PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
WHAT’S IN THESE TERMS?
These terms tell you the rules for using our website: orchidproperty.lk (referred to as the “Site”). Throughout this document we refer to them as the “Terms”. A reference to “you” or “your” is a reference to the user of this Site.
- WHO WE ARE AND HOW TO CONTACT US
We are Orchid Property (Private) Limited and our address is 379 2/1 galle road Colombo-06 (referred to as “we” or “us” or “our”). We are not a property sales or lettings agency. We are the providers of the Site. It is our members (which include estate agents, commercial agents lettings agents, landlords, new home developers and overseas home owners) that display property details for you to view.
To contact us, please email firstname.lastname@example.org
- BY USING OUR SITE YOU ACCEPT THESE TERMS
These Terms set out all of the rules and obligations that apply to your use of the Site.
By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
We recommend that you print and keep a copy of these Terms for future reference. They are a legally binding agreement between you and us.
- WE MAY MAKE CHANGES TO OUR TERMS
We amend these Terms from time to time by updating them on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
- WE MAY MAKE CHANGES TO OUR SITE
We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. We will try to give you reasonable notice of any major changes.
- YOUR OBLIGATIONS AND ACCEPTABLE USE
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material, which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site,or to fill in and/or send forms on our Site, or to search, display or obtain links to any part of this Site, other than the home page at www.orchidproperty.lk unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a “Permitted Program”). You must not use any scraping technology on the Site. Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 6 below. You warrant that any such contribution does comply with the standards mentioned in clause 6 and you will be liable to us and indemnify us against any breach of this warranty.
- INTERACTIVE SERVICES AND CONTENT
All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties’ legal rights.
The views expressed by users on our Site do not represent our views or values.
All content that you upload to our Site must:
Be accurate (where you state facts);
Be genuinely held (where you state opinions); and
Comply with the applicable law of the country from which they were posted.
Your content must not:
Contain any material which is defamatory of any person;
Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
Contain any material which does or could potentially infringe the intellectual property rights of a third party.
We will determine in our discretion whether there has been a breach of this clause 6. Where a breach of this policy has occurred we may take such action as we deem appropriate. This action may include the following:
immediate, temporary or permanent withdrawal of your right to use our Site;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
further legal action against you; and
disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
The information provided on this Site is for general interest only and does not constitute specific advice.
You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
We have the right to disable any account ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
Subject to clause 4, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The information provided on this Site is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We make no warranties or representations that the property information on this Site is correct, accurate or up-to-date.
We make no warranty or guarantee that the Site or information available on it complies with laws other than those of Sri Lanka.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We are not an estate agency. The details of the properties available on this Site are provided to us by third party estate agents, commercial agents, lettings agents, landlords, overseas property owners or new homes developers for your information only. We do not verify the property details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property details with the advertising agent, landlord or developer before making any decisions or taking any action in regards to a property advertised on our Site.
- BARRING FROM THE SITE
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
- WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
- WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
- RULES ABOUT LINKING TO OUR SITE
You must not include links to this Site in any other Site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any “deep link” to any page on this Site. You may link to our home page at www.orchidproperty.lk provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to clause 15.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
Subject to clause 15.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 14.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
When you use the “contact forms” on this Site to enquire about a property, your details (including your email address) will be sent by email directly to the estate agent, landlord or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer.
If you are a consumer user:
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
If you are a business user, subject to clause 14.1:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
- WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Sri Lankan law. You and we both agree that the Jurisdiction courts of Colombo Sri lanka. will have exclusive jurisdiction.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Sri lanka law. We both agree to the exclusive jurisdiction of the courts of Colombo, Sri lanka.
- CUSTOMER FEEDBACK AND QUALITY
We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at Customer Services, Orchid property development (pvt) ltd, using the address provided at the beginning of these Terms. We aim to acknowledge all customer feedback.
Phone calls directed to or from our advertisers, which include, but are not restricted to, third party estate agents, developers and landlords may be recorded for training and monitoring purposes.
Thank you for visiting our Site.
Who we are
These terms tell you the rules for using our website: orchidproperty.lk (referred to as the “Site”). Throughout this document we refer to them as the “Terms”. A reference to “you” or “your” is a reference to the user of this Site.
We provide this Site to our members so that they can advertise their properties online. Our members include estate agents, commercial agents, letting agents, landlords, new homes developers and overseas property owners to display properties they are marketing. We are not an estate agency.
A reference to “you” or “your” is a reference to a user of the Site or any of our services.
This Policy only relates to the personal information that we collect about you from the Site or from third parties such as social media companies. It does not relate to property information provided to us by our members. If you have a query about information relating to your property on the Site, please contact your estate agent or lettings agent directly or alternatively contact us at the details shown here.
WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU?
Information you give us: We will collect the information that you give to us when using our Site. If you choose to access a particular search feature or to fill in a form on the Site, you may be asked to provide information about yourself, such as your name and contact details. We may also collect other information about you at the same time, such as details of the sort of property you are interested in, the cost and location of the property etc. We will also collect information that you provide to us when you register as a orchid property user, request property email updates, participate in discussion boards or other social media functions on our Site or websites operated by associated third parties and enter into competitions, promotions or surveys. We will also collect information that you provide to us by corresponding with us by phone, e-mail or otherwise.
