Disclaimer


TERMS OF USE

Last updated 15TH November 2017

These Terms of Use apply to the website operated by Granite Capital (Pvt) Ltd with its registered office at c/o CHART Business Systems (Pvt) Ltd, 141/3 Vauxhall Street Colombo 2, Sri Lanka (“Granite Capital”, the company”, "we", 'us" or "our") at or in connection with the domain name www.catalinasrilanka.com and www.catalinakoggala.com and www.catalina.lk("Website").

By using the Website you agree to be bound by these Terms of Use. Use of the Website includes accessing, browsing, registering, communicating or uploading or downloading any content. If you do not agree with any of these terms, do not access or otherwise use the Website or any Content (as defined below) accessible through the Website.

We may revise these Terms of Use from time to time and such revision will take effect when it is posted on the Website. Your continued use of the Website will be regarded as your acceptance of these Terms of Use as amended.

By using the Website, you represent, acknowledge and agree that you are at least 18 years of age or, if you are under 18 years of age (a “Minor”), that you are using the Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Website and agree to these Terms of Use. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms of Use and to hold us harmless if the Minor breaches any of these Terms of Use.

01 . OWNERSHIP OF CONTENT

All copyright in all materials and information on the Website including, without limitation, any logo, design, text, graphic, video, sound, information, software and the arrangement of any of the foregoing (“Content”) are owned by or licensed to the company.

Subject to your compliance with these Terms of Use, we hereby grant you a limited, personal, non-exclusive, and non-transferable license to display the Content and to use the Website solely for your personal use. Except for the foregoing license, you have no other rights in the Website or any Content.

We reserve the right to amend or remove any Content from the Website at any time, for any reason.

Any feedback sent to us through the Website including, but not limited to, questions, comments and suggestions (collectively "Feedback"), will be deemed to be non-confidential and ownership of any right in the Feedback shall vest on its creation in the company. For the avoidance of doubt, we are free to use, reproduce, modify, adapt, disclose, exhibit, display and distribute the Feedback to others, including any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback without any notice or payment to you.

02. TRADE MARKS

The word "Catalina, Koggala" and the following logo are owned by Granite Capital and registered in Sri Lanka for our exclusive use.

Catalina - Kiggala

Any other trade marks appearing on this Website are either owned by us or a third party. You must not use any trade marks, including those trade marks specified above, that appear on the Website without the written consent of us or the applicable trade mark owner.

03. LINKS

The Website may provide links to or allow you to interact with other websites which are under the control of third parties ("Third Party Websites"). You acknowledge and agree that the terms and conditions and/or privacy policies that apply to such Third Party Websites may differ from those that apply to the Website, and you further acknowledge and agree that your use of such Third Party Websites is governed by the respective terms and conditions and/or privacy policies of the Third Party Websites. These links are provided for your information only, and we have no control over and do not monitor or endorse the content of Third Party Websites. We make no representations about and do not accept any liability in relation to Third Party Websites.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

You may not create a link from another website or document to the Website without our prior written consent.

04. PRIVACY

Granite Capital treats personal data with privacy, respect and integrity. We handle all personal data (being information which is capable of identifying an individual) in accordance with applicable privacy laws, respect and integrity.By providing your personal data to us you consent to the collection, processing and use of your personal data as described here.From time to time, we may change the manner in which we deal with personal data or the types of personal data which we hold. Any such changes will be published on our website.

The personal data that we collect will vary depending on the reason for collecting the data. In all cases, we will collect personal data about an individual that is relevant to our business relationship with them. This data may include, without limitation, the individual’s name, physical address, e-mail address, telephone number, fax number, and preferences.In some cases, we may be required to collect certain types of personal data by law.

While you are not obligated to provide any personal data to us, if you do not provide us with personal data we may not be able to provide our products and services to you or process your request.

