“WINWINLK.com” is owned and managed by Aum International Holdings (Pvt) Ltd. This document governs your relationship with Aum International Holdings (Pvt) Ltd. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions, and notices. By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time.
Terms & Conditions for SELLERS
·
INTRODUCTION
-
WINWINLK is the business of the 21st century
that providing services to facilitate eCommerce via winwinlk.com online
marketplace with a platform that enables Customers and Sellers to transact
online.
-
The Seller is opened to sell their products on
the online marketplace platform with no limits for the customer base on
WINWINLK. WINWINLK offers multiple services to facilitate sales via its online
platform.
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The service provided by WINWINLK is limited to
referring customers to the Seller and accepting orders and payments on their
behalf as well as supporting, but not limited to, a range of logistics and marketing
services, to be requested and purchased by the Seller. This support is covered
within the agreed level of commission and any additional service fees.
·
ACCESS TO PLATFORM AND SELLER CENTER
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The Seller is responsible for maintaining
up-to-date information such as stock availabilities and price increasements of
their business on Seller Store, but not limited to, address and bank account
number. WINWINLK is not responsible for any incorrect information provided by
the Seller. It's the seller's responsibility to make sure that the seller's
information is correct up to time/date.
-
The Seller is strongly responsible for the
safety and security of their password and should not disclose account passwords
to any third parties. The Seller is responsible for any use of or action is
taken under the password. WINWINLK is not responsible for the seller's account
security such as password leaks from the seller's side.
-
Every message sent to the Seller through his
registered email in the Seller Store account or via Seller Store which did not
receive an answer or written objection within 48 hours will be worth agreement
between WINWINLK and the Seller.
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The Seller should complete a training module to
be ready for operating on the online platform or the seller should take the
guidance from the seller onboarding crew of WINWINLK.
·
FEATURING PRODUCTS ON THE PLATFORM
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Where a Customer places an order, it shall be
deemed to be an acceptance of the Seller's offer to sell the Product and the binding contract should come into force between the Customer and the Seller.
Terms of the contract are offered by the Seller and are agreed to by the
Customer and have no relation with WINWINLK.
-
Any Product(s) featured on the Platform maybe
delisted by WINWINLK if the sale of that Product would contravene any law or
the Seller breaches any of its obligations under this agreement and in such
case, the Seller shall be notified immediately. Otherwise, the seller account
will be suspended/hold by the WINWINLK.
-
The seller must provide WINWINLK with the
Required Product Information in the prescribed format. This information must be
true and in line with the actual physical Product. The Seller will be
responsible for listing their products as they want.
-
WINWINLK reserves the right to use, reproduce,
modify, adapt, publish, translate, create and distribute any content that the
seller provides.
-
WINWINLK will not be responsible for ant,
mediate any disputes or resolve between the Seller and a Customer.
·
PAYMENTS
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When Seller sent their goods using courier
service to our customer, we can find out through their tracking numbers. Once
the order confirmation is received, WINWINLK may send the seller's money.
-
WINWINLK has given 48 hours to customers to
confirm, complain, question, or inquire about his/her received product.
- After that, we proceed with Sellers payments according to the below-mentioned steps
- If every month, product deliver date and 48 hours of customer confirmation is within 1st to 10th of that month- We release payment on day 15.
- If every month, product deliver date and 48 hours of customer confirmation is within 11th to 20th of that month- We release payment on day 25th.
- If every month, product deliver date and 48 hours of customer confirmation is within 21st to 30th or 31st of that month- We release payment on day 5th of next month.
-
If a customer complains about products, WINWINLK
may hold the seller's payments and inquire with both parties. If the Seller is
cannot be handed the ordered item(s), we refund money to the customer(s).
-
WINWINLK will ensure payment statements are
available on the Seller Store with all the relevant payment information.
-
In case a payment has been issued by WINWINLK to
the Seller for a delivered item that is later returned to WINWINLK by the
customer, WINWINLK will deduct the equivalent amount in the next cycle and
return the product to the Seller.
·
OBLIGATIONS
-
WINWINLK may forward all the questions or
complaints received by the Customer Service department/the Seller department
regarding any sold Product(s) to the Seller. The Seller should be responsible
to WINWNLK on all such questions or complaints within 48 hours of the questions
or complaints cycle. The responses that come from the seller's side will be
forwarded to the particular customer throughout WINWINLK.
-
If the seller fails to respond within 48 hours,
WINWINLK may proceed to the customer's requirements first.
·
CANCELLATIONS & RETURNS/REFUNDS
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The Seller agrees that a Customer may cancel an
order for any Product in any category before it has been shipped to the
customer.
