Terms & Conditions


Terms and Conditions Of Use


Welcome to the mdgunasena.com website (the "mdgunasena.com Site"), a website owned and operated by M.D.GUNASENA AND COMPANY (PRIVATE) LIMITED.

The terms and conditions stated below, along with the policies and guidelines located throughout the mdgunasena.com Site (collectively herein the "Terms of Use") identify what you, as a user of the mdgunasena.com Site ("you" or "User") can expect from M.D.GUNASENA AND COMPANY (PRIVARTE) LIMITED, its parent, subsidiaries, and affiliates (together referred to herein as "mdgunasena.com"), and/or persons who provide products or services to mdgunasena.com customers either directly or through mdgunasena.com.com ("mdgunasena.com") and the mdgunasena.com Site and what mdgunasena.com in turn expects from Users. By visiting any area on the mdgunasena.com Site, creating an account, making a purchase via the mdgunasena.com Site or any e-Reader devices or applications distributed, sold or powered by M.D.GUANSENA AND COMPANY (PRIVATE) LIMITED, downloading software or digital content (including applications developed by M.D.GUNASENA AND COMPANY (PRIVATE) LIMITED or third parties) from the mdgunasena.com Site, joining any M.D.GUNASENA AND COMPANY (PRIVATE) LIMITED online interactive community, such as Book Clubs, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to M.D.GUNASENA AND COMPANY (PRIVATE) LIMITED user forums or interactive features (all of the foregoing are sometimes referred to in this document as the "mdgunasena.com Services"), a User is deemed to have accepted the Terms of Use. These Terms of Use shall also apply to e-Bookstores operated by mdgunasena.com. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the mdgunasena.com Site immediately.



Licenses and Restrictions
mdgunasena.com grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with mdgunasena.com) of the contents of the mdgunasena.com Site, which includes the Digital Content. Additional terms and conditions apply to Digital Content and the mdguansena.com e-Reader Software.

The foregoing licenses do not include any rights to: (1) modify, download (other than page caching, or with respect to Digital Content), reproduce, copy, or resell the mdgunasena.com Site, the Content or any portion or derivative thereof (2) commercially use the mdgunasena.com Site, the Content or any portion derivative thereof (unless User has a business relationship with mdgunasena.com) (3) copy or download any User's account or profile information for the benefit of any third party (4) enable high volume, automated, electronic processes that apply to the mdgunasena.com Site or its systems, the Content or any portion or derivative thereof (5) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the mdgunasena.com Site or its systems, the Content or any portion or derivative thereof for any purpose (6) interfere or attempt to interfere with the proper working of the mdgunasena.com Site (7) bypass any mdgunasena.com measures used to prevent or restrict access to any portion of the mdgunasena.com Site, the Content or any portion or derivative thereof (8) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of mdgunasena.com (9) use mdgunasena.com name, trademarks, services marks or logos in any meta tags or any other "hidden text" or (10) compile, repackage, disseminate or otherwise use data extracted from the mdgunasena.com Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require mdgunasena.com's express written consent (which may include a written agreement signed by an authorized representative of mdgunasena.com). Any unauthorized use of the mdguansena.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by mdguansena.com.



Trademarks
mdgunasena.com, M.D.GUANSENA AND COMPANY (PRIVATE) LIMITED, or their respective parents, subsidiaries, or affiliates, or third parties from whom mdguansena.com has permission, own the trademarks or service marks that are used on the mdguansena.com Site and in connection with the M.D.GUNASENA e-Reader Software. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of mdgunasena.com.com and its licensors may not be used without prior written consent of mdgunasena.com or its licensor, as the case may be. Without limiting the foregoing, no mdgunasena.com trademark or trade dress may be used in connection with any product or service that is not mdgunasena.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits mdgunasena.com.



Content
Proprietary Rights
User acknowledges that the mdgunasena.com Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the Sri Lanka copyright laws, and mdgunasena.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the mdgunasena.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content and the M.D.GUNASENA e-Reader Software, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. User may not upload, post, reproduce, or distribute in any way Content, including Digital Content and the M.D.GUNASENA e-Reader Software, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

Third-Party Content
mdgunasena.com is a distributor and publisher of Content, including Digital Content, as that term is defined in Section XII below. With respect to content supplied by third parties and Usersmdgunasena.com has no editorial control over such Content. mdgunasena.com is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XIII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of mdgunasena.com or any mdgunasena.com Provider, unless expressly stated otherwise. Neither mdgunasena.com nor any mdgunasena.com Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the mdgunasena.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either mdgunasena.com or any mdgunasena.com Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the mdgunasena.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the mdgunasena.com Site.