We automatically collect the IP address of your device and the type of browser you are using. We use this information to direct you to the content we consider appropriate to your geographical location and/or to the mobile, tablet- or desktop-optimised website we consider most appropriate. We also automatically collect certain information about your use of the website using cookies.

We usually collect personal data directly from the individual to whom it relates, including over the telephone, by correspondence (e.g., letter, fax or email), electronically or in person. However, we may also collect personal data from third parties with whom we do business.

We use personal data to enable us to provide and improve our products and services, our use of, and methods of, communication, to undertake research and analysis, and for administrative, business-related and marketing purposes (including marketing by electronic means). Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt out instructions provided in the communication.

We also use personal data to protect our rights and interests, the rights and interests of other website users and any other person, and as necessary to enforce our Terms of Use. In addition, we use personal data to comply with applicable legal or regulatory obligations, including in connection with requests from law enforcement or other governmental authorities.

We use cookies on the website. A cookie is a small text file that the website may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up the website for any of your future visits to the website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.

We also use Google Analytics and other web analytic tools to collect information about how users interact with the website. These tools use cookies to collect information in an anonymous form, including the number of visitors to the site, from where visitors have come to the site and the pages they visited. We use the information generated by these tools to prepare reports and improve the customer experience of the website.

We have enabled Google Analytics Demographics and Interest Reporting features on the website to allow us to review information about users of the website, including identifiers such as users' age, gender, interests, and other categories based on acquisition, behaviour, and conversions metrics. We may use this information to enable us to make decisions about what information to include on the website and how to present it. We have also enabled Google Display Network Impression Reporting on the website to allow us to track how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to site visits to the website. We and our third-party suppliers, including Google, use first-party Google Analytics cookies together to collect the data for the Google Display Network Impression Reporting functionality.

You may opt-out of tracking from Google Analytics and/or the Google Analytics Advertising features enabled on the website by refusing the use of cookies by selecting the appropriate settings on your browser, through configuring the Google Ad settings or by installing the Google Analytics Opt-out Browser Add-on.

The website currently does not respond to Do Not Track signals in browsers.

We may transfer or disclose personal data to the following parties:

  • affiliated companies and their employees;
  • external service providers, such as contractors, consultants or suppliers who assist us in providing our products and services ;
  • government agencies and law enforcement bodies; and
  • other parties as permitted by law.
  • We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information and may not provide the same level of protection. By providing your personal data to us you consent to the transfer of your personal data to a country other than your own.

    We may also transfer personal data in connection with a merger or sale involving all or part of the company or as part of a corporate reorganisation or share sale or other change in corporate control.

    We may disclose, use, aggregate, anonymous, pseudonymised or de-identified information about users for marketing, advertising, research, compliance, or other purposes.

We take reasonable steps protect personal data from misuse, interference or loss and unauthorised access, modification and disclosure with appropriate safeguards and security measures and restrict access to those who have a legitimate business purpose and reason for accessing it. We store most data about you in computer systems and databases operated by either us or our external service providers. However, safeguards and security measures apply to personal data in both electronic and hard copy form.

Personal data is only retained for as long as it is necessary for the identified purposes, to the extent necessary for purposes reasonably related to those identified purposes (for example, resolving disputes) or as required by law.If you wish to request access to, correction of, an update to or erasure of your personal data, you can contact us using the contact details set out below. In most circumstances we will allow you access to your personal data (including where you wish to verify your personal data). However access may be refused where we are permitted or required by law to refuse access to such data. If we refuse your request to access your personal data, we will provide reasons for the refusal.

You may also contact us to object to our handling of your personal data on legitimate grounds relating to your situation. We request that you provide us with as much detail as you can about the particular personal data concerned in order to help us consider and, if appropriate, action your request.In some countries, you may be entitled to request a copy of the personal data relating to you which we hold. If you wish to exercise this right, please contact us on the details set out below. There is no fee for requesting that your personal data be corrected or for us to make corrections. We reserve the right to charge a fee (where permissible) to cover the reasonable costs incurred by us in processing your request to access your personal data, such as photocopying, administration and postage costs.

