Privacy Policy and Service Agreement

PRIVACY POLICY

 We respect your privacy and value the relationship we have with you. We handle your personal data responsibly, and we want you to know how we collect, use, and disclose your data. The following Privacy Policy describes our practices in connection with your data (as defined below) that we collect from our:

• Website, from which you are accessing this Privacy Policy (“Website”),
• Social Media Page/s that link to Privacy Policy (“Social Media Pages”),
• Emails that we send to you that link to this Privacy Policy, and
• Offline interactions you may have with us.

In this Privacy Policy, we refer to our Website, Social Media Page/s, emails and offline activities collectively as “Services”.

PERSONAL DATA

“Personal Data” is data that identifies you as an individual or relates to an identifiable individual. Personal data includes:

• Name
• Address (including billing and shipping addresses)
• Telephone number
• Email address
• Credit and debit card number
• Profile picture or other photographs of you
• Social media account ID
• Images and other materials shared with us for the purposes of custom products
• Your interests (such as topics about which you request products or otherwise indicate interest)

Collection of Personal Data

We collect Personal Data in a variety of ways, including: 

• Through the Services

• For example, when you sign up for a newsletter or make a purchase.
  • Offline
• When you place an order or reach out to us with any other enquiry
• When you visit our trade stand at markets or visit our premises;
• When you participate in our programs or activities or provide data at industry events;
• When you participate in our promotions.
• If you connect your social media account to any account offered by us, you will share certain Personal Data from your social media account with us. This can include your name, email address, photos, list of social media contacts, and any other data that may be (or that you make) accessible to us when you connect your social media account to any account offered by us.

In many instances, we need to collect Personal Data to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the requested Services. If you disclose any Personal Data relating to other people, in connection with the Services, you represent that you have the authority to do so and to permit us to use the Personal Data in accordance with this Privacy Policy.

Use of Personal Data

We and our service providers use Personal Data for the following purposes:

 Providing the Services and fulfilling your requests.

• To provide the Services to you, such as processing orders.
• To respond to enquiries and fulfill requests, when you contact us via one of our online forms, telephone, email or otherwise, for example, when you send us questions, suggestions, compliments, or complaints.
• To the extent you elect to share personal information, such as requests regarding custom products.
• To send administrative information, such as changes to our terms, conditions, and policies.
• To allow you to send messages to another person, through referrals or gifting processes.
• To facilitate social sharing functionality if you choose to use such functionality.
• To provide you with customer service.
• To send you marketing related emails, with information about our services, products, and other news about us.

• Analysis of Personal Data for business reporting and providing personalised services.
  • To analyse or predict your preferences.
  • To better understand you to personalise our interactions with you and provide you with products and/or offers tailored to your interests.
• Allowing you to participate in promotions.
  • Some promotions may have additional requirements containing information about how we will use and disclose your Personal Data.
• Accomplishing our business purposes.
  • For audits.
  • For fraud and security monitoring purposes.
  • For developing new products and services including enhancing, improving, or modifying our current products and services.
  • For identifying usage trends, for example, understanding which parts of our Services are of most interest to users.
  • For determining the effectiveness of our promotional campaigns
  • For operating and expanding our business activities.

Disclosure of Personal Data 

We disclose Personal Data: 

• To our third-party service providers, to facilitate services they provide to us.
  • These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.
• By using the Services, you may also elect to disclose Personal Data.
  • You may disclose Personal Data on message boards, chat, profile pages, blogs, and other services to which you are able to post data and content (including, without limitation, our Social Media Page/s).  Please note that any Personal Data you post or disclose through these services will become public and may be available to other users and the general public.
  • You may also disclose Personal Data through your social sharing activity. When you connect your Services account with your social media account, you may share data with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorise us to facilitate this sharing of data, and you understand that the use of shared data will be governed by the social media provider’s privacy policy.

