Terms of Use of www.Servimart.lk

These Terms and Conditions form a valid and binding electronic contract by and between the owners of Servimart – Haliron Network Private Limited (hereinafter referred to as “Servimart”) (having its place of business at 7, Chandraleka mawatha, Colombo 8, Sri Lanka) SPs and Customers.

NOW THEREFORE, subject to the facts, terms and conditions set forth herein, the parties agree to the following:

 

1 Scope

1.1 www.servimart.lk, including all sub–domains and mobile apps thereof (collectively, hereinafter called the “Website”) is owned and operated by Haliron Network Private Limited. The Website provides online booking and promotional tools and platform for the benefit of SPs (hereinafter referred to as “SP”), and members of the general public (referred to as “Customer(s)”).

1.2 You also agree to the our Privacy policy available to be viewed through the website homepage. The Privacy policy covers terms including but not limited to the restrictions on our use of your personal and financial information.

 

2. Definitions

“SP” – means Providers of Service(s) who wish to make their services available to be booked via servimart.lk

“You” or “Your” – will imply the SP or Customer or both the SP and customer as may read together with the context of location of the words ‘You or Your’ in the relevant clause.

“Website” – means servimart.lk and all sub-domains belonging to servimart.lk

 

3. SP Account Registration

 

3.1 You the SP guarantee that all information/details submitted during the registration process is accurate and they do not misrepresent any aspect of you or what you are displaying as being available to be booked via the website. These details include:-

    1. First and Last Name
    2. Full Address including Postal code, City and District
    3. Display name
    4. Date of birth
    5. Telephone number
    6. Mobile number
    7. Email address or login
    8. Alternative Email address which will act as the email address displayed on your profile if you enter an alternative email address
    9. Bank details
    10. Short description
    11. Long description
    12. Banner and Gallery images
    13. Youtube embedded videos
    14. Packages available to be booked
    15. Menu PDF link

3.2 You the SP grant Servimart the ability to approve or reject your initial application to be registered as a SP who wishes his/her/its services to be advertised and made available to be booked via the website.

3.3  If you the SP’s initial application for an account was rejected, you will be notified via email and you will need to re-submit your application.

3.4 If your application was accepted:-

the information/details you provided (as given below) in the initial application subject to the confirmation of your email address through clicking on the link sent to your email provided upon initial application for registration, shall be displayed on the website and shall be displayed on the homepage’s new arrivals section for a minimum of 2 weeks and in a profile page dedicated to you. The format of such display shall be consistent across all SPs.

Information/details included in the initial application that will display in the website:-

  1. Display name
  2. Short description
  3. Long description
  4. Banner images
  5. Gallery images
  6. Youtube embedded videos



3.5 In the event of you registering an SP account on behalf of a group of individuals, agency or a company, you agree that your representations, warranties and agreements under these Terms are being made on behalf of yourself AND the group of individuals, agency or company. In furtherance of the foregoing, you represent and warrant that all principle representative parties attached to the group of individuals, agency or company have read these terms and agree to them.

3.6 You guarantee that all information/details submitted during the registration process are accurate and do not misrepresent any aspect of you or what you are displaying as being available to be booked via the website.

3.7 In the case of you granting the administrator team of Servimart.lk permission to create an account for you, after Servimart.lk publishes your account online, you may at anytime request Servimart to de-activate your account temporarily. If no such request is made, you shall be deemed to have agreed to the terms above in this section.  Permission to create and account may be granted orally or in writing via text message or email. The SP accepts that Servimart.lk will have access to your profile to edit your profile after receiving your permission to do so. Editing your profile shall solely be in your interest. If you the SP wish to restrict a servimart.lk administrator from editing/accessing your account, it is your responsibility to change the password to your account.

4. Submission of information/details after registration

After completion and approval of the SP’s registration, the SP has the ability to make changes to the information/details of its account at any point in time subject to this clause. This can be made via the SP portal where you may login to your account and request a change or request the servimart.lk team to do it on behalf of you. Only changes to the following details are subject to approval and rejection -

  1. First name
  2. Last name
  3. Display name
  4. Address
  5. Date of Birth
  6. Mobile number
  7. Email address
  8. Alternative email address
  9. Bank details
  10. 24/7 availability (which transpires to not updating calendar)
  11. Menu PDF

 

Servimart shall approve or reject such requests within 48 hours where if approved, your content will be displayed on the website immediately after approval. If rejected, you will be informed.

Packages:-

You will be able to display prices of your Services which will be listed as packages. This will be able to be done via your Profile. These will not be subject to approval.

Calendar:-

SPs will have the ability to update their calendars to reflect their availability. Dates and times will also be blocked out from their calendars whenever a Customer has placed a request or has made a payment as per Clause 9. However, the calendar will not be blocked if you reject the request.

You guarantee that all changes requested, calendar available dates/times and all other details entered by you are accurate and do not misrepresent any aspect of you or what you are displaying as being available to be booked via the website.

