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These Terms of Use (“Agreement”) is an electronic record in terms of Electronic Transactions Act, No. 19 of 2006 and rules thereunder as applicable and the any other provisions pertaining to electronic records in various statutes as amended by the Electronics Transactions Act, No. 19 of 2006.

All users of Stockpile.lk are bound by these Terms of Use.

  1. Introduction
Stockpile.lk (hereinafter referred to as “Stockpile”, “Site”, “us” and “we”) is a platform which seeks to connect customers (“Customer”) and suppliers(“Supplier”) (Customers and Suppliers are hereinafter collectively referred to as “Users” Customers may obtain, and sellers may provide; product information, quotations, and other product specifications. Stockpile facilitates its users to communicate in doing business with one another. The Site is owned and operated by Construction Trade Technologies (Private) Limited (hereinafter referred to as “CTT”).
These Terms of Use shall be updated from time to time by Stockpile, without any prior notice to you, and you hereby agree to bound by these Terms of Use as amended.


  1. How to Use
Users will be required to create an account with Stockpile, in order to access certain services offered by us. In doing so, you may be required to provide corporate and/or personal information to complete the creation of an account, and may also be contacted by us in verifying your identity. Upon creating an account with Stockpile, you will be provided a User ID and Password. You are solely responsible for maintaining the confidentiality and security of your User ID, password, and any other account details and related corporate/private information.
We advise you to take all reasonable efforts to maintain any confidential and sensitive information (including, but not limited to, payment and financial details) whilst using Stockpile, and in interacting with other Users on Stockpile.
You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be performed and/or or authorized by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account. Stockpile may, at any time, in its sole and absolute discretion, invalidate the username and/or password of any User without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such invalidation.


Customers will be able to peruse the materials and/or other items (“Products”) which are listed by Suppliers, and may choose to communicate with Suppliers in obtaining quotations for any required Products.

 

  1. License to Use
Construction Trade Technologies (Private) Limited grants you permission to view and use this Site for your own personal use, provided that you agree to and accept without modification terms and conditions set forth herein. Your use of this Site constitutes your agreement and acceptance without modification of the terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to CTT that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and/or by any law in your jurisdiction. If you do not agree and accept without modification the terms and conditions set forth herein, do not use this Site.
You may not copy (except as required for printing quotations and for taking printouts of individual pages where so permitted), distribute, transmit, display, modify, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.   


  1. No Warranties; Exclusion of Liability
Stockpile and CTT merely operate as service providers by connecting Users using the Site.

Stockpile and CTT make no representation about the suitability of the Products available on this Site for any purpose. All such Products are provided by Suppliers and/or , without warranty of any kind (express or implied) by Stockpile or CTT. , including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Neither Stockpile nor CTT shall have any liability or responsibility for any errors or omissions in the content of this Site, for your action or inaction in connection with this site or for any damage to your computer or data or any other damage you may incur in connection with this Site. Your use of this Site is at your own risk. In no event shall either Stockpile, CTT, its affiliates or agents be liable for any damages arising out of or in any way connected with the use of this Site, the Products in provided by Suppliers on this site, or otherwise arising in connection with this site.


  1. Third Party Users and Events beyond the Control of Stockpile
Stockpile merely facilitates the communication and business between the Customer and the Supplier. Any business transaction that shall arise between the Customer and the Supplier, shall remain an agreement between such parties, and shall be subject to such terms and conditions agreed by such parties.

Stockpile and CTT shall not be held responsible for any business transaction, including any quotations provided, any Products sold, and/or any negotiations that shall take place between the Customer and the Supplier, including when such communications take place using the Site. Any disputes that take place between the Customer and the Supplier in doing business using Stockpile, including disputes related to business transactions, payment, delivery, returns and/or material defects, shall exclusively remain the disputes of such concerned parties, and Stockpile and CTT shall not hold any obligation(s) in relation thereto. 