Information we collect about you: This is different to “information you give us” because it relates to technical data that we collect. So for example, we may collect technical information that has the potential to identify you, such as the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. We may also collect information about your visit, including the full uniform resource locators (URL) clickstream to, through and from our Site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), methods used to browse away from the page and any phone number used to call our customer service number. We may also keep a record of the advertisers or partners you contact and the contents of the emails you send to them.
Information we receive about you from third parties: We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you, when we collected that data, that it may be shared internally and combined with data collected on this Site. We are also working closely with third parties (including, for example, social media platforms, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies) and may receive information about you from them.
WHAT DO WE DO WITH YOUR PERSONAL DATA?
Main Uses of Your Data
This section of the Policy describes the things that we do with your data which relate directly to your use of the Site and our services. They are the things that we hope you would expect us to do with your information. We will use your information:
- to provide the services available on our Site to you;
- when you consent to us doing so, to pass your searches and messages on to our members, which include estate agents, commercial agents, lettings agents, developers, landlords or overseas private vendors to help them communicate with you directly and to provide a more personalised service to you. This may include contacting you about other relevant properties, adding you to their enquiry database for future contact and offering you their additional services;
- to provide services and information to third parties and our members, which they can use to benchmark their performance;
- customise and enrich your experience on our Site;
- to allow you to participate in the interactive services available on our Site or to participate in competitions or promotions via our Site;
- to deliver relevant advertising to you whilst you are on the Site.
This section of the Policy describes the things that we do with your data that arise from our monitoring of the Site and the collection of your information whilst using the Site. We may use this information:
- to identify patterns that we can use in our marketing strategy and to help us develop, administer, support and improve our services and features and adverts;
- to conduct reviews that assist us in the improvement and optimisation of our Site;
- to ensure that content from our Site is presented in the most effective manner for you and for your computer;
- to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
- as part of our efforts to keep our Site safe and secure.
We may combine technical information with other information that we have about you to help us with our processing of your information as described in this Policy.
Use of your data for marketing and communications
Sometimes we may use your personal information to provide marketing messages to you or allow us or third parties to communicate with you on third party services. We will always seek your consent before doing so and you can opt out of marketing and other communications at any time by contacting us here. You can always make use of the Site without having to agree to marketing. The types of things that we may do include:
- providing direct marketing advertisements and communications to you via email, text, post or telephone or via our selected third parties;
- making suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them;
- communicating with you on third party social media platforms and sharing your information with that social media platform;
- providing your information to selected third parties that we believe may be able to offer you goods or services that are of interest so that they can contact you about their goods and services; and
- monitoring the effectiveness of our direct marketing communications and your responses to it.
WHO HAS ACCESS TO YOUR PERSONAL DATA?
We retain access to all personal information that we have collected from you or about you. Once your information has been passed to one of our members in the course of providing our services (most typically when you communicate with an estate agent through our Site) then that Orchidproperty member will have a copy of the information that you have provided about the property enquiry and your contact details which they will use to get in touch with you. Once in their possession, our member will be responsible for that information and that information will be subject to any privacy terms or policies that the member has in place; we are not responsible for use (or misuse) of your information by any of our members.
When our service is available via the websites of our partners, those partners may have access to your information. We may also have links to other websites from our Site. We are not responsible for the content, security, privacy policies and practices of any other websites, even if you access them using links from this Site or if you can access this Site or use our services from them. We recommend that you check the policy of each website that you visit and make sure that you are comfortable with the terms of such policies before providing any personal information.
If our business is sold or merged, or if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets. We will make sure that any such transfer is done in a secure way.
If we offer or supply a service to you that is provided on our behalf by a third party we may have to pass your information to them in order to deliver the service. By using this Site you consent to us providing your information to the third parties authorised by us to provide such services. We may also use third parties to provide services on our behalf which may include processing (but not using themselves) your information e.g. to complete partial addresses or to augment the information we hold about you. In either case, we will not pass your information to anyone who is not also subject to adequate privacy commitments in our contract with them and we will not allow the third party to use your information for marketing purposes without your consent.
We will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law or to obtain professional advice. We will retain your information for as long as is reasonable and necessary and no longer than permitted by law.
WHERE DO WE STORE YOUR PERSONAL DATA?
By submitting your personal data to us, you agree to this transfer, storing or processing.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We follow strict security procedures to ensure that your personal information is not damaged, destroyed or disclosed to a third party without your permission and to prevent unauthorised access to it. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your information.
Only employees who need access to your information to perform a specific job are granted access to personally identifiable information. We may require you to co-operate with our security checks before we disclose information to you. If you are a registered user, you can update the personal information that you give us at any time by viewing your My Details page.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
COOKIES AND TRACKING
CHANGES TO THIS POLICY
Any changes we may make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this Policy.