Terms Conditions Page
These General terms and conditions as revised and updated by
Roo Care (Private) Limited from time to time (hereinafter referred to as
“General Terms and Conditions” or “GTC”) shall constitute a legally binding
agreement made between you, (“Customer” or “you”) and Roo Care (Private)
Limited (“RCPL”, “we,” “us” or “our”), concerning your use of the appointment
services (the "Services") being offered at the URL: www.roo.lk (the
"Web Site"). By accessing and using the Services you unequivocally
accept and agree to be bound by these General Terms and Conditions.
USE OF THE SERVICES AND THE URL: www.roo.lk SITE CONSTITUTES
KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS GENERAL TERMS AND CONDITIONS.
You agree that RCPL at its sole discretion may revise these General Terms and
Conditions at any time without assigning any reasons therefore and you agree to
be bound by all such revisions made by RCPL from time to time. It is your
responsibility to periodically review the latest version of the General Terms
and Conditions uploaded on the RCPL official website (www.roo.lk) to stay
informed of updates and revisions. You undertake to reread the General Terms
and Conditions on the Website on a regular basis. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes in
any revised General Terms and Conditions by your continued use of the Services
after the date such revised General Terms and Conditions are posted. You hereby
waive any right to receive specific notice of such changes/revisions. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS
AGREEMENT, PLEASE DO NOT USE THIS SITE.
GENERAL
These Terms of Service have been executed and delivered by
you and constitute a valid and binding agreement between you and RCPL,
enforceable in accordance with their terms. You represent that you are (1) at
least 18 years of age, (2) of legal age to form a binding contract under the
laws of Sri Lanka or other applicable jurisdiction.
You shall establish and use your User Account on: www.roo.lk,
and use the services available through: www.roo.lk, in strict compliance with
these Terms of Service and all applicable laws, rules and regulations
(collectively, “Laws”). All calls, emails and other communications between you
and RCPL/www.roo.lk may be recorded.
YOUR USER ACCOUNT
You will need to register a User Account with us to use our
online booking service. You will need a valid email address/mobile
number/username and password to set up your User Account. You are responsible
for maintaining the confidentiality of your User Account, username and password
and for restricting access to your user account. You agree to accept
responsibility for all activities that occur under your User Account, username
and/or password. You agree to provide only accurate, truthful information and
shall not obtain the Services through impersonation or by furnishing incorrect
or false information.
We reserve the right to refuse service and/or terminate
accounts without prior notice if you violate these terms and conditions or if
we decide, in our sole discretion, that it would be in our Company’s best
interests to do so.
You shall not do or permit any third party to do any of the
following; Use the Services for any unethical, obscene, defamatory, scandalous,
nuisance or any illegal activity or purpose; Use the Services through
unauthorized interfaces or protocols; Use the Service to transmit any content
that is abusive, pornographic, violent, racist, discriminatory, offensive,
vulgar, obscene, defamatory, invasive of personal privacy, harassing,
threatening, or otherwise objectionable; Translate, reverse-engineer, reverse
compile, decompile, disassemble, or modify the Services or make derivative
works
from the Services; Translate, reverse-engineer, reverse
compile, decompile, disassemble, reformat or modify the RCPL System or make
derivative works from the RCPL System; To sub-license, re-sell or re-distribute
the Services, in whole or in part; To interfere or tamper or to attempt to
interfere or tamper with the integrity or security of the Services and/or the RCPL
System; Take any action that imposes an unreasonable or large load on RCPL
System; Upload invalid data, viruses, worms, or other harmful software to the
Services and/or to the RCPL System; Use automated means, including spiders,
robots, crawlers, data mining tools, or the like to download data from the RCPL
System; Use the Services in a way that disables the Services or prevents or
inhibits anyone from using the Services; or Impersonate any person or entity in
order to use, or through use of, the Services.
You shall not use your www.roo.lk User Account for any
purpose competitive to www.roo.lk. You will notify RCPL immediately by emailing
info@roo.lk of any unauthorized use of your User Account known to you, whether by
you or a third party.