-
The Seller authorizes WINWINLK to provide the
Customer with a refund where the Customer has pre-paid for the Product and
he/she cancels the order before it has been shipped or the Product is rejected
and/or the Product is returned.
-
In case of a return, WINWINLK may, at its
discretion, bill the Seller for the cost of shipping the Product from the
customer to WINWINLK or the seller.
-
Unless stated otherwise in the Return Policy
concerning any particular category of Products, the Seller will accept returns
of Products as followings,
o
Incorrect Product
o Incomplete Product
o
The product includes the original tags, user
manual, warranty cards, freebies, and accessories.
o
The product is returned in the original and
undamaged manufacturer packaging/box.
·
COMMISSION
-
Seller commissions are calculated as a
percentage of the sales price and will be withdrawn to the specific bank account that the seller had provided.
- WINWINLK reserves the right to adjust the percentage of the commission calculation defined in the commission schedule and will notify the seller in advance.
Terms & Conditions for CUSTOMERS
· INTRODUCTION
-
These terms and conditions shall govern your use
of our website.
-
By using our website, you accept these terms and
conditions in full; accordingly, if you disagree with these terms and
conditions or any part of these terms and conditions, you must not use our
website.
-
If you register with our website, submit any
material to our website or use any of our website services, we will ask you to
expressly agree to these terms and conditions.
-
You must be at least [18] years of age to use
our website; and by using our website or agreeing to these terms and
conditions, you warrant and represent to us that you are at least [18] years of
age.
-
Our website uses cookies; by using our website
or agreeing to these terms and conditions, you consent to our use of cookies in
accordance with the terms of our privacy policy.
·
COPYRIGHTS
-
Copyright (c) 2016, Aum International Holding (Private)
Limited.
-
Subject to the express provisions of these terms
and conditions:
o
we, together with our licensors, own and control
all the copyright and other intellectual property rights in our website and the
material on our website; and
o
All the copyright and other intellectual
property rights in our website and the material on our website are reserved.
·
LICENSE TO THE PLATFORM
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You may:
o
view pages from our website in a web browser.
o
download pages from our website for caching in a
web browser.
o
print pages from our website.
o
use our website services utilizing a web
browser.
o
subject to the other provisions of these terms
and conditions.
-
Except as the other provisions of these terms
and conditions, you must not download any material from our website or save any
such material to your computer.
-
You may only use our website for your own
personal and business purposes, and you must not use our website for any other
purposes.
-
Except as expressly permitted by these terms and
conditions, you must not edit or otherwise modify any material on our website.
-
Unless you own or control the relevant rights in
the material, you must not:
o
republish material from our website (including
republication on another website).
o
sell, rent, or sub-license material from our
website.
o
show any material from our website in public.
o
exploit material from our website for a
commercial purpose; or
o
redistribute material from our website.
-
We reserve the right to restrict access to areas
of our website, or indeed our whole website, at our discretion; you must not
circumvent or bypass, or attempt to circumvent or bypass, any access
restriction measures on our website.
·
ACCEPTABLE USE
You may not,
o
use our website in any way or take any action
that causes or may cause, damage to the website or impairment of the
performance, availability, or accessibility of the website.
o
use our website in any unlawful way,
illegal, fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity.
o
use our website to copy, store, host, transmit,
send, use, publish or distribute any material which consists of (or is linked
to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit,
or other malicious computer software.
o
conduct any systematic or automated data
collection activities (including without limitation scraping, data mining, data
extraction and data harvesting) on or about our website without our
express written consent.
o
access or otherwise interact with our website
using any robot, spider, or other automated means.
o
violate the directives set out in the robots.txt
file for our website, or
o
use data collected from our website for any
direct marketing activity (including without limitation email marketing, SMS
marketing, telemarketing, and direct mailing).
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You must not use data collected from our website
to contact individuals, companies, or other persons or entities.
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You must ensure that all the information you
supply to us through our website, or about our website, is true,
accurate, current, complete, and non-misleading.
·
REGISTRATION & ACCOUNTS
-
To be eligible for an individual account on our
website under this section, you must be at least 18 years of age.
-
You may register for an account with our website
by completing and submitting the enrolment form provided by the company and
entering the verification code in the email that the website will send to you].
-
You must not allow any other person to use your
account to access the website.
-
You must notify us in writing immediately if you
become aware of any unauthorized use of your account.
-
You must not use any other person's account to
access the website [unless you have that person's express permission to do so].
·
USER DATA
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If you register for an account with our website,
we will provide you with a user ID and password.
