Terms And Conditions

Last Updated : 01-04-2022

Please read the following Terms and Conditions (“Agreement”) carefully.

This Agreement together with our privacy policy which can be found at “Privacy Policy” is a legal agreement between you and Ombo Technologies (Private) Limited (hereinafter referred to as  “we”, “us”, “our”). By downloading, accessing, installing or using our mobile application named “eDrops” (“Application”) and/or by using or receiving any services supplied to you by us such as any Application updates, supplements, functionalities, features, internet-based services, and support or other related services (“Services”), you represent to us that you are legally competent to enter into and agree to the terms of this Agreement.

If you do not agree to the terms of this Agreement and our Privacy Policy, please do not access, install or use the Services.

You will be subject to the Agreement in force at the time a contract is formed between you and us (as set out in the section titled “Our Agreement With You”). Subject to the above, you agree that each visit you make to Application will be subject to the then-current Agreement, and continued use of the Services now or following modification of this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term “you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the Application or uses or receives any Services.

Modifications

We expressly reserve the right to change this Agreement from time to time without any notification to you. Any changes to this Agreement shall be immediately binding upon any new or pre-existing user. You agree that it is your responsibility to review this Agreement from time to time and to familiarize yourself with any modifications. Your continued use of the Application and Services after such modifications will constitute acknowledgement of the modifications and agreement to abide and be bound by the revised Agreement.

Use of our Services

The Services comprises of the Application which is a technology platform through which you can select grocery products (“Products”) which shall be packed and delivered to your location by us.

To register with the Application and receive the Products:

• a. you must be 18 years of age or over
• b. You must be a consumer (that means people who want to buy our Products for their personal use and not for any business purposes).

Therefore, by placing an order with us through our Application, you are confirming to us that you are a consumer and that you are at least 18 years old. We reserve the right to reject or cancel your order if we reasonably think that you are buying our Products for business purposes or if you are below 18 years old. However, we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.

Our Agreement With You

Each time you place an order for Products and we accept it, a new Agreement is created between you and us. We will provide confirmation of receipt and acceptance of your order by email sent to the address you provided once we have received your order and payment is made, at which point the Agreement will come into existence between you and us.

We can only deliver Products to specific locations. You place the order for the Products you would like to purchase on our Application by following the onscreen prompts. You will have the opportunity to check and correct any errors in your order up until the point at which you place your order by clicking the [“Confirm and Pay”] button on the order summary page. No changes may be made to your order after this point (including cancellation). The delivery fee will be displayed at the check-out.

Once those steps are completed, the payment process will be initiated through our third party payment processor authorizing your credit or debit card for the full amount of your purchase . If payment is successful, you will receive a notification via the Application containing your order confirmation number stating that we are processing your order. An Agreement between us will be formed only when we dispatch your order and confirm the Products you will receive. The point of dispatch is also the point of supply.

Once your order is ready for dispatch, you will receive a notification via the Application that the Products are “on our way ” to confirm when your products will be delivered to you. If for any reason we cannot provide you with a product in your order, you will be contacted by our customer services team using the telephone number you provided when registering.

Products may only be ordered in household quantities. We reserve the right to either (i) cancel an order; or (ii) deliver using multiple riders in the event that an order is in excess of a household quantity

Products

The information of the Products contained on our Application has been published in good faith and we will do our best to ensure that it is accurate. However, it may occasionally be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where such information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected Products, or if your order has already been accepted, not to supply the affected Products to you. We will notify you if this is the case and will not charge you for the Product.

Account Requirements

To create an account and register for any of the Services through the Application, you must provide your full legal name, a valid email address for you, a valid phone number for you , and any other information requested to complete the signup process (the “Registration Data”). The information We obtain through Your use of the Services, including Your Registration Data, is subject to Our Privacy Policy.

When registering an Account, You agree to provide only true, accurate, current and complete Registration Data and to promptly update the Registration Data thereafter as necessary.

You are the sole authorized user of your account. If you use the Services, you are responsible for maintaining the confidentiality of your account, account information and password and for restricting access to your mobile, computer, smartphone, laptop or any other device (“Device”), and you agree to accept responsibility for all activities that occur under your account or password. If you suspect that any unauthorized third party is using your account, you agree to notify us immediately.  

We reserve the right to refuse Services, terminate your account, remove or edit content, or cancel orders for your failure to abide by the terms as set forth in this Agreement or to comply with applicable law.

Usage

Your use of the Services is subject to all applicable laws.

