INTRODUCTION TO “ASPIRE ONLINE”

Aspire ONLINE is an e-commerce website which was developed by Hayleys Consumer Products Limited. The Purpose of this platform is to provide a fast, secure and a convenient shopping experience to Sri Lankans by bringing in international premium brands to the doorstep.

ASPIRE ONLINE– TERMS AND CONDITIONS

Access to the website and registration with Aspire Online

The ‘Aspire Online’ website is compatible with every any device with wvingan active internet connection.
‘Aspire Online’ requires customers to register and create a personal account with/on ‘Aspire Online’, in order to gain full access to and use all the features and services provided by ‘Aspire Online’. For this purpose, the customer will be required to fill in and complete all the mandatory details/fields of information required by the website, truthfully and accurately, in order to register as an ‘Aspire Online’ customer/user. ‘Aspire’s authorized administrator may, at its sole discretion, de-register any customer/user if any information furnished by any registered customer/user is found to be false, untrue or incorrect.
Any person who registers with/on ‘Aspire Online’, will have full access to the full range of products and prices offered on/through ‘Aspire Online’ and shall be eligible for promotion(s)/special offer(s) provided by ‘Aspire Online’. It is not mandatory for everyall customers who visits the ‘Aspire Online’ website to register. and Any person who is not registered with/on ‘Aspire Online’, may only view the products offered on ‘Aspire Online’, but will not be eligible, authorized or permitted to use the services offered to a duly registered customer of ‘Aspire Online’ or may have restricted access to a limited range of products offered on/through ‘Aspire Online’ or their prices, and will be ineligible for any promotion(s)/special offer(s) provided by ‘Aspire Online’.
By registering with the ‘Aspire Online’ website by creating a personal account on the ‘Aspire Online’ website, the customer/user agrees and acknowledges that:
- All information submitted by the customer/user, including any personal information, is true, accurate and up to date, and that the customer/user will be solely responsible and liable for the accuracy of any information submitted for registration and/or in the course of using the services and features of ‘Aspire Online’;
- The customer/user is over the age of 18 years as at the date of registering with/on ‘Aspire Online’ and has the legal capacity to contract with any person;
- Any access to and use of the services and features of ‘Aspire Online’ by the customer/user will be subject to and in accordance with the laws and regulations applicable in the Democratic Socialist Republic of Sri Lanka.
The customer/user will be required to select a username and password in order to create a personal account and register on/with ‘Aspire Online’. The Uusername of the customer/ user will be the email address which provided by the customer/user at the point of registration.
Any user or customer shall not use ‘Aspire Online’ or any data/ information contained in or displayed on ‘Aspire Online’ or any of the products available through ‘Aspire Online’ for any illegal or unlawful purpose. In the event of; any unlawful access or usage of ‘Aspire Online’, retention, collection, conversion for usage, reproduction or distribution of any such data/ information contained in or displayed on ‘Aspire Online’ or any usage of the products available through ‘Aspire Online’, for any illegal or unlawful purpose by any customer or user, the liability shall solely be with the said customer or said user and neither Hayleys Consumer Products Ltd. nor ‘Aspire Online’ or any of its subsidiaries or assigns shall be liable for any such acts.
The customer/user accepts and acknowledges that protecting the security and maintaining confidentiality of the said username (email) and password shall be the sole responsibility of the customer’s or user’s sole responsibility.
Upon successful completion of registration and the creation of a personal account, the customer/user will receive an e-mail or text (SMS) message from Aspire Online website, confirming that the customer/user has successfully registered on/with ‘Aspire Online’. The customer/user shall thereafter be authorized to access and use all of the applicable features and services provided by the website.