05. USER CONDUCT

You are responsible for all of your actions in connection with the Website. Any fraudulent, disruptive, abusive or illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must act in accordance with the law and in a manner that is not otherwise anti-social, and you must not (except if expressly permitted by applicable law):

  • disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or linked websites;
  • disrupt or interfere with any other user's enjoyment of the Website or linked websites;
  • use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
  • reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
  • use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal, fraudulent or antisocial activity;
  • attempt to obtain unauthorised access to the Website or parts of the Website that are not opened to public access; or
  • post or transmit to or via the Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.

    The prohibitions above are examples only and the list is not complete or exclusive. We reserve the right to terminate your access to the Website for any action that we determine is inappropriate or disruptive to the Website or to any other user of the Website.

    If we issue you with a password that permits you to access certain parts of the Website, you are solely responsible for any use of the Website using that password, whether authorised or not. You must treat any such password as confidential, and not disclose it to any third party. If you know or suspect that anyone else knows your password, you must contact us using the details below.

    You must comply with all laws and regulations that relate to your use of or activities on the Website. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the internet.

06. INDEMNITY

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages arising out of or relating to any breach of these Terms of Use by you or which arises in connection with any user of your login credentials.

07. WARRANTIES AND DISCLAIMERS

THE CONTENT AND THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

While we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that the Website will be suitable for your purposes, that the Website, Content or information obtained from the Website is accurate, complete or reliable, or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes to the products, services or programs described in the Content at any time without notice. Such improvements or changes may render the Content inaccurate, incomplete or unreliable. This Website contains purely conceptual illustrations and descriptions of buildings, construction, physical attributes, facilities and services. Nothing included, excluded or omitted here serves as a representation or depiction of the finished products’ physical attributes, facilities and services and cannot serve to create any legal liability. The materials, designs, layouts and applicants and fixtures may change, without notice. We reserve the right to change, modify, replace, remove or omit any aspect or portion of the buildings, construction, physical attributes, facilities and services prior to completion. The timing and phasing of construction may vary in any manner that we deem fit. Unauthorised use, reproduction, display or dissemination of any portion of this material is prohibited.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

  • constitute an offer or inducement to enter into a legally binding contract;
  • form part of the terms and conditions for our products and services;
  • purport to provide you with personal advice of any kind; or
  • take account of your particular position or requirements.

Images and diagrams on the Website are intended to be a visual aid only and do not necessarily accurately depict the object described.

Your use of the Website including Content is at your own risk. Before taking or refraining from any action in reliance on the Content or the Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained on the Website.

08. LIMITATION OF LIABILITY

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under any legislation which may not be excluded, restricted or modified by these Terms of Use.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS EXPRESSLY EXCLUDE ALL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES, LIABILITIES, CLAIMS AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL COSTS AND SETTLEMENT COSTS) WHATSOEVER, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE CONTENT OR THE WEBSITE (OR INFORMATION OR MATERIAL ACCESSED VIA THE WEBSITE), OR TO ACCESS OF THE WEBSITE BY YOU, HOWSOEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE.

09. TERMINATION AND SUSPENSION

We may, without notice and in our sole and absolute discretion, discontinue, suspend or terminate your access to the Website or any service offered by or through the Website.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

10. SEVERABILITY

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.

11. WAIVER

Waivers must be in writing. No failure to enforce or waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

12. APPLICABLE LAW

These Terms of Use are governed by and construed in accordance with the laws of Sri Lanka. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Sri Lanka.

13. CONTACT

If you have any questions about these Terms of Use or otherwise need to contact us, please visit the "Contact" page of our website

Catalina - Kiggala

SRI LANKA OFFICE

Second Floor, No.02,
6th Lane, Colombo 03

+94 11 2 577425

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