Terms & Condition

Please read these Terms of Use carefully before using the Site.

 

Introduction

 

These terms and conditions of use ("Terms of Use") apply to this website and any other associated websites owned and operated by Haik Systems Lanka(Pvt) Ltd or any of its subsidiary companies (together being the"Site").

 

These Terms of Use set out the terms on which you may make use of the Site, whetheras a guest or a registered user, each time you use the Site. Use of the Siteincludes accessing, browsing, or registering to use the Site.

 

Please read these Terms of Use carefully before you start to use the Site. Werecommend that you print a copy of this for future reference.

 

By using the Site, you agree to these Terms of Use and that you will comply with them.If you do not agree to these Terms of Use, you should not use any part of theSite.

 

 

 

1.Other Relevant Terms

 

1.1 These Terms of Use refer to the following additional terms, which also apply toyour use of the Site:

 

a) Our Privacy Policy, which sets out the terms on which we process any personaldata we collect from you; or that you provide to us and information about thecookies on the Site. By using the Site, you consent to such processing and youwarrant that all data provided by you is accurate.

 

b)Our Acceptable Use Policy, which sets out the permitted uses and prohibiteduses of the Site. When using the Site, you must comply with this Acceptable UsePolicy.

 

2.Changes to these Terms

 

2.1 We may revise these Terms of Use at any time by amending this page. Pleasecheck this page from time to time to take notice of any changes we made, asthey are binding on you.

 

3.Changes to our Site

 

3.1 We may update the Site from time to time, and may change the content at anytime. However, if any of the content on the Site is out of date at any giventime, we are under no obligation to update it.

 

3.2 We do not guarantee that the Site, or any content on it, will be free fromerrors or omissions.

 

4.Accessing our Site

 

4.1 We do not guarantee that the Site, or any content on it, will always beavailable or be uninterrupted. Access to the Site is permitted on a temporarybasis and we may suspend, withdraw, discontinue or change all or any part ofthe Site without notice. We will not be liable to you if for any reason theSite is unavailable at any time or for any period.

 

4.2 You are responsible for making all arrangements necessary for you to haveaccess to the Site.

 

4.3 We provide a variety of different services and additional terms (including agerequirements) may apply.

 

4.4Our services are not suitable for those under sixteen years of age and, assuch, by using our Site you represent that you are at least sixteen years ofage. Persons who are at least sixteen years of age but under the age ofeighteen years of age may only use the Site with legal parental or guardianconsent.

 

5.Your Account and Password

 

5.1 If you choose, or you are provided with, a user identification code, passwordor any other piece of information as part of our security procedures, you musttreat such information as confidential. You must not disclose it to any thirdparty.

 

5.2 We have the right to disable any user identification code or password, whetherchosen by you or allocated by us, at any time, if in our reasonable opinion youhave failed to comply with any of the provisions of these Terms of Use.

 

5.3 If you know or suspect that anyone other than you knows your useridentification code or password, you must promptly notify us in writing at HaikSystems Lanka , 4B Alfred place,Colombo 03.or  privacy@boom.lk.

 

6.Intellectual Property Rights

 

6.1 All texts, images, user interfaces, video media, artwork, computer code(including but not limited to HTML, Javascript, ActionScript and XML) (togetherbeing the "Content") including but not limited to the design,structure, general "look and feel" of the Site, is owned or licensedby or to Haik Systems Lanka (Pvt) Ltd or one of its wholly-owned subsidiariesand is protected by various intellectual property and copyright laws.

 

6.2 Except as otherwise declared within these Terms of Use, no part of the Site maybe copied, reproduced, republished, posted, uploaded or otherwise duplicated onany other computer, server or website for commercial enterprise, without theprior written consent of Haik Systems Lanka (Pvt) Ltd or one of its whollyowned subsidiaries.

 

6.3 If you print off, copy or download any part of our Site in breach of theseTerms of Use, your right to use the Site will cease immediately and you must,at our option, return or destroy any copies of the materials you have made.

 

7.No Reliance on Information

 

7.1 The content on the Site is provided for general information only. It is notintended to amount to advice on which you should rely. You must obtainprofessional or specialist advice before taking, or refraining from, any actionon the basis of the content on the Site.

 

7.2 We shall have no responsibility to check the accuracy of any informationprovided or made available to us (which includes information listed incatalogues, listings and any other literature in use from time to time) and yourely on all such information at your own risk.

 

7.3 It is for you to satisfy yourself as to the quality, condition and provenanceof any goods on the Site through your own inspection and enquiries and we shallaccept no liability for any information prepared by us (in particular, where wehave been dependent and/or reliant on information provided by third partiesand, for the avoidance of doubt, we do not undertake to check or scrutinisesuch information).

 

7.4 The web pages contained in the Site may contain technical inaccuracies andtypos. Although we make reasonable efforts to update the information on theSite, we make no representations, warranties or guarantees, whether express orimplied, that the content on any boom website is accurate, complete orup-to-date. You agree to use any boom website at your own risk.