However, you make click on the 24/7 availability tick box if you cannot update your calendar.

Servimart has sole discretion to reject or remove any content submitted to be displayed on the SP’s profile.

 

5. Other information of SPs that will be displayed on Servimart

i.    Total bookings

These will be displayed on the search results page below your profile picture and within your profile.

Total bookings made are the total number of bookings of your service through the website.

 

ii.   Average rating

These will be displayed on the search results page below your profile picture and within your profile.

Ratings will be provided by customers who have booked your service through the website. Customers will be permitted to rate your service from 0 – 5 after the date of which the booking was confirmed to provide the services.

Your average rating will be calculated based on the total number of ratings provided.

 

iii.   Individual bookings and ratings

These will be displayed on the search results page below your profile picture and within your profile.

These will be in list format with the booker’s nickname, rating and review displayed.

 

iv.  Points

These will be displayed on the search results page below your profile picture and within your profile.

Points will be awarded based on the amount spent by customers when booking your services as per Clauses 8 and 9. Points shall be calculated on the basis of 1 point being granted for every Rs. 1000 spent.

 

 

5.2 Display of the above mentioned points may be restricted on the search results page as well as the profile of the Service providers at Servimart’s sole discretion. However, the same principle on restriction on the display of details on the search results page shall be applied to all SPs at the same time and you will not be discriminated in anyway.

 

6. Advertising on Servimart.lk

In addition to having a free profile viewable through Servimart.lk, an SP will also have the ability to purchase advertising space on Servimart.lk . An SP can contact servimart.lk in order to find out more details on this.

 

7. Customer Registration

A Customer may create a profile on www.servimart.lk . This profile will not have the facilities of a SP profile. The primary purpose of a customer profile is to complete a booking of a service, place a rating and/or place a review.

You the Customer guarantee that all information/details submitted during the registration process is accurate and they do not misrepresent any aspect of you. These details include and are not limited to:-

  1. First and Last name
  2. Email address
  3. Mobile number

You will be able to complete your registration upon confirmation of your email address which will be achieved by clicking on the link in an email we sent you pursuant to you confirming your email address.



8. Booking process

 

8.1 Both parties agree to the validity of the process of placing a booking below.

 

(a) After the Customer signs in to his/her account on servimart.lk either through Facebook login or email validation, the Customer will be able to place a booking request through the SP's profile visible to the public via servimart.lk.

(b) The Customer selects a package from the drop down list at the bottom of the SP's public profile or clicks on "Request for a custom package" and enters the details in a pop-up screen and clicks DONE at the bottom of the pop-up.

(c) The Customer clicks on the Begin request button included at the bottom of the SP's public profile which turns into a pop-up with a button "CONFIRM REQUEST" at the bottom of it.

(d) The Customer clicks on CONFIRM REQUEST in the pop-up mentioned immediately above after or without entering any optional information.

(e) An email containing the request is sent to the SP and the Customer is re-directed to a booking page containing all the booking details on servimart.lk. The Customer can access this booking page after signing in to his account at any other time as well.

(f) The SP clicks on the link to the request sent to him via email, signs in (if not already signed in) and he then sees a page including the booking request details made by the Customer.

(g) The SP may accept the price or edit the price and accept the request. He may cancel the request as well.

(h) After the SP accepts or edits the price in (f), the customer and SP will get an email each containing a link to the booking details as well as the booking details (including the package name, short description, long description and extra information).

(i) The customer may click on the link which leads him to the booking detail page on servimart.lk (if signed in) and then may make an online payment, cancel reservation or make an offline payment. More details on the specifics of the payment will be included in the next section.

The Service provider will be copied in the emails mentioned in (h).

 

In all of the above steps, the SP and Customer agree that the emails received and information displayed on servimart.lk in their booking details pages are accurate.

The SPs, will need to make sure that their mailboxes are not full and have access to their email addresses in order to receive all correspondence.

 

9. Payment

Upon agreement on the terms, Payments may be made online, through bank transfer to the bank account mentioned at the end of this clause or manual payment to the Servimart office located at 7, Chandraleka Mawatha, Colombo 8.

Once the payment is made and received, Servimart will transfer the money to the SP within 48 hours of the payment subject to Clause 8 of this agreement.

When payment is completed, a binding contract is reached between the SP and the Customer and the terms of the contract will be sent to the SP's and Customer email address registered with us. The servimart.lk office/administrator will be copied in these emails. This shall be in the form of a Booking confirmation and the terms including but not limited to Extra and specific requirements/terms defined by the SP and Customer, the date and time of the booking as indicated in the Date and Time fields automatically populated by servimart.lk automatically (not the date and time included in the Extra and specific requirements/terms defined by you) and the price paid by the Customer. However, the SP and the Customer may agree to different terms of the contract externally even after completing the payment.

