Thank you for using our services. The following Terms of Use, Privacy Policy, Terms of Use for Mobile Devices, along with all other policies and documentation specified on our website mycity.lk explicate on the terms on which we offer our range of services to you, also pertaining to our list of sub-brands (ShopMO, TasteMO, TravelMO, StayMO, PlayMO, etc.) concerning your use of our website, services, applications, and tools (hereon forth addressed as “our services”).
When using our services upon, and when accessing our website, you are thereby agreeing to comply and agree with all of our Terms of Use and other policies.
MyCity.lk and all its subsidiaries not limited to ShopMO, TasteMO, TravelMO, StayMO, PlayMO is brought to you by MyCity.lk, Y Junction, Thimbirigaskatuwa, Negombo, Sri Lanka.
Your ‘MyCity’ Account
When using the services that we provide, you may need to sign up and create a personal MyCity account with us by entering your email address and a password, in order to access some of the stated services. Please note that ensuring the confidentiality of your own password used to register is solely your responsibility and that MyCity.lk will not be held accountable for any personal account breaches pertaining to this matter. You must note that you are responsible for all the activity that takes place in your personal MyCity account – thereby, you must note to enter a ‘strong’ password that will not be easily accessible by a third-party, in order to enforce the safety of your account with us.
You are not authorised to ‘transfer’ your personal MyCity account to a third-party without our consent. As indicated in our Privacy Policy, you may access our Services on our website using a third-party device by giving us permission to access, store, and use your information when using the stated third-party device. If you at any situation believe that your personal MyCity account has been compromised or exploited, please contact us immediately at MyCity Customer Support Centre.
Using Our Services
When posting, you must at all times abide by our Terms of Use and other policies, by posting and/or sharing appropriate content, by ensuring to circumvent the following at all times:
- Violating our Terms of Use and our Policy on Prohibited Content
- Post any false or misleading information
- Infringe any third-party right
- Dispense and circulate any content including spam, chain mail, pyramid schemes
- Spread any viruses, cyberattacks or any other technologies that may cause harm to MyCity.lk, its users, account holders and stakeholders
- Obstruct and hinder the services of MyCity.lk by levying an irrational capacity on our infrastructural content
- Copy, amend and/or circulate any other person’s content as your own
- Try to access MyCity.lk in order to collect content or for any other purpose by using any automated means (robot/spider/scraper) without our prior written permission
- Obtain any personal and confidential information about other users or stakeholders, including email addresses, without their consent
- Bypass any protocols taken to prevent and restrict third-party access into MyCity.lk
Abusing Our Services at MyCity.lk
Our Flagging System is set in place for our clientele, in order to ensure that you have a positive experience while using MyCity.lk. In situations where you may notice any problems or offensive content posted on our website, please feel free to use the Flagging System to file a complaint. We would subsequently limit or terminate our Services in perspective of the situation, followed by removing any hosted content while taking any technical and legislative measures to ensure that any individual/s involved in the matter are kept away from MyCity.lk and our services, if they are considered to be tarnishing the good name of our organization, disrupting the trust between our clientele and stakeholders, and are behaving in a manner that are inconsistent to our Terms of Use and other policies of action.
Notwithstanding any of the aforementioned particulars, MyCity.lk or its members of staff will not be held liable for any third-party disruptions caused in terms of consistently monitoring MyCity.lk for unconstitutional or prohibited content posted on MyCity.lk – regardless if the aforementioned steps are practiced in order to remove any illicit content posted on MyCity.lk that is in dispute with our policies.
Global Marketplace
With prior permission of our partnering clientele and stakeholders, we may publicise and display your advert on other, third-party websites, along with any classified websites in other countries, in full accordance with the rights granted to us (stated below – See: “Content”). Thus, by using our Services, you may agree to have your adverts displayed on other sites with prior informed consent. The Terms of Use and other policies would be of similar nature to the policies on MyCity.lk, however you may be subject to additional regulatory conditions if you authorise your adverts to be publicised on other platforms. If you indicate your approval for posting your advert on a separate website in addition to MyCity.lk, you may be responsible to warrant for the legitimacy of your advertisement and that it follows the policies of the third-party website. If we are to find that your advertisement is in violation of any of the policies stated in other websites or is flagged as inappropriate, your advertisement would then be removed from the specific website.
Fees and Services
We offer few of our services for free-of-charge in general. However, we may still charge you for specific services offered by MyCity.lk. Please note that all our payments would be in Sri Lankan Rupees for the time being, however in the feature you may see us accept cryptocurrency payment, and if the services that you have selected requires you to pay a fee, you may review this charge prior to proceeding with any payment. We have set up a standardised list of payment details, however, please note that the prices listed are subject to change in the future, at any given time, and these changes will be displayed on our website in accordance. We may change our price lists provisionally to fall in accordance with any promotional events or introductory services, which would be effective when such events are announced on our website.