You may cancel your User Account at any time by contacting
customer support as specified on the “Contact Us” page on the www.roo.lk site.
RCPL may terminate your membership and refuse any and all current or future use
of the www.roo.lk, or any portion thereof, (1) in order to comply with
applicable Law, (2) if you provide any information that RCPL determines, in its
sole discretion, to be untrue, inaccurate, not current or incomplete (or if the
information becomes untrue, inaccurate, not current or incomplete), (3) if RCPL
determines, in its sole discretion, that you are using your User Account in a
manner not permitted by these Terms of Service or the Terms of Use, or (4) in
other circumstances, as RCPL deems appropriate in its sole discretion.
SERVICE
www.roo.lk provides the Services to USER for the purpose of
assisting USER in securing appointments at participating Third Party
Establishments (Salon, Spa etc.) In response to a USER's online request, the www.roo.lk
Site directly contacts the Establishment's computerized database of
appointments or confirm the appointment by other methods. The availability of
appointments is determined at the time of USER's query. Once an appointment is
made by USER, www.roo.lk will provide confirmation of the appointment to USER
by email and/or SMS. By using the Services, USER agrees to receive appointment
confirmations by email and SMS after booking an appointment through the www.roo.lk
Site.
RCPL is engaged in providing Appointment services and provides
its Appointment services to the Customer in consideration of the Service Fee
paid by the Customer or the Third-Party Establishments. RCPL bears no
responsibility for services booked/reserved from third party establishments via
www.roo.lk. The same should be directly dealt with relevant third-party
establishments.
The Services are being offered to USER for USER's personal
use. USER agrees to use the Services only to book appointments at participating
Establishments and then honor those appointments by arriving at the
Establishment(s) on time and ordering and paying for a service unless the
payment has been made via www.roo.lk.
USER further agrees not to book more than one (1)
appointment for USER's personal use during any one time slot. USER may be able
to book multiple appointments through www.roo.lk site; however, they may not be
scheduled for the same time.
Any and all other uses which are unlawful or in violation of
this Agreement's terms and conditions are prohibited. RCPL reserves the right,
in its sole discretion, to refuse service, terminate accounts, remove or edit
content, or cancel appointments.
PRICING
Services listed by the Third-Party Establishments will
always reflect the most recent price displayed on the service detail page.
However, third party establishments have the right to determine and revise
their fees and charges and note that this price may differ from the price shown
for the service when you first placed it in your appointment. Placing an
appointment does not guarantee the price shown at that time unless the full
payment is made at the time of making the appointment.
Services provided by www.roo.lk shall be subject to charges
and RCPL reserves the right, at any time and at its sole discretion to revise
above Service Fee without any notification to the Customer. RCPL may publish
changes to Service fee on its website. Service Fees charged by RCPL are
non-refundable.
We are determined to provide the most accurate pricing
information on the Site to our users; however, errors may still occur, such as
cases when the price of a service may not be displayed correctly on the Site.
We list availability information for services listed on the Site, including on
each service information page. Beyond what we say on that page or otherwise on
the Site, we cannot be more specific about availability. As the service
provider process your appointment, you will be informed by e-mail or sms if any
services you book turn out to be unavailable.
Please note that there are cases when a booking cannot be
processed for various reasons. RCPL reserves the right to refuse or cancel any
bookings for any reason at any given time. You may be asked to provide
additional verifications or information, including but not limited to phone
number and address, before we accept the bookings.
CANCELLATION OR RE-SCHEDULING AN APPOINTMENT
Any User who wishes to cancel or reschedule the scheduled
appointment shall directly contact the Third-Party Establishment which shall
have the sole discretion to determine the said request. Any payments collected
by RCPL on behalf of Third-Party Establishment would be paid to such Third-Party
Establishment in terms of respective agreements. Therefore, any request for
refund of payments made via www.roo.lk shall be directed to the respective Third-Party
Establishment who has the sole discretion over such matters.
RCPL is not responsible if the Third-Party Establishment
cancel the appointment.