Prices The price for an item on the mdgunasena.com Site may differ from the price shown in a User's shopping cart. It is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the mdgunasena.com Site. If the price for the item on the mdgunasena.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of mdgunasena.com, mdgunasena.com may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.



Risk Of Loss
With the exception of Digital Content, the risk of loss and title for all items purchased via the mdgunasena.com Site pass to the User upon delivery of the item to the carrier.



Product Description
The items offered for sale on the mdgunasena.com contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. mdgunasena.com does not represent or warrant that the descriptions of such items are accurate or complete. If a user purchases an item from mdgunasena.com that is not as described on the mdgunasena.com site, the user's sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price.



Age Of Users
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use mdgunasena.com website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the mdgunasena.com website, we will remove that information as soon as possible.



Termination Of Usage
mdgunasena.com may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the mdgunasena.com Site including any account thereon, without notice, for any reason in mdgunasena.com's sole discretion, including without limitation violation of the Terms of Use, mdgunasena.com's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, mdgunasena.com, any mdgunasena.com Provider or another User.

In certain cases, in mdgunasena.com's sole discretion, mdgunasena.com may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the mdgunasena.com Site has been terminated including the right to use, access or create any account thereon; (ii) that mdgunasena.com refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.



Indemnity
User agrees to indemnify and hold mdgunasena.com and each mdgunasena.com Provider harmless from any claim or demand made by any third party due to or arising out of such User's use of the mdgunasena.com Site, the M.D.GUNASENA e-Reader Software, the mdgunasena.com Services, breach of the Terms of Use or User's violation of any law or the rights of a third party.



Account Security
Every User that has an account on the mdgunasena.com Site is responsible for (1) keeping his or her account password confidential and secured, (2) avoiding unauthorized access to such User's computer; and (3) keeping the email address associated with that account current (User acknowledges that it is important to keep the email address associated with his or her account current because although the User may be able to log into his or her mdgunasena.com account using an old email address, such User will not receive messages from mdgunasena.com about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's mdgunasena.com account or within the mdgunasena.com interactive community.



Digital Content
Every User that has an account on the mdgunasena.com Site is responsible for (1) keeping his or her account password confidential and secured, (2) avoiding unauthorized access to such User's computer; and (3) keeping the email address associated with that account current (User acknowledges that it is important to keep the email address associated with his or her account current because although the User may be able to log into his or her mdgunasena.com account using an old email address, such User will not receive messages from mdgunasena.com about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's mdgunasena.com account or within the mdgunasena.com interactive community.



Notices
User consents to receive electronic communications from mdgunasena.com, whether addressed to the e-mail address associated with such User's mdgunasena.com account or posted on the mdgunasena.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this mdgunasena.com Site satisfies any legal requirement that such communications be made in writing.



Disclaimers and Limitation Of Liability
mdgunasena.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the mdgunasena.com Site or through the mdgunasena.com Services, whether caused by Users of the mdgunasena.com Site or the mdgunasena.com Services or by any of the equipment or programming associated with or utilized in the mdguansena.com Site or the mdgunasena.com Services, including the M.D.GUNASENA e-Reader Software. Content, including Digital Content and User Created Content, does not necessarily reflect the opinions or policies of mdgunasena.com. Profiles and third party applications created and posted by Users on the mdguansena.com Site may contain links to other websites. mdgunasena.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by mdgunasena.com. Inclusion of any linked website on the mdgunasena.com Services does not imply approval or endorsement of the linked website by mdgunasena.com. When you access these third party sites, you do so at your own risk. mdgunasena.com takes no responsibility for third party advertisements or third party applications that are posted on or through the mdgunasena.com Site or the mdgunasena.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. mdguansena.com is not responsible for the conduct, whether online or offline, of any User of the mdgunasena.com Site or the mdgunasena.com Services. mdguansena.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. mdgunasena.com is not responsible for any problems or technical malfunction of the M.D.GUNASENA e-Reader Software, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the mdgunasena.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the mdgunasena.com Site or Services. Under no circumstances shall mdgunasena.com be responsible for any loss or damage, including personal injury or death, resulting from use of the mdgunasena.com Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the mdgunasena.com Services, from the M.D.GUNASENA e-Reader Software, or from the conduct of any Users of the mdgunasena.com Site or mdgunasena.com Services, whether online or offline.