Please note that our fees are non-refundable, and you are to ensure that the payments are made in a timely manner when they are due. If you fail to make any payment at any stage, we may limit your access to our services. If your payment method (such as a direct debit method) fails, or in the occasion that your account is overdue, we may collect the fees owed by you via other means of collection (for accounts overdue exceeding 180 days, you will be allowing us to instruct PayPal to deduct the amount owed from your PayPal balance).
Sri Lankan taxes supplemented with our Services will also be collected where applicable. As a user, you would thereby agree to provide correct and accurate contact information, including addresses, in order to ensure that MyCity.lk is able to comply with any obligations under any pertinent laws within Sri Lanka. In the case that the required information provided is not accurate, MyCity.lk will in discretion determine and collect the appropriate taxes pertaining to each specific scenario. You are solely responsible to obtain and settle any taxes that may be applicable due to a sale of your items advertised on MyCity.lk. We have ensured that almost all of the Services and functions of MyCity.lk remains the same in accessibility on all platforms both web and mobile, it must be noted that in some occasions, some features may not function as expected depending on the website and/or mobile device that you use to access our Services.
Content
When using our Services, you agree to not copy, amend and/or circulate, resell or distribute our Services, our copyrighted content or any trademarks in any given occasion. You must note that when you provide us with the content required for your advertisements and promotional material, you are also providing us with non-exclusive, global, continuous, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity and database rights to the aforementioned content. If at any given situation, you believe that your rights have been violated, please notify the MyCity Customer Support Centre where will further investigate the matter before taking necessary action. Please note MyCity.lk has complete authoritative rights to remove any content where it may come to our attention that the content received may cause harm and/or offence to any party or does not abide by the Terms of Use and Policies of MyCity.lk and its subsidiaries.
Reporting Intellectual Property Infringements (User Content Verification (UCV))
We kindly urge to ensure that your content do not consist of any information or data that may infringe third-party rights – including, and not limited to content and material that transgresses intellectual property rights involving the misuse of copyright and trademarks, such as the sale of forged items for sale. Do not share content that may include any reference to any identifiable third-party individuals or bodies without prior permission from each such individual. We reserve the right to remove any content that we believe to be infringing any copyrights or licensing material of another party that is displayed on our website, that do not abide by our Terms of Use and Policies.
Please follow these guidelines if you believe that your intellectual property rights are being infringed –
- Only the owner of the content or material of the property that is potentially being infringed is able to report this through MyCity.lk’s UCV Program.
- If you believe that your original content and material, including but not limited to your copyrights, trademarks, licensing or any other form of intellectual property was infringed and publicised on any of our platforms, please Click Here to fill and submit the Declaration of Infringement (DOI). Upon receiving your DOI, MyCity.lk will obtain further confirmation from you based on the content and information stated in your form.
We reserve the right to share your completed DOI with the party that have posted your potentially infringed content, in agreement with pertinent laws and regulations.
Disclaimers and Limitations of Liability
The services provided by MyCity.lk are provisioned an “as is” and “as available” basis. It must be acknowledged by the users of MyCity.lk that they will not hold MyCity.lk or its staff responsible or liable for any content that is posted by other users on our platforms. The users must also note not to hold us responsible for the payment submissions via any online payment mediums such as PayPal, hereunto addressed as a “Third-party Payment Medium”. i.e. – in the occasion that you have used a Third-party online Payment Medium as mentioned before, and have linked the aforesaid account to your MyCity account, you agree to be bound by the Terms of Use and other relative Policies of the Third-party Payment Medium and that we, MyCity.lk are not, at any given stage, liable for any loss or damages pertaining to the Payment Medium’s services offered in conjunction, for you.
You must acknowledge that due to the factor that the content forecasted on our website is primarily published by other users, such as yourself, we cannot assure or warrant for the accuracy, comprehensiveness, effectiveness or timeliness of any of the postings or correspondence, the quality, safety or legality of what is offered by other users. We are also unable to guarantee the continuous or secure access to our Services. Functionality of notifications in our Services may not occur in real time. Such matters are subject to delays that are beyond our control, including and not limited to the user’s physical location or your date service provider’s network. As such, the extent to which it is legally permitted, we renounce all licenses, depictions and circumstances, express or inferred, including those of quality, merchantability, serviceable quality, durability, fitness for a specific purpose and those ascending by decree.