EMAIL POLICY
By using the Services, the Customer consents to RCPL
collecting, processing, storing and disseminating to third parties such
personal data provided by the Customer or generated by RCPL in the course of
making the Services available to the Customer, for the following purposes:
Provision of Services to the Customer, Market research and
Customer-profiling based on usage and preferences for the purpose of initiating
information, promotions and/or marketing campaigns associated with RCPL’s
Services unless the Customer has explicitly opted out, Credit profiling of
Customer to ascertain his/her creditworthiness, Prevention and detection of
fraud, money laundering and terrorist financing, Compliance with applicable
laws and regulations.
Customer consents to RCPL sharing personal data of the
Customer with the Third-Party Establishments to enable them to contact the
Customer and the Customer consents to being contacted by the Third-Party
Establishments, for purposes of confirming the Customer’s appointment or for
other reasons relating to the Customer’s appointment.
The Customer consents to receive promotional and
informational SMS from Third Party Establishments and/or from the respective Third-Party
Establishment. The Customer may opt-out of this service by contacting RCPL.
You may receive periodic emails from RCPL if you opted to
receive such email at the time of registration with the www.roo.lk. If you
would rather not receive email from www.roo.lk, please send an email to info@roo.lk and
you will be unsubscribed from receiving further mailings. USER acknowledges and
agrees, however, that USER will still receive appointment confirmation emails,
appointment change confirmation emails, appointment cancelation confirmation
emails and other emails relating to appointments booked by USER through the www.roo.lk
Site, even if USER has opted not to receive periodic email from www.roo.lk.
LIABILITIES FOR OUR SERVICE
RCPL Services and www.roo.lk are made available "as
is" or "as available" and RCPL, its directors, employees and
agents do not make any representation or warranty, express or implied in
relation to the Service quality, availability, security, timeliness,
accessibility, uninterrupted use, accuracy, speed or completeness,
merchantability, satisfactory quality, non-infringement or fit for the
particular purpose of a customer.
RCPL does not guarantee that Customers will be able to
access the Services at all times or places, that the RCPL Services and RCPL
System will have adequate capacity for all users, or that the RCPL Services and
RCPL System will be operable/compatible with the Customer’s equipment.
RCPL shall not be liable in any manner whatsoever to the
Customer in respect of any loss or damage (including consequential loss or
damage) however caused, which may be suffered or incurred or which may arise
directly or indirectly in respect of the Service, or the failure or omission on
the part of RCPL.
RCPL disclaims responsibility and liability for any damages,
loss, pain, mental distress or suffering incurred or experienced by a customer
or by any third as a result of the Services.
The Customer is responsible for the Customer’s use of the
Service and the Customer agrees that the Service is used at the Customer’s
risk.
RCPL is only providing an appointment service and is not a Third-Party
Establishment providing services to the Customer and therefore RCPL has no
control over the services or decisions taken by the Third-Party Establishment.
Accordingly, RCPL disclaims all liability for the services provided by Third
Party Establishment, the actions and omission of Third Party Establishment, For
any cancellation or rescheduling of appointments, For any decision taken by the
Third Party Establishment to refuse or allow the Customer to cancel or reschedule
appointments or refund any payments to the Customer, For any reminders (by
call, SMS or other means) sent and/or made by the Third Party Establishment(s)
to the Customer reminding the Customer of the scheduled appointment, Any
inconvenience, mental distress and/or financial loss caused and/or suffered by
the Customer due to the actions and/or omissions of the Third Party
Establishment(s).
RCPL does not warrant, endorse, guarantee, or assume
responsibility for any product or services provided, advertised or offered by
Third Party Establishment(s) or any product or services provided, advertised or
offered through any website linked or features in the www.roo.lk.
RCPL shall under no circumstances whatsoever be liable to
the Customer or to any third party for any indirect damages, consequential
damages, special damages, incidental damages, punitive damages, loss of profit,
loss of revenue, and the like under or in connection with this Agreement.