-
Your user ID must not be liable to mislead and
must comply with the content rules set out in section CONTENT RULES; you must
not use your account or user ID for or in connection with the impersonation of
any person.
-
You must keep your password confidential.
-
You are given the facility to reset your
password on any occasion using the 'Forgot Password' link in the login of the
website and using the link in the email that the website will send to you.
-
You must notify us in writing immediately if you
become aware of any disclosure of your password.
-
You are responsible for any activity on our
website arising out of any failure to keep your password confidential and may
be held liable for any losses arising out of such a failure.
·
CANCELLATIONS & SUSPENSIONS OF ACCOUNTS
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We may:
o
suspend your account.
o
cancel your account; and/or
o
edit your account details.
o
at any time in our sole discretion without
notice or explanation.
-
We may suspend your account as per the above part
due to failing of fulfilling the requirement given by the company, cancel your
account due to breaching of terms and conditions and company policy.
·
CONTENT LICENSE
-
In these terms and conditions, "your
content" means all works and materials (including without limitation text,
graphics, images, audio material, video material, audio-visual material,
scripts, software, and files) that you submit to us or our website for storage
or publication on, processing by, or transmission via, our website.
-
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate,
and distribute your content in any existing or future media / reproduce store
and publish your content on and concerning this website and any successor
website / reproduce, store and, with your specific consent, publish your
content on and about this website.
-
You grant us the right to sub-license the
rights licensed under the above point.
-
You grant us the right to bring an action for
infringement of the rights licensed.
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You hereby waive all your moral rights in your
content to the maximum extent permitted by applicable law, and you warrant and
represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
-
You may edit your content to the extent
permitted using the editing functionality made available on our website.
-
Without prejudice to our other rights under
these terms and conditions, if you breach any provision of these terms and
conditions in any way, or if we reasonably suspect that you have breached these
terms and conditions in any way, we may delete, unpublish or edit any or all of
your content.
·
CONTENT RULES
-
You warrant and represent that your content will
comply with these terms and conditions.
-
Your content must not be illegal or unlawful,
must not infringe any person's legal rights, and must not be capable of giving
rise to legal action against any person (in each case in any jurisdiction and
under any applicable law).
-
Your content, and the use of your content by us
following these terms and conditions, must not:
o
be libelous or maliciously false.
o
be obscene or indecent.
o
infringe any copyright, moral right, database
right, trademark right, design right, right in passing off, or other
intellectual property right.
o
infringe any right of confidence, right of
privacy or right under data protection legislation.
o
constitute negligent advice or contain any
negligent statement;
o
constitute an incitement to commit a crime,
instructions for the commission of a crime or the promotion of criminal
activity.
o
be in contempt of any court, or breach of any
court order;
o
be in breach of racial or religious hatred or
discrimination legislation.
o
be blasphemous.
o
be in breach of official secrets legislation.
o
be in breach of any contractual obligation owed
to any person.
o
depict violence in an explicit, graphic or
gratuitous manner.
o
be pornographic, lewd, suggestive, or sexually
explicit.
o
be untrue, false, inaccurate, or misleading.
o
consist of or contain any instructions, advice
or other information which may be acted upon and could, if acted upon, cause
illness, injury or death, or any other loss or damage.
o
constitute spam.
o
be offensive, deceptive, fraudulent,
threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory
or inflammatory; or cause annoyance, inconvenience, or needless anxiety to any
person.
·
WARRANTY
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We do not warrant or represent:
o
the completeness or accuracy of the information
published on our website;
o
that the material on the website is up to date;
or
o
that the website or any service on the website
will remain available.
-
We reserve the right to discontinue or alter any
or all of our website services, and to stop publishing our website, at any time
in our sole discretion without notice or explanation; and save to the extent
expressly provided otherwise in these terms and conditions, you will not be
entitled to any compensation or other payment upon the discontinuance or
alteration of any website services, or if we stop publishing the website.
-
To the maximum extent permitted by applicable
law and subject to this section’s 1st point, we exclude all
representations and warranties relating to the subject matter of these terms
and conditions, our website, and the use of our website.
·
LIMITATIONS AND LIABILITY
-
Nothing in a contract under these terms and
conditions will:
o
limit or exclude any liability for death or
personal injury resulting from negligence;
o
limit or exclude any liability for fraud or
fraudulent misrepresentation.
o
limit any liabilities in any way that is not
permitted under applicable law; or
o
exclude any liabilities that may not be excluded
under applicable law.
