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Terms and conditions



Privacy and Confidentiality

Welcome to the anawumonline.com website (the "Site") operated by ICAN Holdings (Private) Limited. We respect your privacy and want to protect your personal information. To learn more, please read this Privacy Policy. This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting the Site directly or through another site, you accept the practices described in this Policy. Data protection is a matter of trust and your privacy is important to us. We shall therefore only use your name and other information which relates to you in the manner set out in this Privacy Policy. We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you. We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected. You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have an account on the Site and log on with your user name and password.


Seller Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Platform, transact or use the Platform. Flipkart reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Flipkart’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.


Your Account and Registration Obligations

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform. You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’.
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see “Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.


Content Posted on the Platform

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Anawumonline.com has no responsibility or liability over such third-party generated Content as Anawumonline.com is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Anawumonine’s prior written consent. You may use the information on the products and services made available on the Platform for downloading provided you:



(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.


You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.


Selling

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Anawumonline reserves the right to delete such multiple listings of the same product listed by you in various categories. Flipkart reserves the right to restrict the selling of products originating from certain countries


Honesty in MRP

Please note the trust you build with your buyers will go away if you deliberately or unwillingly show higher price, so that the selling price appears to reasonable and competitive. Deal prices should be less with actual price. Artificial increase of MRP is strictly prohibited at Anawumonline.com and any violation will result into account suspension and proceed information to law enforcement authorities.


Pricing Policy

Please note that trust is the most important aspect of trade between buyers and sellers in marketplace and one of the key aspects of trust is fair pricing. For healthy transaction flow at Anawumonline.com, we ask you to price your items responsibly. Please note that we are constantly monitoring prices for each merchant at various channels and do not allow you to price your items at higher prices at Anawumonline.com vs other channels such as your own retail store, your own Website (if any) or any other 3rd party retail stores or Websites. You should price your items sold at Anawum.com to be same as the lowest rate you are selling at elsewhere or even lower but it should not be more. Violation of our pricing policy will result into warning notices and can also result into account suspension and/or store suspension.


Customer communication Policy

Sellers/merchants at Anawumonline.com are prohibited to engage in direct communication with buyers for any pre-sale, order, payments, shipping, post sale or returns related matters. Merchants are also not allowed to engage in direct or indirect marketing, communication with buyers at Anawumonline.com. For specific product inquiries, warranties, shipping/delivery etc., Anawumonline.com can intermediate the communication between buyer and sellers. However, sellers/merchants should not be engaged in communication with the buyers. Violations of policy may result in a range of actions including:


  • Product Listing cancellation
  • Limits on account privileges
  • Account suspension
  • Loss of Top Rated Merchant status at Anawumonline.com

Return Policy

Returns/Replacement are accepted under the following cases – and buyer should check the ordered products at the presence of the delivery person.

  • Wrong Product – Wrong color/ size/ style
  • Wrong item ordered/ delivered
  • Unsatisfactory Product – Inauthentic/ Low Quality/ Expired
  • Defective Product - Manufacturing defect/ Non-functioning (Not applicable, if the product is under Manufacturer’s Warranty)
  • Damaged Product – Physical damage/ Tampered product or packaging
  • Wrong Quantity – Missing Products/ Parts
  • No Invoice/Warranty Received – Available on Electronics only

what conditions returns/ replacement request will not be accepted?Under

Returns/ Replacement requests will not accepted under following cases –

  • If Products are Altered/ Used
  • If Product is Returned without Original Packaging (price tags, labels & accessories)
  • If Serial Number is tampered
  • For Defective product that is covered under Seller/Manufacturer's Warranty or Reported after 10 days of the Delivery
  • For Damaged/Missing product that is reported after 2 days of the delivery
  • For Products sold under specific promotions, details of which would be mentioned in the Product page and Terms & Conditions page
Which categories are not eligible for returns/ replacement?

Categories that not eligible for Returns/ Replacement are:

  • Healthcare Products
  • Customized Products
  • Undergarments, Lingerie, Swimsuits, Underarm pads, Socks, etc.
  • Perishables including Flowers, Edibles, etc.
  • E-learning & Music CDs/ DVDs
  • Gift Cards

Continuous availability of site

Our supreme effort is to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet, general factors and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction


Your submission

Whatsoever that you upload to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.