Other Uses and Disclosures

We also use and disclose your Personal Data as necessary or appropriate:

• To comply with applicable law and regulations.
• To cooperate with authorities and cooperate with law enforcement.
• In connection with a sale, reorganisation, joint venture or other business transaction, where we have a legitimate interest in disclosing or transferring your Personal Data to a third party.
• For other legal reasons, such as enforcing our terms and conditions or protecting our rights, privacy, safety, or property

OTHER DATA

 “Other Data” is any data that does not relate to an identifiable individual:

• Browser and device data
• Data collected through cookies, pixel tags, and other technologies
• Demographic and other data provided by you that does not reveal your specific identity
• Data that has been aggregated in a manner such that it no longer reveals your specific identity

Collection of Other Data

We and our service providers may collect Other Data in a variety of ways, including: 

• Through your browser or device
  • Certain data is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the App) you are using. 
• Using cookies
  • Cookies are pieces of data stored directly on the device you are using. Cookies allow us to collect data such as browser type, time spent on the Services, pages visited, referring websites, and other traffic data. 
  • You may wish to refer to http://www.allaboutcookies.org. for further information.
• Using pixel tags, and other similar technologies
  • Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the performance of our marketing campaigns, and compile statistics about usage of the Services and response rates. 
• Analytics
  • We collect and analyse data about use of Services and report on activities and trends. 
• Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies
  • We may use Flash LSOs and other technologies to, among other things, collect and store data about your use of the Services.  If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel.  You can also go to the Global Storage Settings Paneland follow the instructions.  Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications. 
• IP Address
  • Your IP address is automatically assigned to your computer by your Internet Service Provider.  An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) visited.  Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services.  We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP address.
• Physical Location
  • We may collect the physical location of your device by, for example, using satellite, cell phone tower, or Wi-Fi signals. We may use your device’s physical location to provide you with personalized location-based services and content.  In some instances, you may be permitted to allow or deny such uses of your device’s location, but, if you do, we may not be able to provide you with the applicable personalized services and content.

Uses and Disclosures of Other Data

We may use and disclose Other Data for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Data with Personal Data. If we do, we will treat the combined data as Personal Data as long as it is combined.

SECURITY

We seek to use reasonable measures to protect Personal Data.  Unfortunately, no data transmission or storage system is guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us on hello@jananipeiris.com.

CHOICES AND ACCESS

We give you choices regarding our use and disclosure of your Personal Data for marketing purposes. You may opt-out from receiving electronic communications from us:  If you no longer want to receive marketing-related emails, texts or SMS messages from us, you may opt-out by contacting us on hello@jananipeiris.com.

We will try to comply with your request(s) as soon as reasonably practicable.  Please note that if you opt-out of receiving communications from us, we may still send you important administrative messages, from which you cannot opt-out.

Accessing, changing, or deleting your Personal Data 

If you would like to review, correct, update, suppress, restrict, or delete Personal Data that you have previously provided to us, object to the processing of your data, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us at hello@jananipeiris.com. We will respond to your request consistent with applicable law.

For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will try to comply with your request as soon as reasonably practicable. 

Please note that we may need to retain certain data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Data provided until after the completion of such purchase or promotion), or to be able to honor opt-out requests. 

RETENTION PERIOD

We retain Personal Data for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. 

The criteria used to determine our retention periods include: 

• The length of time we provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
• The length of time we have an ongoing relationship with you;
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); and 
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, government investigations or regulatory considerations). 

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, data, or other practices of any third parties, including any third party operating any website or service to which the Services link to. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our subsidiaries or affiliates.

In addition, we are not responsible for the data collection, use, disclosure, or security policies or practices of other organisations or website developer or provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Data you disclose to other organisations through or in connection with the Apps or our Social Media Pages.

OUR ADVERTISING

We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.

MINORS

If you provide us with Personal Data of minors, you represent that you have the appropriate authority to do so and that you can demonstrate such authority to us upon request.