-
The limitations and exclusions of liability set
out in the section about WARRANTY and elsewhere in a contract under these terms
and conditions:
o
are subject to section WARRANTY, and
o
govern all liabilities arising under that
contract or relating to the subject matter of that contract, including
liabilities arising in contract, in tort (including negligence), and for breach
of statutory duty, except to the extent expressly provided otherwise in that
contract.
o
To the extent that our website and the
information and services on our website are provided free of charge, we will
not be liable for any loss or damage of any nature.
-
We will not be liable to you in respect of any
losses arising out of any event or events beyond our reasonable control.
-
We will not be liable to you in respect of any
business losses, including (without limitation) loss of or damage to profits,
income, revenue, use, production, anticipated savings, business, contracts,
commercial opportunities, or goodwill.
-
We will not be liable to you in respect of any
loss or corruption of any data, database, or software.
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We will not be liable to you in respect of any
special, indirect, or consequential loss or damage.
-
You accept that we have an interest in limiting
the personal liability of our officers and employees and, having regard to that
interest, you acknowledge that we are a limited liability entity; you agree
that you will not bring any claim personally against our officers or employees
in respect of any losses you suffer in connection with the website or these
terms and conditions (this will not, of course, limit or exclude the liability
of the limited liability entity itself for the acts and omissions of our
officers and employees).
·
BREACHES OF TERMS & CONDITIONS
-
Without prejudice to our other rights under
these terms and conditions, if you breach these terms and conditions in any
way, or if we reasonably suspect that you have breached these terms and
conditions in any way, we may:
o
send you one or more formal warnings;
o
temporarily suspend your access to our website;
o
permanently prohibit you from accessing our
website;
o
block computers using your IP address from
accessing our website;
o
contact any or all of your internet service
providers and request that they block your access to our website;
o
commence legal action against you, whether for
breach of contract or otherwise; and/or
o
suspend or delete your account on our website.
-
Where we suspend or prohibit or block your
access to our website or a part of our website, you must not take any action to
circumvent such suspension or prohibition or blocking (including without limitation
creating and/or using a different account).
·
VARIATIONS
-
We may revise these terms and conditions from
time to time.
-
The revised terms and conditions shall apply to
the use of our website from the date of publication of the revised terms and
conditions on the website, and you hereby waive any right you may otherwise
have to be notified of, or to consent to, revisions of these terms and
conditions. / We will give you written notice of any revision of these terms
and conditions and the revised terms and conditions will apply to the use of
our website from the date that we give you such notice; if you do not agree to
the revised terms and conditions, you must stop using our website.
-
If you have given your express agreement to
these terms and conditions, we will ask for your express agreement to any
revision of these terms and conditions; and if you do not give your express
agreement to the revised terms and conditions within such period as we may
specify, we will disable or delete your account on the website, and you must
stop using the website.
·
ASSIGNMENT
-
You hereby agree that we may assign, transfer,
sub-contract or otherwise deal with our rights and/or obligations under these
terms and conditions.
-
You may not without our prior written consent
assign, transfer, sub-contract, or otherwise deal with any of your rights and/or
obligations under these terms and conditions.
·
SEVERABILITY
-
If a provision of a contract under these terms
and conditions is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect.
-
If any unlawful and/or unenforceable provision
of a contract under these terms and conditions would be lawful or enforceable
if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect.
·
THIRD-PARTY RIGHTS
-
A contract under these terms and conditions is
for our benefit and your benefit, and is not intended to benefit or be
enforceable by any third party.
-
The exercise of the parties rights under a contract under these terms and conditions is not subject to the consent of any
third party.
·
AGREEMENT
-
Subject to the section WARRANTY, these terms and
conditions, together with our privacy policy], shall constitute the entire
agreement between you and us about your use of our website and shall
supersede all previous agreements between you and us about your use of
our website.
·
LAW AND JURISDICTION
-
A contract under these terms and conditions
shall be governed by and construed by [English law].
-
Any disputes relating to a contract under these
terms and conditions shall be subject to the exclusive/non-exclusive
jurisdiction of the courts of Sri Lanka.
·
STATUTORY AND REGULATORY DISCLOSURES
-
We are registered under the Companies Act, No. 7
of 2007; you can find the online version of the register at www.winwinlk.com
and our registration number is PV 114146.
-
We are registered as Aum International Holding
(Private) Limited with the Company Registrar in Sri Lanka.
-
We subscribe to code(s) of conduct, which can be
consulted electronically.
·
CONTACT US/ABOUT US
-
This website is owned and operated by Aum
International Holding (Private) Ltd.
-
We are registered in Sri Lanka under
registration number PV 114146 , and our registered office is at 70A, Godagama
gedara, Magedara, Galle, Sri Lanka.
-
You can contact us by writing to the business at the address is given above, by using our website contact form, by email to info@winwinlk.com