These Terms and Conditions govern your use of the akshayafoodcity.com website (the Site). Please read them carefully as they affect
your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not
register for or use the akshayafoodcity.com. Please note that to use any of the services provided on the Site, you
are required to register as an authorized user on the Site.
1. Use of the Site
The Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Site
you agree to be bound by these Akshaya Food City Terms and Conditions. These Terms and Conditions govern your use of the Site and all
services provided in connection with these. All orders and purchases made on the Site will also be governed by the terms and
conditions of Akshaya Food City.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may revise the terms and conditions from time to time without notice to you.
To register with akshayafoodcity.com you must be over twenty years of age. You must ensure that the details provided by you on
registration or at any time are correct and complete. You must inform us immediately of any changes to the information that
you provided when registering by updating your personal details.
4. Password and security
When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not
disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your
password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services
(see below for contact details) immediately. However you could be held liable for losses incurred by JKMSL or any other party
due to someone else using your password. You may not use anyone else's password at anytime without the permission of the password holder.
If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to
change your password or we may suspend your account in accordance with paragraph 11 below.
We are precluded by law from delivering any liquor items or meat items on( Full moon )poya holidays. Our delivery service may also
not be available on certain mercantile holidays in Sri Lanka, which holidays are decided at our discretion. We deliver only within
the cities as identified in the Site. Upon delivery of the goods, the person accepting the goods ordered must sign the copy of the
invoice. Provided however items delivered as provided herein cannot be returned or exchanged for any reason.
6. Excluded Services
The services provided by the Site do not include the provision of pharmaceutical items, computer or other necessary equipment to access
the Site. To use the site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for
any telephone or other costs that you may incur.
7. Intellectual property
The content of the Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and
display the content of the Site 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 Site without our written permission.
You may not use the Site for any of the following purposes: disseminating any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene, or otherwise objectionable material transmitting material that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise breaches any relevant laws, regulations or code of practice gaining unauthorized access to other
computer systems interfering with any other person's use or enjoyment of the Site breaching any laws concerning the use of public
telecommunications networks interfering or disrupting networks or web sites connected to the Site making, transmitting or storing
electronic copies of materials protected by copyright without the permission of the owner.
9. Availability of the Site
Although we aim to offer you the best service possible, we makes no promise that the services at the Site will meet your requirements.
We cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services
(see below for contact details) or by email at ksoperations. akshayafoodcity.com ,and we will attempt to correct the fault as soon as we
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction
of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the .Site may be monitored
by us or our nominees.
10. Our right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach your obligations under these Terms
and Conditions. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Site. The
suspension or cancellation of your registration and your right to use the Site shall not affect either party's rights or liabilities.
Paragraphs 7, 8, 11, 12, 15 and 16 of these Terms and Conditions shall survive cancellation.
11. Our liability
The Site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
The Site provides content from other Internet sites or resources and while we try to ensure that material included on the Site is
correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any
errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with
the Site. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we
reasonably can. In particular, we disclaim all liabilities in connection with the following:
* incompatibility of the Site with any of your equipment, software or telecommunications links
* technical problems including errors
or interruptions of the Site.
* unsuitability, unreliability or inaccuracy of the Site
* inadequacy of the Site to meet your
* To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or
incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss
of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
Nothing in this paragraph 11 applies to our statutory liability in respect of products sold through the Site. Nothing in these Terms and
Conditions shall exclude our liability for personal injury or death caused by its negligence. Our acceptance of an order takes place on
dispatch of the order, at which point the purchase contract will be made and you will be charged for your order.
12. Third Party Websites, 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 We are 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 we are 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 we are not responsible for:
(a) the quality of third party products or services; and
(b) fulfilling any of the terms of your agreement with the seller,
including delivery of products or services and warranty obligations related to purchased products or services. You agree that we
are not responsible for any loss or damage of any sort you may incur from dealing with any third party.
13. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted
for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising
and sponsorship material.
14. Applicable Law
All matters relating to your access to, and use of, the Site shall be governed by laws of the 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 Sri Lanka. You and JKMSL agree to submit to
the jurisdiction of, and agree that venue is proper in such legal action or proceeding.
15. International Use
We make no promise that materials on the Site are appropriate or available for use in locations outside Sri Lanka , and accessing the Site
from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside Sri Lanka,
you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these JMSL Terms and Conditions. If any provision of these JMSL
Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect
the validity of the remaining provisions of these JMSL Terms and Conditions, which shall remain in full force and effect. If you breach
these JMSL Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any
other situation where you breach the JMSL Terms and Conditions. We shall not be liable for any delay or failure to perform obligations
under these Terms and Conditions or any transaction arising there from due to causes beyond our reasonable control and without fault or
negligence on our part, including but not limited to:
Acts of God such as earthquake, fire, explosion, storm, flood or other
adverse weather conditions;
Force majeure such as war, riots, civil disorder, terrorism, strikes, lockouts or other industrial action,
confiscation or other action by government agencies.
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 AND TYPOGRAPHICAL ERRORS. WE EXPRESSLY DISCLAIM 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. We MAKE NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) 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 (D) 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. WE 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.
THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
18. Limitation of Liability
IN NO EVENT SHALL We , our affiliated companies or holding company or our suppliers 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 willful default
on our part.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, suppliers 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.
We are concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy
policy at http://akshayafoodcity.com/
21. 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
other applicable laws or regulations.
The akshayafoodcity.com is owned and operated by Jaykay Marketing Services (Private) Limited,
a company registered in Sri Lanka whose registered office is at No.117, Sir Chittampalam A Gardiner Mawatha, Colombo 02, Sri Lanka.
If you have any queries please contact Customer Services at
Tel: +94 117 324331 (Between 2.00 G.M.T. - 11.00 G.M.T.)
Your payments are going through Secure Payment Site operated by The Hongkong and Shanghai Banking Corporation Limited (HSBC) and Nations
Trust Bank (NTB). Your card details will be securely transmitted to the Bank for transaction authorization using SSL 128bit encryption.
All payments will be accepted in US Dollars for orders placed from abroad and Sri Lankan Rupees or US Dollars for orders placed from
Sri Lanka based on customer selection.