasted management or office time; or
15.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your agreement to purchase the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 15.8.1 to 15.8.6, is strictly limited to the total of the price of and any delivery charges you paid for the Services.
15.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
15.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.


16. Reviews


16.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
16.2. You undertake that any review, feedback or rating that you write shall:
16.2.1. Comply with applicable law in the Democratic Socialist Republic of Sri Lanka and the law in any country from which they are posted
16.2.2. Be factually accurate
16.2.3. Contain genuinely held opinions (where applicable)
16.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
16.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
16.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
16.2.7. Not be used to impersonate any person, or to misrepresent your identity
16.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
16.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
16.5. We reserve the right to publish, edit or remove any reviews without notifying you.


17. Termination


17.1. We reserve the right to terminate an agreement formed with you pursuant to clause 9 and to suspend or terminate your access to the Website immediately and without notice to you if:
17.1.1. You fail to make any payment to us when due
17.1.2. You breach these Conditions (repeatedly or otherwise)
17.1.3. You are impersonating any other person or entity
17.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
17.1.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website


18. Events outside our control


18.1. Except for our obligation under clause 18.4, we shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, event, omission, failure or accident outside of our control ('Event Outside Our Control'), which, without limitation, includes:
18.1.1. A strike, lock-out or other industrial action
18.1.2. Shortages of labour, fuel, power, raw materials where we could not take reasonable action to obtain alternative supplies in time to perform this contract
18.1.3. Late, defective performance or non-performance by suppliers where we could not by taking reasonable action obtain alternative supplies in time to perform this contract
18.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
18.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
18.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions
18.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
18.1.8. Acts, decrees, legislation, regulations or restrictions of any government
18.1.9. Other events, beyond our reasonable control
18.2. Our performance will be deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to minimise any delay caused by the Event Outside Our Control or to find a solution by which our obligations may be performed despite this event. We shall promptly notify you of any Event Outside Our Control giving details of it and (where possible) the extent and likely duration of any delay.
18.3. Where an Event Outside Our Control prevents us from performing our obligations to you within 25 days from the date we sent you the Confirmation Notice, either you or we may terminate the Contract by giving 5 days written notice to the other.
18.4. If the Contract is terminated due to an Event Outside Our Control, we will refund you any money you have paid to us under the Contract.


19. Privacy policy


19.1. In order to monitor and improve customer service, we sometimes record telephone calls.
19.2. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
19.3. You can find full details of our Privacy Policy on the Website.


20. Third party rights


Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists.


21. External links


21.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
21.1.1. The privacy practices of such websites
21.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
21.1.3. The use which others make of these websites; or
21.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources


22. Linking to the Website


22.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
22.2. Any agreed link must be:
22.2.1. To the Website's homepage
22.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in Sri Lanka and the law in any country from which it is hosted
22.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
22.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
22.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
22.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.


23. Notices


23.1. All notices given by you to us must be given to us at No 34/7, Barnes Place, Colombo, 07 or by using This email address is being protected from spambots. You need JavaScript enabled to view it. . We may give notice as described in clause 3
23.2. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email; that such email was sent to the specified email address of the addressee.


24. Entire agreement


24.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
24.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.


25. General


25.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
25.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
25.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
25.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
25.5. All Contracts are concluded and available in English only.
25.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
25.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
25.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
25.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.


26. Governing law and jurisdiction


26.1. The Website is controlled and operated in the Democratic Socialist Republic of Sri Lanka.
26.2. Every purchase you make shall be deemed performed in Democratic Socialist Republic of Sri Lanka.
26.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of Democratic Socialist Republic of Sri Lanka and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Democratic Socialist Republic of Sri Lanka.