It is your responsibility to provide the Device, wireless service/data plan, software, internet connections and/or other equipment needed, in order to download, install and use the Services. You are solely responsible for any fee, cost or expense that your wireless carrier, mobile platform provider or any other third-party operator may charge you to download, install and/or use the Services via your Device. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies and terms of use of these third parties. We do not guarantee that the Services can be accessed and used on any particular Device or with any particular service plan. We do not guarantee that the Services will be available in, or that orders for products can be placed from, any particular geographical location.

We reserve the right to change, suspend, remove, or disable access to the Services at any time without notice. Subject to our ongoing obligations relating to orders previously accepted by us, (i) we will not be liable for the removal of or disabling of access to the Services, and (ii) we may also impose limits on the use of or access to the Application or to certain Services, in any case and without notice or liability.

As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside the Application (“Push Notifications”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Notifications. You have control over the Push Notifications settings, and can opt in or out of these Push Notifications through the Services or through your Device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Notifications through our Application.

License Grant

Subject to the term and conditions of this Agreement, your compliance with this Agreement and your payment of any applicable fees, we hereby grant to you a non-exclusive, non-transferable license to

download and make personal use the Application and Services on any Device that you own or control. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Application.

You may not rent, lease, lend, sell, resell, redistribute, or sublicense or otherwise transfer in whole or in part the Application to another party. You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify, or provide access, permissions, or rights to work around any technical limitations in the Application and these terms. You may not copy (except as expressly permitted by this license) or publish the Application for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof. The license does not include any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the Application on a Device that you do not own or control and you may not distribute or make the Application available over a network where it could be used by multiple Devices at the same time.

You may not frame or utilize framing techniques to enclose or remove any titles, trademarks or trade names, logo, copyright notices, or other proprietary markings (including images, text, page layout, or form) in the Application and its documentation. You may not use any meta tags or any other “hidden text” utilizing our trade name or trademarks. You may not misuse the Services. You may use the Services only as permitted by applicable law and this Agreement.

Any violation of these license restrictions is a violation of our rights. If you breach these restrictions, the licenses granted by us to you shall terminate and you may be subject to prosecution and damages.

Title And Ownership

We reserve and retain all rights, title, and interest in and to the Application, Services and their content including their “look and feel” (e.g., text, graphics, images, logos), and in all related copyrights, trade secrets, patents, trademarks, domains, logos, trade dress and any other intellectual and industrial property and proprietary content, rights,  registrations, applications, renewals, and extensions of such rights and you agree not to take any action(s) inconsistent with such ownership interests.  

We retain all rights not expressly granted to you under this Agreement. You are not granted any rights to any patents, patent applications, copyrights, trade secrets, trademarks, service marks or other intellectual property rights on account of this Agreement.

Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by us or otherwise relating to the Services (collectively, “Revisions”), are and will remain property owned by us. You agree that, by submitting any Feedback or Revisions, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback and Revisions (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Feedback and Revisions.

Your Obligations

You undertake that –

• (a). you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement;
• (b). you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct;
• (c). you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”;
• (d). you will not use the Services to cause nuisance, annoyance or inconvenience;
• (e). you will not try to harm the Services in any way whatsoever;
• (f). you will not copy, or distribute the Services or other content;
• (g). you will only use the Services for your own use and will not resell them to a third party;
• (h). you will keep secure and confidential your account password or any identification we provide you which allows access to the Services;
• (i). you will provide us with whatever proof of identity we may reasonably request;
• (j). you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use, or disclose your password or username to any other person, or allow your password or username to be used by any other person to access the Application and Services.

Fees and refunds

Our fees are inclusive of applicable taxes, such as VAT . Delivery charges will be calculated at checkout.

Any fees which we may charge you for the Services are due immediately. When you initiate a transaction with us, our third party payment processor will authorize your credit or debit card for the full amount of your purchase. We may decline an order if such authorization fails, we are out of stock or your order cannot be served due to other reasons.

If your order is declined by us but any fees have been charged by us for such order, you will receive a full refund. If your order is canceled by you after it has been sent for delivery, you will receive a full refund. A full refund may be issued by us for any other reason determined at our sole discretion.

We, at our sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Services in our sole discretion, provided that no such change shall impact orders accepted by us prior to the publication of the change.

Consent For Use of Personal Data

You agree that use of this Application and Services requires your personal data, and we will have the right to store your personal data and to transmit such data. Such transfer, processing or storage shall only be to the extent necessary for, and for the sole purpose of, enabling us to provide you the Service and perform our obligations hereunder. You also consent to us sending you Push Notifications via our Services from time to time, as necessary to provide our Services to you. Information that we collect from you is morefully set out and is subject to the terms found in our Privacy Policy.

User Content

While you retain all rights to your content that you share with us, you grant us and our agents and affiliates a non-exclusive, fully paid, sub-licensable and transferable right to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Application and Services. The rights you grant in this license are for the limited purpose of operating and providing our Application and Services.