Purchase of products on Aspire Online

The customer/user shall be responsible for reviewing and confirming any purchase prior to placing any order on ‘Aspire Online’.
Neither the Delivery Agent, nor Hayleys Consumer Products Limited, shall be liable for any losses or damages caused as a result of the customer’s/user’s failure to review a purchase prior to placing an order on ‘Aspire Online’, or for any errors made by the customer/user with regard to any aspect of the order at the time of placing the said order, including, but not limited to, the types of the products ordered, quantities of products ordered, and the delivery address given by the customer/ user.
The acceptance and invoicing of all orders made by customers/ users on ‘Aspire Online’, and the delivery of the products and collecting of payments shall be undertaken solely and exclusively by the authorized Delivery Agent (assigned for that purpose by Hayleys Consumer Products Limited).
A customer/user whose order has been duly accepted by sending an email/SMS via ‘Aspire Online website’, is referred to hereafterin as “the Purchaser(s)”.
Hayleys Consumer Products Limited shall not be a party to any such transaction, agreement, contract, sale or purchase, by and between the Purchaser and such Delivery Agent, resulting or arising from any order placed via ‘Aspire Online’.
The Purchaser will not be permitted to cancel, alter, modify or vary any order made through ‘Aspire Online’ after the said order has been accepted and invoiced by the Website and notified to the Purchaser through ‘Aspire Online’, unless expressly permitted and allowed by ‘Aspire Online’. Any such permitted alterations, modifications, cancellations or variations can be made to the orders of the Purchasers only at the sole discretion and approval of ‘Aspire Online’.

Delivery and Acceptance of products ordered on Aspire Online

IML Delivery system (PVT) Ltd. will be the Aspire Online Authorized Delivery Agent. Aspire Online shall not be responsible for the delivery of any orders by unauthorized distributors/persons or persons who are other than from IML Delivery system (PVT) Ltd.
The ‘Aspire Online’ will use its best endeavors and shall make all reasonable attempts be liable to deliver the products within a specified time period, if a time period for delivery is expressly specified by the Delivery Agent, or has been agreed to by and between the Delivery Agent and the Purchaser at the time any particular order is placed and accepted. The Delivery Agent shall undertake the responsibility of delivering the products during regular working hours on working days, except on Sundays, Public Holidays and Mercantile Holidays.
The products will be delivered to the address registered under the customer’s/user’s personal account or any other location as expressly agreed to by and between the Delivery Agent and the Purchaser. The Delivery Agent shall not be liable for any loss or damage suffered by the Purchaser due to failure on the part of the Purchaser to accept delivery of an order at the Purchaser’s registered address or such other expressly agreed location between the Delivery Agent and the Purchaser.
The Delivery Agent (IML Deliveries) shall have the discretion to accept or refuse to accept an order placed through ‘Aspire Online’, and the Delivery Agent shall be entitled to refuse an order in the event that the Aspire Online does not possess adequate stocks or is unable to service the order for any other legitimate reason.
The delivery of the products will be accompanied with an Invoice issued by the Delivery Agent. The Purchaser shall place his signature on the said Invoice when accepting or taking possession of the products, and retain the original copy and hand over the duplicate of the same to the Delivery Agent or Delivery Agent’s authorized representative(s).
The Purchaser is responsible for physical verification of the products delivered prior to accepting delivery of same, and the Purchaser shall not be entitled or permitted to reject or return the product(s) after delivery of the product(s) has been duly accepted.
The Purchaser is entitled to reject any products or part of any products at the time of delivery, in the event that the products or their quantities do not correspond to the order, or if the products or their packaging/labelling are damaged and/or destroyed and/or defaced and/or if the goods are not in good/merchantable order or condition.

Payment for products ordered on Aspire Online

The Purchaser acknowledges that the method of payment shall be cash on delivery or any other mutually agreed form of lawful payment, and agrees to pay the Delivery Agent or his representative(s) the due price of the order (as invoiced) upon the delivery of the products at the registered address of the customer/user or at such other expressly agreed upon location between them.

