Overview This website is operated by Avani (PVT) LTD. Throughout the site, the terms “we”, “us” and “our” refer to Avani (PVT) LTD. Avani (PVT) LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Section I - Online Store Terms By agreeing to these Terms of Service, you represent that you are at the age of majority in your area or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the Services. Section II - General Conditions We reserve the right to refuse to service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Section III - Accuracy, Completeness and Timeliness of Information We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Section IV - Modifications to the Service and Prices Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Section V - Products or Services (where and/or if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Section VI - Accuracy of Billing and Account Information We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy. Section VII – Optional Tools We may provide you with access to third-party tools over which we neither monitor nor have any control nor input on. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. Section VIII – Third Party Links Certain content, products and services available via our Service may include materials from third- parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party. Section IX - User Comments, Feedback and Other Submissions If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. Section X - Personal Information Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy. Section XI - Errors, Inaccuracies and Omissions Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. Section XII – Returns, Refunds and Exchanges Our general guideline governing the aforementioned policy lasts a time lapse of 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging or wrapping in which it was received in by you. Several types of goods are exempt from being returned. Certain perishable goods such as fresh foods, delicatessen, bakery products, e-books, e-newspapers or e-magazines cannot be returned. Refund & Exchange Policy Avani will gladly refund or exchange any product purchased through our Online according to the following conditions: 1- A receipt must be presented for all refunds and exchanges. 2- Any item can be exchanged or refunded within 14 days from date of purchase and must be in good condition, in original packaging, not used, damaged or highly perishable. 3- Non-Refundable or Non-Exchangeable products include: - Packeted food Items - Baby food and milk 4- Perfume, glasses and jewelry can be returned or exchanged within 24 hours with original tags and packaging. 5- Perishable food products (produce, Seafood, Meat, Deli, Bakery and Prepared Food) can be returned or exchanged within 48 hours of purchase. Additional non-returnable items: * Gift cards * Some health and personal care items. Late or missing refunds(if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected] Sale items (if applicable) Only regular priced items may be refunded, unfortunately sale items cannot be refunded. Section XIII – Vouchers and Gift Certificates Promotion Codes Promotion codes intended for use on Avani Online Shopping Store are only valid for orders placed online. Promotion codes entitle you, at the time of ordering, to a saving on a new order placed with The Avani Online Shopping Store. The Avani Online Shopping Store reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed. Promotion codes are only valid for a limited period of time. The expiry date will be explicitly publicized with the relevant promotion code. Only one promotion code can be used per order. Promotion codes are not valid in conjunction with any other promotion. Promotion codes are not valid on sale items or other discounted items. In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping costs charged on the original order. In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return - you should place a new order using the original promotional code. In the event of any returns meaning that the order no longer qualifies for the promotion advertised, The Sultan Center reserves the right to deduct the value of the offer from the refund. Where a 2-for-1 or 3-for-2 offer is advertised the cheapest item is free. Avani reserves the right to change these Terms and Conditions at any time under its own discretion. Avani reserves the right to terminate the validity of any promotional code at any time. Gift Certificates Gift Certificates made out to Avani Online Store may be redeemed for goods on Avani Online Store only. Avani Certificates may be exchanged for any product within the gallery shops or catering facilities, or for tickets and membership. Vouchers may, on payment of the difference, be exchanged on a purchase of a higher value. Gift Certificates may not be exchanged for cash or cash instruments, including and not limited to those in the form of online store payment methods (pre-paid card, web store credit balance etc.) Gift Certificates are not redeemable for cash, and are non-transferable. Gift Certificates are valid for one year from the date of issue and are only redeemable on Avani Online Store. Change will not be given. If the security code has already been used in a previous transaction, the voucher will be void and no longer valid for use. eVouchers eVouchers are valid only on shopping orders placed on Avani Online Website, subject to the terms of this section. Your use of an eVoucher indicates your agreement to be bound by these eVoucher terms and any eVoucher terms on the eVoucher itself (collectively, the "eVoucher Terms"). Avani will only honor an eVoucher if it is used in accordance with the eVoucher Terms. eVouchers that have not been issued by Avani cannot be used on the Avani Online Shopping Store. eVouchers that have been issued by Avani are, and shall remain, the property of Avani and are not transferable, cannot be resold, and have no cash alternative unless otherwise stated. eVouchers can be added to your online shopping account by entering the code at checkout or in the Promotions-eVouchers section of your online shopping account under account management. To apply an eVoucher to your order you must select it in the promotions section at checkout. Use of an eVoucher may be subject to you providing proof of entitlement to use the eVoucher. All eVouchers have an expiration date. After the expiration date, the eVoucher will be removed from your online shopping account. eVoucher value(s) may be adjusted if the total discount value is greater than the value of your order. Avani reserves the right to withdraw or cancel any of its eVouchers at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the eVouchers may not be used for any orders placed after the date of withdrawal or cancellation. Avani reserves the right to reject or cancel the use of an eVoucher where fraud or illegal misuse is suspected. You will have no claim against Avani in respect of such rejection or cancellation of an eVoucher. Avani shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any