THIS CONSTITUTE IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THIS AGREEMENT BEFORE USING THIS WEBSITE.
LAST UPDATED 15 JULY 2022.
This Site (as defined below) is owned and operated by Steradian Capital Investments (Pvt) Ltd (hereinafter sometimes referred to in this Agreement as “we”, “our”, “us” or “SCI”, depending on the context).
This Agreement (as updated and amended from time to time as set out below) govern your use of this Internet site located at www.steradiancapital.com, including all webpages, Contents (as defined below), services, features and functions provided or offered on or through this site www.steradiancapital.com (collectively, the "Site") and the relationship between you (“You” or “Your”, depending on the context) and us.
By using this Site, you agree (and are deemed to have agreed) to comply with and be bound by this Agreement. You are hereby advised to exit this Site immediately if you do not agree with all or any of the provisions set out in this Agreement. We reserve the full right to amend this Agreement without any prior notice at our sole discretion and at any time by posting the amendments online. Such amendments will come into force immediately upon our posting of the amendments to the Site. It is your responsibility to review the information posted online regularly in order to obtain timely notice of any such amendments. Your continued use of this Site after any such amendments will mean that you agree to comply with and be bound by the provisions of this Agreement, as amended.
1. CAPACITY TO CONTRACT
In order to be bound by this Agreement, (i) You must be at least 18 years of age; (ii) you must possess the legal capacity to enter into a binding agreement; and (iii) your use of the Site must not violate any laws and regulations. You hereby represent and warrant that you satisfy all of the foregoing conditions and If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site.
2. SECURITY OF THE SITE
When you submit sensitive information via the Site, your information may be saved both electronically and in “hard copy” format. We will take commercially reasonable precautions to protect your information and Communications (as defined below) against unauthorized access, loss, alteration or destruction. However, we cannot guarantee our security measures are impassable. Accordingly, we do not promise or warrant that your information and Communications will always remain secure at all times, or that you will not suffer any loss of information. Furthermore, we will not be responsible for any damages of any kind or loss of information that might result from the use of this Site such as transmission of any virus (including bug and worms) and the disclosure of confidential information by third parties etc. It is your responsibility to have adequate firewalls and other internet security measures on your devices, and we will not bear any responsibility whatsoever for any loss or damage arising from a failure to do so.
Furthermore, it is your responsibility to ensure that all personal information provided to us by you is true, accurate and complete. You shall promptly inform us of any subsequent changes to such personal information. We shall not be responsible for any loss or damage that may result from your failure to provide us with updated information.
3. USE OF THE SITE
This Site is made available on ‘as is’ basis, without representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Whilst we will take all reasonable measures to ensure that this Site is made accessible to you, the Site may be made inaccessible at times for reasons including but not limited to maintenance, compliance with our legal or regulatory obligations or due to causes that are beyond our control. We shall however not be responsible for any loss or damage caused to you by such inaccessibility. Your use of the Site is at your own risk.
4. YOUR COMMUNICATIONS VIA THE SITE
With regard to any communication (including without limitation, feedback, comments, photographs, images, designs, e-mails, texts, responses to any questionnaire available through the Site and/or any other materials) you make via the Site, post, display or upload on the Site (hereinafter referred to as ‘Communications’), you hereby grant SCI a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub licensable right and license to (i) display, reproduce, distribute, modify, prepare derivative works of, perform, and otherwise use and exploit all Communications in connection with the promotion and marketing of the services of SCI and, (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications at our sole discretion.
You hereby undertake to ensure that all Communications is legally valid, truthful, complies with all laws and regulations, does not infringe the Intellectual Property Rights or other rights of SCI or any third party, is not defamatory, unreliable or misleading or otherwise objectionable.
We hereby reserve the right to determine (at our sole discretion) whether to publish and/or keep Communications on the Site. We may also monitor, review, edit or remove Communications transmitted or received through the Site as we deem fit and necessary.
If you apply for a position at SCI through the ‘Careers’ section of this Site, your curriculum vitae or other information (including personal information) you provide to us will be retained and used solely for the purpose of considering for recruitments.
5. RESTRICTIONS ON USE OF THE SITE
Save and except the Communications, the content of this Site which includes but is not limited to the (i) design, layout, pictures, videos, text, software, sounds and graphics, files, and other materials contained and/or displayed on the Site, (ii) the layout and design of the Site, and (iii) the selection and arrangement of the Site are the property of SCI (hereinafter the “Content”) and shall not in any instance be reproduced, sold, copied, published, downloaded, displayed, transmitted, modified or used for any purpose whatsoever (except as otherwise expressly provided in this Site), without our prior written consent.