The mdgunasena.com Site and the M.D.GUNASENA e-Reader Software are provided by mdgunasena.com on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each M.D.GUNASENA.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither MDGUNASENA.com nor any mdgunasena.com Provider makes any representation or warranty of any kind, express or implied: (1) as to the operation of the mdgunasena.com Site, or the information, Content, including Digital Content and User Created Content, the M.D.GUNASENA e-Reader Software, and materials or products included thereon; (2) that the mdgunasena.com Site or the M.D.GUNASENA e-Reader Software will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, the M.D.GUNASENA e-Reader Software, or merchandise provided through the mdgunasena.com Site; or (4) that the mdgunasena.com Site, its servers, the M.D.GUNASENA e-Reader Software, Content, including Digital Content and User Created Content, or e-mails sent from or on behalf of mdgunasena.com are free of viruses, scripts, trojan horses, worms or other harmful components.

mdgunasena.com does not guarantee the continuous, uninterrupted or secure access to the mdgunasena.com Site, the M.D.GUNASENA e-Reader Software, or any related services. The operation of the mdgunasena.com Site and the M.D.GUNASENA e-Reader Software may be interfered with by numerous factors outside the control of mdgunasena.com.

Under no circumstances shall mdgunasena.com or any mdgunasena.com Provider be liable for any damages that result from the use of or inability to use the mdgunasena.com Site, including but not limited to reliance by a User on any information obtained from the mdgunasena.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to mdgunasena.com's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, the M.D.GUNASENA e-Reader Software, merchandise, and services available through mdgunasena.com Site.

Neither mdgunasena.com nor any mdgunasena.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the mdgunasena.com Site, the M.D.GUNASENA e-Reader Software, or the purchase or download of any Content, including Digital Content, or product therefrom, even if mdgunasena.com or any mdgunasena.com Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.



Severability
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of mdgunasena.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.



Applicable Law
The mdgunasena.com Site is created and controlled by mdgunasena.com in Sri Lanka. The laws of Sri Lanka will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of mdgunasena.com and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Sri Lanka.



Dispute Resolution
Any claim or controversy at law or equity that arises out of the Terms of Use, the mdgunasena.com Site or any mdgunasena.com Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by a mutually agreed party under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at mdgunasena.com's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Sri Lanka

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. mdgunasena.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.



Acknowledgement
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and mdgunasena.com regarding User's relationship with mdgunasena.com and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."



Modification
mdgunasena.com reserves the right to make changes to the mdgunasena.com Site, posted policies and Terms of Use at any time without notice or liability.



M.D.GUNASENA AND COMPANY (PRIVATE) LIMITED RETURN POLICY
Returns are accepted within 7 days from the date that you received your order. The merchandise (Books, Stationery, Toys, Games, DVDs and CDs) must be in the original condition (unused, unopened and shrink-wrapped condition).

Please note that we will not accept any textbooks, magazines and periodicals at this point in time. Bulk orders of ten or more copies are also non refundable.

If you prefer, you may bring the item, your packing slip and original invoice to any M. D. GUNASENA Bookstore within 07 days of receipt. Please call your local store for more details.

To be eligible for a return you must produce the original invoice. You will not be entitled for a cash refund instead we will exchange Merchandise. If our return is shipped or brought to a store after the timeframes indicated above or without a packing slip and the original invoice, we regret that we cannot issue a refund or send the merchandise back to you. Please note that the shipping charges are non refundable.

Merchandise can only be returned based on our approval.
For approval please contact our customer desk at:

M.D. GUNASENA AND COMPANY (PRIVATE) LIMITED
217 Olcott Mawatha,
Colombo 11
Sri Lanka
Tel. - 0094 112323981-4
Fax - 0094 112323336
Email - info@mdgunasena.com

We strive towards word-class customer service. We guarantee that your merchandise will be delivered in perfect condition. We ensure that each order is dispatched through our quality control department. We will make sure that the orders will be dispatched within 3 -7 business days. If you are dissatisfied with your purchase for any reason, please contact us for a return.