Extent of Liability of Hayleys Consumer Products Limited

Hayleys Consumer Products Limited shall not be liable for the condition, quality or fitness for purpose of the products delivered by the Delivery Agent, and any liability of Hayleys Consumer Products Limited with regard to the condition of the products shall be limited/confined to liabilities imposed by law on manufacturers of such product(s).
Hayleys Consumer Products Limited shall not be liable, in any manner whatsoever, for any transaction between the Delivery Agent and the customer(s) / user(s) or Purchaser(s), in respect of servicing orders made through ‘Aspire Online’. The servicing of orders made on/through the ‘Aspire Online’ website, including accepting, invoicing, delivery of goods, payment and collection of payments, shall be the sole and exclusive duty, responsibility and liability of the Delivery Agent, and all consequent transactions shall be regarded, at all times, as transactions between the Delivery Agent and the customers/users and/or the Purchaser.
Hayleys Consumer Products Limited shall not be responsible or liable for the acceptance, refusal, invoicing, delivery of products, payment or collection of proceeds by the customer/ user or Delivery Agent as applicable in the specific instances, in respect of such orders made via the ‘Aspire Online’ website or consequent transactions, or any loss or damage arising therefrom or in connection therewith.
The liabilities of Hayleys Consumer Products Limited shall be limited to the following:
- Proper maintenance of ‘Aspire Online’ Website and its related components.
- For maintaining confidentiality and protecting ‘Aspire Online’ against Uunauthorized access, use or disclosure of any personal information or data submitted by any registered customer/user, for the purpose of registering with/on ‘Aspire Online’. However, the use of any such information/data by Hayleys Consumer Products Limited and/or any Aauthorized Delivery Agent, in order to communicate directly with the relevant customer/user and/or Purchaser, with regard to any matter, product or promotion pertaining to ‘Aspire Online’, shall not constitute unauthorized use or disclosure of such information or data.
- Provided however, that Hayleys Consumer Products Limited shall not be responsible or liable for any form of loss, damage, harm or injury whatsoever, caused to any registered customers/users and/or Purchaser(s) by Hayleys Consumer Products Limited’s inability, failure, refusal or omission to comply with any of the aforesaid obligations and/or undertakings, if any such inability, failure, refusal or omission is caused by or as a result of and/or is attributed to:
- Any significant failure/breakdown of the ‘Aspire Online’ Website, Hayleys Consumer Products server(s) or system(s), caused by or as a result of any accident, natural disaster, virus, malware infection, breach of cyber security or illegal hacking;
- Telecommunication(s) or internet failure caused by any blocking, crashing, breakdown or stoppage experienced by the telecommunication or internet service providers for the ‘Aspire Online’ website or due to any action or omission of the Government of Sri Lanka or any Government or statutory agency, which causes the same;
- Undue or prolonged absence of electricity/power from the National grid to the relevant area(s) in which the server(s) or system(s) of Hayleys Consumer Products Limited;
- Due to any routine, necessary or urgent maintenance, modifications or updates of the ‘Aspire Online’ website or in respect of the ‘Aspire Online’, Hayleys Consumer Products Limited server(s) or system(s) that are necessary to operate the ‘Aspire Online’ website.
- Any other act, event, omission or failure that is not within the reasonable control or purview of ‘Aspire Online’, Hayleys Consumer Products Limited and/or due to any unforeseen act(s) or event(s).
Hayleys Consumer Products Limited shall, subject to Clause 25 above, be responsible for the confidentiality of the data and information processed and/or acquired, stored and/or collated by or through the ‘Aspire Online’ Website, including personal information of registered customers/users. The Data Privacy Policy of Hayleys Consumer Product Limited shall be applicable in respect of all operations and functioning of ‘Aspire Online’.

Rights of Hayleys Consumer Products Limited and the customer/ user

All proprietary rights of the products displayed, including all intellectual property rights thereto, and any intellectual property rights including economic and moral rights relating to any other published content, on ‘Aspire Online’, are owned by and vested in Hayleys Consumer Products Limited.
Any registered customer/user may de-register from ‘Aspire Online’ at his/her discretion.
The ‘Aspire Online’ Website and all its related components, as developed by Hayleys Consumer Products Limited, operate as a promotional platform for the products of Hayleys Consumer Products Limited. ‘Aspire Online’ and all its related components do not constitute an independent or separate supply of products and services.

Additional Terms & Conditions due to the COVID-19 Outbreak

“Due to the prevailing situation in the country, please note that we may not be able to deliver your orders within our usual stipulated timeline. Kindly expect a delayed delivery.
“Only limited products from our portfolio may be available, due to the excess demand”
“Due to the influx of demand and visitors, there might be interruption in services on site. Kindly bear with us as we are trying to cater to all your requirements”

By registering, subscribing to, logging on and/or using the features and services of the ‘Aspire Online’ Website, you hereby acknowledge that you have read, understood and agreed to the aforesaid Terms and Conditions of ‘Aspire Online’, and consent to the applicability of the Data Privacy Policy of Hayleys Consumer Products Limited, with these terms of use –>regard to the collection and disclosure of data and information processed and acquired by or through ‘Aspire Online’.