eVoucher or any failure or inability of a customer to use an eVoucher for any reason. No eVoucher may be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using an eVoucher, you represent and warrant that you are the duly authorized recipient of it. Promotions Avani reserves the right to withdraw or cancel any of its promotions at any time, either as a whole, or for specific goods or delivery areas. Avani reserves the right to reject or cancel any promotional order that sees suspicious or violate the promotional rules of quantity limitations. You will have no claim against Avani in respect of such rejection or cancellation of orders. Avani shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any order. Section XIV – Prohibited Uses In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Section XV - Disclaimer of Warranties; Limitation of Liability We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement. In no case shall Avani, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Section XVI – Indemnification You agree to indemnify, defend and hold harmless Avani (PVT) Ltd, its’ affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Section XVII – Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Section XVIII – Termination The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Section XIX - Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Section XX - Governing Law These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sri Lanka. Section XXI - Changes to Terms of Service You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Section XXII - Contact Information Questions about the Terms of Service should be sent to us at [email protected] Section XXIII – Ordering and Delivery Once you have placed an order on Avani Online Shopping Store we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from us. There is a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout will also be payable by you. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered. You can cancel or amend your order at any time by contacting Avani customer support unit. Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. Changes or cancellations for orders arriving by Next Day delivery must be submitted prior to delivery dispatch and changes or cancellations for same day delivery must be submitted 2 hours prior to the day of delivery. Avani may provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact Avani customer support unit. Notwithstanding the foregoing, all refunds will be subject to Avani discretion. Delivery We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain date. Avani will not be held liable for delivering the goods outside of the requested delivery slot or failing to deliver all or any of the goods in your order. We can only deliver to an address stored in your address book in your account on the Avani website. B. Legal Terms Variation We reserve the right to amend or waive any provision of these Terms and Conditions and the Website or App or Card at any time, or to terminate the Loyalty Program (and therefore your Membership). This right may be exercised, inter alia, upon changes in the entity who operates the Loyalty Program, or changes in the rules for earning and redeeming coins and any promotional offers. Changes we make are binding on you from the date that we make them. Data Protection and Privacy While registering to become a Member through the App or through the Loyalty Card, you will be asked to provide voluntarily certain personal information, including your name, address, contact details and other personal information (the “Personal Data”). We are committed to maintaining the security of your Personal Data against unauthorized access, loss, disclosure, or destruction in accordance with the requirements of the applicable data protection laws. The purposes of the collection and usage of your Personal Data are governed by these Terms and Conditions and subject to our Privacy Policy. Disclaimer, Liability, and Indemnity We make no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Website or App or services available through it. We are not liable for any damages or harm attributable to the Website or App, or your enrolment in the Membership. In no event shall we be liable to you or to any third party for any direct, incidental, indirect, special, or consequential damages whatsoever (including, but not limited to, loss of profits, business interruption, loss of programs on your information system) arising out of or related to: (i) your use of or reliance on the App or Card or any information, hyperlinks or content contained therein; (ii) Your provision of information, personal or otherwise to us; (iii) Any default, delays, omissions, interruptions, and inaccuracies resulting directly or indirectly from any cause, including but not limited to, failure of network services; or (iv) Our acts or negligence or any of our agents or employees. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AVANI DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE APP OR CARD OR AS A RESULT OF YOUR ENROLMENT IN MEMBERSHIP, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY AVANI, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE WEBSITE OR APP OR CARD, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. THIS EXCLUSION OF LIABILITY APPLIES TO ALL CAUSES OF ACTIONS, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES. You agree to indemnify AVANI, its employees, agents, affiliates, directors, and other representatives and to hold them harmless from and against any and all claims and liabilities (including attorney’s fees and out-of-pocket expenses) that may arise from your use of the Website or App or Card or from your breach of these Terms and Conditions. Links Any links contained on the Website or App are provided by us merely as a convenience to you of the Website or App, and we are not responsible for the content or operation of any such linked sites. Any links to such linked sites should not at any time be construed as an endorsement, representation(s), or promotion by us as to the content, representations, accuracy, products, or services found or otherwise described in such linked sites. The usage of these linked sites is done at your own risk. Intellectual Property The Website and App and all of its content including but not limited to all text, graphics and html codes, all product names, trade names, service names, domain names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text are copyright materials as well as the Cards that are owned by or licensed to AVANI and may not be printed, copied, posted, reproduced, used (including photos of faces) or otherwise distributed in whole or in part, without AVANI prior written approval. Governing law These Terms and Conditions shall be governed by the laws of Sri Lanka. Any dispute or claim arising out of or in connection with these Terms and Conditions or its formation or interpretation (including non-contractual disputes or claims) shall be addressed to the competent courts of Sri Lanka.