These Terms and Conditions govern your use of the keellssuper.com website (the Site)
and your relationship with Jaykay Marketing Services (Private) Limited (JKMSL, we
or us). 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 keellssuper.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 JKMSL 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 John Keells Holdings Limited
and that of the Hongkong and Shanghai Banking Corporation Limited (HSBC)
, Nations Trust Bank (NTB) relating to online payments.
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 keellssuper.com you must be over eighteen 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.
No license is granted to you in these Terms and Conditions to use any of our trade
mark(s) or our affiliated companies including, without limitation, the trade marks
Keells, Keells Super, Super K, Elephant House.
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
We reserve the right to refuse to post material on the Site or to remove material
already posted on the Site. You will indemnify us against all losses, liabilities,
costs and expenses reasonably suffered or incurred by us, all damages awarded against
us under any judgment by a court of competent jurisdiction and all settlements sums
paid by us as a result of any settlement agreed by us arising out or in connection
with: any claim by any third party that the use of the Site by you is defamatory,
offensive or abusive, or of an obscene or pornographic nature, or is illegal or
constitutes a breach of any applicable law, regulation or code of practice; any
claim by any third party that the use of the Site by you infringes that third party's
copyright or other intellectual property rights of whatever nature; and any fines
or penalties imposed by any regulatory, advertising or trading body or authority
in connection with the use of the Site by you.
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
email@example.com ,and we will attempt to correct the fault as
soon as we reasonably can.
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
- incompatibility of the Site with any of your equipment, software or telecommunications
- technical problems including errors or interruptions of the Site
- unsuitability, unreliability or inaccuracy of the Site
- inadequacy of the Site to meet your requirements
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
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.
We RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT
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
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
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
The keellssuper.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:+94 112 303500 (Between 2.00 G.M.T. - 11.00 G.M.T.)
Fax:+94 11 2303555
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.