 

  1. Specific Obligations

  • Customers’ Obligations
    • Customers shall at all times provide us with true and accurate information when creating and continuing to use Stockpile.
    • Customers shall act in good faith.
    • In making orders through Stockpile, the Customer shall ensure that the specific terms and conditions (including payment terms) are agreed with the Supplier, and shall at all times act according to such terms.
    • Customer shall at all times complete any orders placed with a Supplier.
    • Customer shall clearly communicate with the Supplier.

  • Suppliers’ Obligations
    • Suppliers shall at all times provide us with true and accurate information when creating and continuing to use Stockpile.
    • Supplier shall ensure that the Product listings are true and accurate and shall contain; product specifications, product description; product data. Lack of product detail may fail the product approval.
    • Supplier shall at all times ensure that it depicts true and accurate information regarding the availability of Products and stock. Listing of materials that are not in the Supplier’s inventory shall only be for Products ordered Just-In-Time, and such lead time in delivering such Products shall be depicted by the Supplier on such product listing.
    • Supplier acknowledges that Stockpile may, at its own discretion, not approve and/or remove listings that are deemed to be; false listings, counterfeit products, listings that are in breach of this Agreement and/or in violation of any applicable law.
    • Suppliers shall act in good faith.
    • In obtaining and fulfilling orders through Stockpile, the Suppliers shall ensure that the specific terms and conditions (including payment terms) are agreed with the Customer, and shall at all times act according to such terms.
    • Suppliers shall at all times complete any orders placed by a Customer.
    • Supplier shall not provide quotations though Stockpile for any materials and/or any other item that is not listed on Stockpile.
    • Supplier shall clearly communicate with Customers and shall use an active email address in order to receive notifications from Stockpile.

  1. Privacy
Your use of the Site shall more fully be governed by Stockpile’s Privacy Statement. All identifiers, user activity, commercial information, and content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at the sole discretion of Stockpile and CTT.

 

  1. Content posted to the Site 
By submitting any content to the Site, represents and warrants that;
    • you are the sole author and owner of the intellectual property rights thereto, and/or that you have such owner’s permission to use the same; 
    • use of the content you supply does not violate this Agreement and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content that;
    • is known by you to be false, inaccurate or misleading; 
    • infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
    • violates any law, statute, ordinance or regulation;
    • is, or may reasonably be considered to be, defamatory, hateful, racially or religiously offensive;
    • contains any computer viruses or other potentially damaging computer programs or files.

All content submitted and/or posted to the Site, shall be deemed to be a perpetual, irrevocable, royalty-free, transferable right and license from you to Stockpile and CTT to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You acknowledge that you, and not Stockpile, are responsible for the contents of your submission to the Site.
Stockpile reserves it right to change, amend or delete any content on this Site that it deems, at its sole discretion, to be in violation of this Agreement.


  1. Review Policy
Customers shall be eligible to review Suppliers (, and are encouraged to do so. All reviews submitted on the Site shall only be published upon verification by Stockpile.

Reviews may be investigated by Stockpile, and Stockpile may at its own discretion take steps to suspend, remove any User and/or listing (as appropriate), for any reason whatsoever (including for malicious negative reviews).


  1. Indemnity
You agree to indemnify and hold Stockpile and CTT (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including legal fees, arising out of a breach of your obligations set forth above, or your violation of any law or the rights of a third party.Intellectual Property
The Site, its software, and trademarks and/or references to Stockpile shall be the Intellectual Property of Stockpile and CTT. Stockpile’s software includes any software (including any updates or upgrades to the software and any related documentation) that are made from time to time to Stockpile (“Software”).

Stockpile may, from time to time, offer automatic or manual updates to the Software, at its own discretion at any time and without notice to you.

 

  1. General
You agree that this Agreement and your use of this Site are governed by the laws of Sri Lanka. You hereby consent to the exclusive jurisdiction of the courts of Sri Lanka in all disputes arising out of, relating to, or concerning this Site and/or this agreement.

If any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.