BANK  DETAILS

Bank name:- Commercial Bank of Ceylon

Account number:- 1190056848 

Account holder name:- Haliron Network Private Limited

Branch:- Borella

 

9.2 If you are making a payment to Servimart’s bank account, you will need to include a remark indicating your payment for the relevant Booking confirmation. This should include the SP, Booking date and time. This will be for the ease of identifying the purpose for the payment.

 

10. Cancellation policy

The SP and Customer have the freedom to agree on a unique cancellation policy of a binding contract formed after payment as per Clause 9.

If the cancellation is made before the payment as per Clause 9 has been transferred to the SP by Servimart, Servimart shall nevertheless transfer the money as per Clause 9 to the SP and it shall be the SP’s and Customer’s responsibility to settle any refunds to the Customer and Servimart shall have no part in it.

 

11 Trust

11.1 A booking shall not be made with the intention of misleading the public. An example of such a scenario would be where a booking is made but there is in fact no actual use of the service booked through the website. This Clause applies to both the SP and the Customer.

11.2 If a misleading booking is made, the SP shall be charged a fee amounting to the false booking and/or immediately removed by Servimart from being displayed on the website, if the SP is proved to have had intent to create the misleading booking. Any effect on the profile of the SP through the misleading booking will be removed as well (review, rating, addition to total bookings).

If a misleading booking is made, the Customer shall be charged a fee amounting to the false booking

11.3 Upon request, the SP and Customer should be able to provide proof of the actual use of a Service booked through Servimart. This could be in the form of a picture, video or document or any other reasonable means. Servimart has the freedom to interpret the form of proof’s authenticity and shall be reasonable in doing so.

 

12. Closing or suspending your account

Servimart reserves the right to suspend or close a SPs’ and Customers’ at any point in time for any reason, without notice or liability. If your account has been compromised or you would like to close your account, please notify Servimart by sending an email to admin@servimart.lk. The SP and Customer maintain the right to close your account at any time upon request to Servimart.



13 Disclaimer

13.1 The contents of the Website, and the website as a whole, is intended strictly for the purposes of SPs to post information about themselves, and to facilitate the booking of such SPs for Customers’ needs. You represent and warrant that you understand, and agree, that Servimart is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any Customers regarding the provisions of services. While we do believe that SPs will achieve some amount of exposure from a listing on the Website, we do not guarantee in any way that the use of the Website will produce paying clients for our members.

13.2 We do not represent or guarantee that this Website will further the careers of the SPs who display their information on the website, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Servimart does not take responsibility for the content of any SP or Customer profile, or Sps offered on any profile.

13.3 Most importantly, the Customer and SP acknowledge that Servimart is not involved in the actual performance or the governance of the relationship between them, and any disputes, fights, disagreements or any nature of claim between them shall at all times be without any reference to, or any liability on, Servimart.

 

14. Social media advertising

 

14.1 Servimart.lk will be able to use media and content contained on profiles on Servimart.lk as posts on Servimart.lk's Instagram and Facebook accounts with the Service provider's consent.

 

15. Intellectual Property rights

15.1 Website Content Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties vested in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Website (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by The website. The Website as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by the website. Unless otherwise noted, by using a third party’s trademark or trade name on this Website, The website does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and The website hereby expressly disclaims any such affiliation or endorsement. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Website.

15.2 License to Submissions. With respect to any photographs, designs, images, video clips, sound clips, or other media files you may provide to The website for posting on your Profile (collectively, “Submissions”), such Submissions shall remain Your property. The website does not endorse, sanction or verify, and specifically disclaims responsibility or liability for any Customer profiles. You represent, warrant and agree (i) that You are authorized to submit the Submissions You provide to Us and to license the same to Us as set forth above; and (ii) that all Submissions submitted by You to the Website does not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as The website shall have no obligation to return any content to you should it become damaged or lost.

 

16 Indemnity

16.1 In accepting these Terms and using of the website, you agree to indemnify, save, defend, and hold harmless Servimart, our employees, affiliates, directors, officers, and subsidiaries from any claims, damages, demands, losses, costs, expenses, and reasonable attorney fees arising from your use of Our Services, any breach of our Terms, any third party copyright infringement, or any activity from your account.

 

17 Applicable law

17.1 The Parties acknowledge that in order to minimise any disputation which may result from a dispute or difference they will attempt to resolve such dispute or difference amicably prior to taking any further action in order to resolve the dispute.

17.2 If a dispute arises out of or relates to this Agreement, or the breach, termination, validity or subject matter of this Agreement cannot be amicably resolved, the Parties hereby agree to irrevocably submit to the exclusive jurisdiction of Courts in the Democratic Socialist Republic of Sri Lanka for the determination of such controversy, difference or disputes arising under this Agreement.

 

18 Changes to these terms

We may change these Terms from time to time, so please be sure to check back periodically. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will provide you with notice in advance of such change by email.