Using the site access

Registering and accessing to the site using any applicable format , you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member / vendor of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content showed and provided on this Site is entirely for informational purposes. Product representations including price, available stock, features, add-ons and any other details as expressed on this Site are the responsibility of the vendors displaying them and is not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions. This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable This site grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Anawumonline.com and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website). You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Anawumonline. You acknowledge that Anawumonile may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable. From the registration and accessing to site you agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action.

  • Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
  • Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Use the Site for illegal purposes. Post, promote or transmit through the Site any prohibited materials as deemed illegal by the laws of Sri Lanka.
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services. Interfere with another’s utilization and enjoyment of the Site;
  • Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

Reporting Intellectual Property rights infringements

The Users are independent individuals or businesses and they are not associated with Site in any way. Anawumonline is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site. If you are an intellectual property right owner or an agent duly authorised by an IPR Owner and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to [email protected] and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Anawumonline will respond to your complaint as soon as practicable. Complaints under this Section 8 must be provided in the form prescribed by the site, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow site to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorized by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorized to act on IPR Owner’s behalf to the complaint


Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.


Data that we collect

We may collect various pieces of information if you seek to place an order for a product with us on the Site. We collect, store and process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect personal information including, but not limited to, your title, name, gender, Identification number date of birth, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details. We will use the information you provide to enable us to process your orders and to provide you with the services and information offered through our website and which you request. Further, we will use the information you provide to administer your account with us; verify and carry out financial transactions in relation to payments you make; audit the downloading of data from our website; improve the layout and/or content of the pages of our website and customize them for users; identify visitors on our website; carry out research on our users' demographics; send you information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have not objected to being contacted for these purposes. Subject to obtaining your consent we may contact you by email with details of other products and services. If you prefer not to receive any marketing communications from us, you can opt out at any time. We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier). You must only submit to us the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes. Your actual order details may be stored with us but for security reasons cannot be retrieved directly by us. However, you may access this information by logging into your account on the Site. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details ( for refund purposes) and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.


Other uses of your Personal Information

We may use your personal information for opinion and market research. Your details are anonymous and will only be used for statistical purposes. You can choose to opt out of this at any time. Any answers to surveys or opinion polls we may ask you to complete will not be forwarded on to third parties. Disclosing your email address is only necessary if you would like to take part in competitions. We save the answers to our surveys separately from your email address. We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the 'unsubscribe' link in any email that we send to you. Within 7 working days (days which are neither (i) a Sunday, nor (ii) a public holiday anywhere in Srilanka) of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will contact you for clarification. We may further anonymize data about users of the Site generally and use it for various purposes, including ascertaining the general location of the users and usage of certain aspects of the Site or a link contained in an email to those registered to receive them, and supplying that anonymized data to third parties such as publishers. However, that anonymized data will not be capable of identifying you personally.


Competitions

For any competition we use the data to notify winners and advertise our offers. You can find more details where applicable in our participation terms for the respective competition.


Third Parties and Links

We may pass your details to other companies in our group. We may also pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Policy. For example, we may use third parties to assist us with delivering products to you, to help us to collect payments from you, to analyze data and to provide us with marketing or customer service assistance. We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your personal information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The Site may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.


Cookies

The acceptance of cookies is not a requirement for visiting the Site. However, we would like to point out that the use of the 'basket' functionality on the Site and ordering is only possible with the activation of cookies. Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages on the Site and they are stored by your Internet browser on your computer's hard drive. Cookies can be used to recognize your Internet Protocol address, saving you time while you are on, or want to enter, the Site. We only use cookies for your convenience in using the Site (for example to remember who you are when you want to amend your shopping cart without having to re-enter your email address) and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Site. Please accept our assurance that our use of cookies does not contain any personal or private details and are free from viruses. If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.


Security

We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secure server. We use firewalls on our servers. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer.


Your rights

If you are concerned about your data you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge. At any stage you also have the right to ask us to stop using your personal data for direct marketing purposes.


Indemnity

You agree to indemnify, defend and hold harmless Anawumonline.com, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, an employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:


(a) any transaction made on the Site, or any dispute in relation to such transaction (except where Anawumlonline or its Affiliates is the Seller in the transaction that the dispute relates to),
(b)the hosting, operation, management and/or administration of the Services by or on behalf of Anawumonline,
(c) your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein,
(d) your use or misuse of the Services,
(e) your breach of any law or any rights of a third party, or
(f) any Content uploaded by you.