JURISDICTION AND CROSS-BORDER TRANSFER

Your Personal Data may be stored and processed in any country in which we engage service providers, and, by using the Services, you understand that your Personal Data will be transferred to countries outside of your country of residence, to business which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Data.

Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here.  For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission, to protect your Personal Data.  You may obtain a copy of these measures by clicking here.

SENSITIVE PERSONAL DATA

Unless we specifically request it, we ask that you not send us, and you not disclose, any sensitive Personal Data such as data related to race, ethnic origin, political opinions, religion, other beliefs, biometrics or genetic characteristics, criminal background on or through the Services or otherwise to us.

THIRD-PARTY PAYMENT SERVICE

We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Data will be collected by such a third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Data.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” at the top of this Privacy Policy indicates when it was last updated. Any changes will become effective when we post the revised Privacy Policy for Services. Your use of the Services following these changes means that you accept the revised Privacy Policy. 

CONTACTING US

You can contact us at hello@jananipeiris.com.

CONFIDENTIALITY OF INFORMATION RECEIVED

Any personal information you transmit to this site will be used by us in accordance with our Privacy Policy.

Any other information you transmit to this site, such as feedback, questions, comments or otherwise, will not be considered to be confidential and we may use such information without any restriction whatsoever and in any manner we choose.

YOUR LIABILITY

You acknowledge and agree that you will indemnify and hold harmless us and/or our related companies, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees, agents, representatives and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including without limitation reasonable legal fees and costs) arising out of:

(a) your use, misuse or inability to use this site or any Materials or any linked site; or

(b) your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties,
and that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defences. You agree not to undertake any activity that is detrimental to the functioning or operation of this site.

APPLICATION OF LAWS

You acknowledge and agree that your use of this site is subject to any law that applies to the site, the internet or the world wide web, and that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this site or any Materials inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids this Agreement in whole or in part, then you are not authorised to access this site or any Material. You also acknowledge and agree that this Agreement will be governed by and must be construed in accordance with the laws of the State of New South Wales, Australia, and by entering this site you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in respect of all matters or things arising out of this Agreement.

 GENERAL

You acknowledge and agree that if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be invalid or unenforceable, then such provision will be read down to the minimum extent necessary, or severed from this Agreement in any other case, so that this Agreement will otherwise remain in full force and effect; that this Agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this Agreement; that this Agreement may not be modified, in whole or in part, except by us and as specifically described elsewhere in this Agreement; and that anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.

Last Updated: May 2024.

© 2024 Janani Peiris. All rights reserved.

SERVICE AGREEMENT

This website is operated by Janani Peiris. Throughout the site, the terms “we”, “us” and “our” refer to Janani Peiris. Janani Peiris offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read the Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by the Terms. If you do not agree to all terms and conditions of this agreement, then you may not access the website or use any services. If the Terms are considered an offer, acceptance is expressly limited to the Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most up to date Terms at any time on this page. We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to the Terms, you represent that you are at least the legal age to enter into a contract in your state or province of residence, or that you are the legal age to be considered an adult in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Copyright

When you engage and/or purchase from our Services, you own the work that you purchase from us, not the copyright to it. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the work or Service, including the use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission from us. Except as permitted by the copyright law, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission from us. The Service owns the exclusive right to reproduce, duplicate, share on social media and websites, copy, sell and resell any of the content created under Janani Peiris. For more information on The Australian Copyright Law see www.copyright.com.au and www.copyright.org.au.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is personal views and opinions and provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products. Whilst we try to depict the final products as much as possible in the approval process, given the nature of the artwork and high quality of the printing, colours and ink, images may appear slightly varied depending on the device you use to approve finals.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By engaging in our terms of service we may collect your personal information.

For more details, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Janani Peiris, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Janani Peiris and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of NSW, Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Service Agreement should be sent to us at hello@jananipeiris.com.

Last Updated: May 2024

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