Third Party Information or Content

Certain components or features of the Application may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with us. You acknowledge and agree that we do not endorse or warrant the accuracy of any such sites or resources. You further acknowledge and agree that we (i) are not responsible for the availability of such sites or resources; (ii) shall in no way be liable or responsible for any content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, advertising, products or materials available or any other aspect of such sites or resources; and (iii) shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such third party websites, hyperlinks to other resources, content, advertising, products or materials on or available from such sites or resources. Queries about such third party websites or other resources should be directed to their operators and are subject to such third party’s terms and conditions.

Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

WE SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD- PARTY DATA AND CONTENT, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA AND CONTENT IS OUTSIDE OF OUR CONTROL. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA OR CONTENT PROVIDED BY THIRD PARTIES, DELAYS RESULTING FROM THIRD PARTY SUPPLIERS OR FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS THAT ARISE DURING AS LONG AS THIS AGREEMENT ARE VALID AND THAT CANNOT BE PREVENTED OR MITIGATED BY US.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, DIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, SUBSTITUTE GOODS, OUT OF POCKET COSTS OR ANY OTHER PURE ECONOMIC LOSSES, COMMERCIAL DAMAGES OR LOSSES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, US, OR YOUR USE OR INABILITY TO USE THE  APPLICATION AND SERVICES, HOWEVER CAUSED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE OR ALTERATION TO YOUR EQUIPMENT INCLUDING, BUT NOT LIMITED TO, COMPUTER EQUIPMENT, HANDHELD DEVICE, OR MOBILE TELEPHONES AS A RESULT OF THE INSTALLATION OR USE OF THE SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, US, OR OUR APPLICATION AND SERVICES EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE TERMS SET FORTH IN THIS AGREEMENT OR TO COMPLY WITH APPLICABLE LAWS. WE EXPLICITLY RESERVE THE RIGHT TO REFUSE ACCESS TO THE SERVICES OR FILE LEGAL ACTION AT ANY TIME WITHOUT NOTICE FOR YOUR FAILURE TO ABIDE BY THE TERMS AS SET FORTH IN THIS AGREEMENT OR TO COMPLY WITH APPLICABLE LAWS.

Delays beyond our control

If our supply of the Products is delayed by an event beyond our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement and receive a refund for any Products you have paid for but not received.

Indemnity

If anyone brings a claim (“Third-Party Claim”) against us related to your actions, information, or content provided to us, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, defend, indemnify, and hold us harmless, our affiliates, employees, officers, agents, managers, members and successors, and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) your use of the Application and Services under this Agreement, or (ii) any violation of law, by you or (iii) any misrepresentation made by you. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Application and Services. You will cooperate as fully as required by us in the defense or settlement of any such Third-Party Claim.

Termination

This Agreement is effective until the earlier of the date that you uninstall the Application, or you fail to comply with any term of this Agreement, or we terminate this Agreement.

You agree that we may, in our sole discretion, terminate or suspend your access to all or part(s) of the Services with notice and for any reason that we believe in good faith to be a breach of this Agreement including but not limited to instances where we believe: (a) you have violated this Agreement, (b) there is any type of suspicious activity, (c) someone else is using your account, (d) you are mistreating our delivery partners, or (e) you are claiming refunds to which you are not entitled.

If we terminate or suspend your right to use the Services for any of these reasons, you will not be entitled to any refund. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Furthermore, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Application and Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files on the Application. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

All provisions of this Agreement which by their nature would reasonably be anticipated to survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Injunctive Relief

You agree that financial compensation alone may not be adequate for us if there is a breach or threatened breach of the Agreement and that we are entitled to seek all remedies available to use (including, but not limited to, injunctions and requiring you to do certain things) to stop you using our Application in breach of the Agreement.

General Provisions

Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and replaces, amends, and supersedes any prior agreements between you and us pertaining to the subject matter hereof.

Assignment/Transfer: You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing. We may transfer or assign our rights and obligations under this Agreement to another organization without notification to you.

Governing Law. This Agreement will be governed and construed under the laws of Sri Lanka without regard to conflict of laws. You agree to submit to the exclusive jurisdiction of the Courts located in Colombo, Sri Lanka.

Waiver/Severability. The waiver or failure of either you or us to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance this Agreement shall remain enforceable.

Force Majeure. If the performance of any part of this Agreement is prevented, hindered, delayed, or otherwise made impracticable by reason of any cause or event not within the reasonable control of us and without our fault or negligence, we shall then be excused from such to the extent that it is prevented, hindered, or delayed by such causes.

Headings. The headings contained in this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement.

How to contact us

You can contact us by writing to us at [email protected]