 

8.Reduced and 'Special Offer' Vehicles

 

8.1 The prices of all vehicles advertised on this site are notified to us by thethird party sellers. You should ask the advertiser to confirm the price whencontacting them to inquire about the vehicle.

 

 

9.Limitation of our Liability

 

9.1 Nothing in these Terms of Use excludes or limits our liability for death orpersonal injury arising from our negligence, or our fraud or fraudulent misrepresentation,or any other liability that cannot be excluded or limited by  legal  framework of   Sri Lanka .

 

9.2 To the extent permitted by law, we exclude all conditions, warranties,representations or other terms which may apply to the Site or any content onit, whether express or implied, including but not limited to vehicleinformation and valuation. We make no representations, warranties, guaranteesor promises that any third party independent data from such third parties (orany other company who provides us with vehicle valuations) or any data providedby us is accurate or reflects the true value of that vehicle. Where an estimateis provided on a vehicle it will be subject to changes in market conditions(both nationally and regionally) which may affect the price at which it isvalued. You rely on any estimate given by us of the value of a vehicle at yourown risk.

 

9.3 We are not liable in any way for failure, interruption, delay or any othermatters of a similar nature whatsoever to the Site arising out of circumstancesbeyond our reasonable control including, but not limited to, fire, explosion,earthquake, flood, storm, riot, civil disturbance, strikes, lockouts andindustrial disputes, war, nuclear accident, terrorist activity, failure ofequipment or transmission (or other supply) difficulties (except where suchfailure or transmission (or other supply) difficulties are caused by ournegligence or wilful default), the act or order of any government department,council or other constituted body andacts of God.

 

9.4 We will not be liable to any user for any loss or damage, whether in contract,tort (including negligence), breach of statutory duty, or otherwise, even ifforeseeable, arising under or in connection with:

 

a)use of, or inability to use, the Site;

 

b)use of or reliance on any content displayed on the Site;

 

c)loss of profits, sales, business, or revenue;

 

d)business interruption;

 

e)loss of anticipated savings;

 

f)loss of business opportunity, goodwill or reputation; or

 

g)any indirect or consequential loss or damage.

 

9.5 We will not be liable for any loss or damage caused by a virus, distributeddenial-of-service attack, or other technologically harmful material that mayinfect your computer equipment, computer programs, data or other proprietarymaterial due to your use of the Site or to your downloading of any content onit, or on any website linked to it.

 

9.6 We assume no responsibility for the content of websites linked on the Site.Such links should not be interpreted as endorsement by us of those linkedwebsites. We will not be liable for any loss or damage that may arise from youruse of them.

 

10.Uploading Content to our Site

 

10.1 Whenever you make use of a feature that allows you to upload content to theSite, or to make contact with other users of the Site, you must comply with thecontent standards set out in our Acceptable Use Policy.

 

10.2 You warrant that any such contribution does comply with those standards, andyou will be liable to us and indemnify us for any breach of that warranty,which means that you will be responsible for any loss or damage we suffer as a resultof your breach of warranty.

 

10.3 Any content you upload to the Site will be considered non-confidential andnon-proprietary, and we have the right to use, copy, distribute and disclose tothird parties any such content for any purpose.

 

10.4 We also have the right to disclose your identity to any third party who isclaiming that any content posted or uploaded by you to the Site constitutes aviolation of their intellectual property rights, or of their right to privacy.

 

10.5 We will not be responsible, or liable to any third party, for the content oraccuracy of any content posted by you or any other user of the Site.

 

10.6 We have the right to remove any posting you make on the Site if, in ouropinion, your post does not comply with the content standards set out in ourAcceptable Use Policy.

 

10.7 The views expressed by other users on the Site do not represent our views orvalues.

 

11.Viruses

 

11.1 We do not guarantee that the Site will be secure or free from bugs or viruses.

 

11.2 You are responsible for configuring your information technology, computerprogrammes and platform in order to access the Site. You should use your ownvirus protection software.

 

11.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms,logic bombs or other material which is malicious or technologically harmful.You must not attempt to gain unauthorised access to the Site, the server on which any part of the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision,you would commit a criminal offence under the Computer Misuse Act. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

 

12.Third Party Links and Resources in our Site

 

12.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Our inclusion of links to other third party sites/ resources does not imply our endorsement of the material contained on such websites or of the third parties themselves.

 

13.Contact Us

 

13.1 To contact us, please email privacy@boom.lk.

 

14.Complaints

 

14.1 In the event of any complaints regarding service, abuse or otherwise, please contact us on privacy@boom.lk .  We aim to respond within 5 working days.  Should you be unsatisfied with ourresponse, please highlight such dissatisfaction in an email to Anilg@boom.lk where it will beresponded to within 5 working days by a senior member of our management team.

 

9th  May 2018

 

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