Similarly,
liability for corruption, destruction, breach or loss of any
data is likewise excluded. Notwithstanding anything to the contrary, RCPL’s
total and aggregate liability under this Agreement shall be limited to the
total Service Fee (excluding taxes) paid by the Customer to RCPL in respect of
the particular appointment which is the subject matter of the dispute.
The Customer shall indemnify and hold harmless RCPL, and its
holding company, subsidiaries, affiliates, successors, assigns, and its
officers, directors, shareholders, employees and agents from and against any
and all claims, losses, damages, liabilities, demands, suits, proceedings,
costs, expenses, actual or alleged arising out of and/or in any way connected
with breach of any representation, warranty, term or condition in this Agreement
by the Customer or any illegal or unauthorized activity, breach of statutory
obligation carried out by the Customer or any claims, demands and/or
allegations of fraud, duplication, malpractice committed by the Customer or any
claims and/or allegations of infringement of intellectual property rights of
any third party by the Customer. In the event of any such action being brought
against RCPL by any third party, the Customer shall compensate RCPL in respect
of all expenses and losses arising out of the same, inclusive of any indirect
and consequential damages, legal costs and any cost of settlement to which RCPL
shall enter into with such third party.
LINKS TO THIRD PARTY SITES
The www.roo.lk Site may contain hypertext links to Web sites
operated by parties other than www.roo.lk. Such hypertext links are provided
for USER's reference only and www.roo.lk does not control such Web sites and is
not responsible for their content. www.roo.lk's inclusion of any hypertext
links to such Web sites does not imply any endorsement of the material on such
Web sites or any association with their operators.
REVIEWS, COMMENTS AND OTHER CONTENT
At RCPL’s invitation, USER may submit reviews, comments, and
ratings, send e-mails and other communications; and submit suggestions, ideas,
comments, questions, or other information for publication and distribution to
Establishments and other third parties, so long as the content is not illegal,
threatening, obscene, racist, defamatory, libelous, pornographic, infringing of
intellectual property rights, promoting of illegal activity or harm to groups
and/or individuals, invasive of privacy, purposely false or otherwise injurious
to third parties or objectionable and does not consist of or contain software,
computer viruses, commercial solicitation, political campaigning, chain
letters, mass mailings, any form of "spam" or references to illegal
activity, malpractice, purposeful overcharging, false advertising. You may not
use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of content. RCPL reserves the right (but not the
obligation) to remove or edit such content, but may not regularly review
submitted content.
If you do submit material, and unless we indicate otherwise,
you grant RCPL a nonexclusive, perpetual, royalty-free, irrevocable, and fully
sub-licensable right to use, modify, reproduce, adapt, translate, publish,
create derivative works from, distribute, and display such content throughout
the world in any media. You represent and warrant that you own or otherwise
control all of the rights to the content that you submit; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify RCPL
for all claims resulting from content you supply. RCPL has the right but not
the obligation to monitor and edit or remove any activity or content, including
but not limited to content that violates the standards of this website, as
determined by RCPL in its sole discretion. RCPL takes no responsibility
and assumes no liability for any content submitted by you or
any third party. In the event any such claim you agree to hold RCPL harmless
and indemnified. Including reasonable counsel fees and costs.
ABOUT THESE TERMS
If any of the provisions, or portions thereof, of this
Agreement are found to be invalid under any applicable statute or rule of law,
then, that provision notwithstanding, this Agreement shall remain in full force
and effect and such provision or portion thereof shall be deemed omitted.
This Agreement and the rights granted and obligations
undertaken hereunder may not be transferred, assigned or delegated in any
manner by USER, but may be so transferred, assigned or delegated by RCPL.
Any waiver of any provision of this Agreement, or a delay by
any party in the enforcement of any right hereunder, shall neither be construed
as a continuing waiver nor create an expectation of non-enforcement of that or
any other provision or right
The Agreement, and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including
non-contractual disputes or claims), shall be governed by, and construed in
accordance with, the law of Sri Lanka, and the parties irrevocably submit to
the exclusive jurisdiction of the courts of Sri Lanka.