Furthermore, in connection with the access to and use of the Site, you shall not (and will not allow any third party to) attempt to discover any source code or algorithms pertaining to the Site. You shall not attempt to gain unauthorized access to this Site or attempt to hack this Site. You are also not permitted to bypass any measures that we may impose to prevent or restrict access to certain parts of this Site.
The Site may contain or reference the trademarks (including without limitation, the trademarks owned by SCI), service marks, trade names, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by us and/or other parties. Nothing contained on this Site (or this Agreement) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such IP without the prior written consent of the party that owns the same.
We hereby grant you with a limited, non-exclusive, non-transferable, non-sub licensable access to this Site and the Content solely for the purpose to make use of our services. This license however, does not include the use of this Site for the conduct of unlawful activities. You are prohibited from sharing, transmitting or inserting any harmful documents, links, software viruses (howsoever defined), malware, computer codes or other harmful components (howsoever characterized) on to the Site that will harm or disrupt the use/operation of this Site to SCI or to other users of this Site or, to us generally.
We hereby reserve the right at our sole discretion to restrict or terminate your access to this Site or any feature of this Site or part thereof at any time.
7. THE USE OF EXTERNAL WEBSITES
You may be provided with the access to external sites such as social media webpages, while using this Site. Such pages are (i) not governed by this Agreement, (ii) not owned by us and, (iii) we cannot confirm the security of such websites. Accordingly, we shall not be responsible for the actions or omissions of such third parties. Furthermore, we will not bear any responsibility in the event third parties gain access to your information through the use of such external sites.
8. LIMITATION OF LIABILITY AND DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, SCI WILL NOT BE LIABLE TO YOU (AND/OR ANY OTHER PERSON) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN RELATION TO THE USE OF THIS SITE, THE PROVISION OF ANY SERVICES AND/OR ANY BREACH OF THE PROVISIONS OF THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY AND/OR RESPONSIBILITY FOR THE SERVICES PROVIDED ON OR THROUGH THE SITE IS LIMITED TO DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
FOR THE AVOIDANCE OF DOUBT, SCI MAKE NO EXPRESSED OR IMPLIED REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE CONTENT OR THE SITE, AND DISCLAIM ANY AND ALL LIABILITY REGARDING THE CONTENT AND THE SITE (INCLUDING BUT NOT LIMITED TO THE USE AND/OR OPERATION OF THE SITE).
THE INFORMATION, RECOMMENDATIONS AND OPINIONS PROVIDED BY US ON THIS SITE AND/OR OTHERWISE COMMUNICATED TO YOU (VIA YOUR E-MAIL ADDRESS, IN PERSON, VIA TELEPHONE OR OTHER METHOD OF WRITTEN OR VERBAL COMMUNICATION) IS SOLELY INTENDED FOR GUIDANCE PURPOSE ONLY. IN ANY CASE, AT ALL TIMES YOU HAVE THE RESPONSIBILITY TO VERIFY AND/OR DETERMINE THE ACTUAL SUITABILITY OF ANY INFORMATION, RECOMMENDATIONS AND OPINIONS PROVIDED TO YOU, AND BEAR ALL RISKS ASSOCIATED WITH ACTING ON OR USING THE SAME.
You shall defend, indemnify and hold us (and our affiliates, parents, partners, subsidiaries, franchisees, officers, directors, agents, contractors, subcontractors, visitors, representatives, licensees, and employees) harmless from and against any loss, claim, liability or expense, including, without limitation, attorney’s fees and costs, which arise out of, concern, pertain or relate in any way with (i) your failure to observe or comply with the provisions of this Agreement and, (ii) any act or omission by you.
Save and except for the amendments to the Site which will be communicated by posting the amendments online, any notices or other communications provided by us under this Agreement, will be given via email. With regard to the notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. All notices and other communications that we provide to you electronically via email will satisfy any legal requirements that communications be in writing.
If any provision of this Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
12. FORCE MAJEURE
In no event shall SCI be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, fires, floods, earthquakes, embargoes, shortages, epidemics, pandemics (including Covid19 Pandemic), quarantines, war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances, acts, omissions or delays in acting by any governmental authority.
No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by, and construed in all respects in accordance with, the laws of Sri Lanka.
Any doubt, difference, dispute, controversy or claim arising from, out of or in connection with this Agreement (and/or the provision of our services), or on the interpretation thereof or on the rights, duties, obligation, or liabilities of any parties thereto or on the operation, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice. The venue of the arbitration proceedings shall be Colombo and the proceedings shall be in English. The number of arbitrators shall be three (3).