We are not to be held accountable for any loss, whether of monetary value (including profit), goodwill, or repute, or any special, unintended, or consequential damages arising due to your use of MyCity.lk, even if we are informed by you or we could rationally foresee the leeway of any such destruction transpiring. Some authorities in certain scenarios do not permit the renunciation of warranties or elimination of damages, so such disclaimers and exclusions may not apply to you. Despite what was stated previously, in the occasion that we are found to be predisposed and accountable, our liability to you or any third party (whether in agreement, misdemeanour, negligence, strict liability in misdemeanour, by ruling or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 10,000 Sri Lankan Rupees.
Indemnification
You will indemnify and hold harmless MyCity.lk and its subsidiaries and affiliates and other officials, directors, agents and members of staff, hereunto addressed as the “Indemnified Party”, from any claim bought forward by a third-party, along with any sums payable to the third party in reason for settlement or as awarded, with equitable legal expenses incurred by any of the Indemnified Parties pertaining to any matters upon your usage of our Services, including of any suspected violations by you of any applicable legislature or regulation. We reserve the right to assume the exclusive justification and governing of any complication subject to indemnification by you at our own expense, but doing so will not excuse your indemnity obligations.
Personal Information
By using our Services, you thereby agree to the collection, transmission, storing and use of your personal information by MyCity.lk, on servers located in Sri Lanka as further reiterated in our Privacy Policy.
Reviews
In certain situations, you may be asked to review which is inclusive of a 1 to 5-star rating when messaging other users via MyCity.lk. You are to rate your experience between 1 and 5 stars, along with your reason for your selection. Thus, your review, along with your username and profile photo (if available), and the category of the seller’s listing would be made visible to the public. Hence, user reviews must be submitted in good faith, ensuring that both parties involved (i.e. – yourself and other user) are depicted fairly, in terms of the correspondence maintained between the two parties.
When leaving a review, one must note to –
- Always be truthful about the correspondence that occurred between you and the other user on the MyCity platform,
- Never attempt to harass or abuse the other user in way of leaving a review
- Never attempt to manipulate or mislead other users of MyCity.lk
In order to sustain the integrity of the review system, users are unable to edit or remove reviews on their profiles or another user’s when the review is made. Please note, MyCity.lk will not undertake any mediation between review-related disputes or matters; hence, the reviews posted on our website is merely the opinions stated of other users based on their experiences and therefore not any personal sentiments or beliefs of MyCity.lk or its members of staff. We reserve the right to review and remove such reviews that we believe to be in violation of our policies. Please Click Here for more information on our User Review Policy.
General
The afore and below mentioned Terms of Use inclusive of any other Policies pertinent to the Services of MyCity.lk and its subsidiaries constitute the all-inclusive agreement between the user and MyCity.lk, overriding any prior arrangements or contracts made. This agreement is governed and administrated by the Sri Lankan Legislature applicable in the given situation in submission of both parties to the Sri Lankan governing jurisdiction applicable to these matters. Please note that this will not affect your statutory rights as a consumer and applicated consumer law thereby requires application of another law for specific topics and field of interest. In the occasion that we do not implicate and enforce any particular provisional matters, we are not waiving off our right to do so in a later occasion. If in case a court strikes down any of the stated Terms of Use, the remaining Terms of Use and clauses will persist. We may automatically assign this agreement in our sole discretion complying with the notice of provision stated below (our assignment to an affiliate will thereby require no prior notice). All notices other than those pertaining to illegal or infringing of content, must be sent via email or registered mail to:
MyCity.lk,
Y Junction, Thimbirigaskatuwa,
Negombo, Sri Lanka.
User Inquiries
We will send any noteworthy announcements to our users via the email addresses that is provided, or via Registered Mail through Sri Lanka Post. Notices sent through Registered Mail will be considered received, five (5) days following the date of mailing. We may update this policy at any time, with any of the updates taking place when you next use the MyCity.lk website, or after 30 days, depending on which occurs first. No other amendment to such agreements will be effective unless it is done so in writing, signed by the users and by us. If you have any questions, concerns or complaints pertaining to this matter, please do not hesitate to lodge those to MyCity Customer Support Centre.
Terms of Use – Mobile Devices
In the situation that you are accessing our Services via the MyCity Mobile Application (hereunto referred to as the “MyCity App”) using a mobile devide, the following Terms of Use applies to you in addition to the Mobile Privacy and Legal Notice or End User Licence Agreement, pertinent to your given situation, as it may be. Your use of the MyCity App confirms your acknowledgement and agreement to these Terms of Use – Mobile Devices hereunto and forward.
Use of the MyCity Mobile Application
MyCity.lk hereby gives you the right to use the MyCity Mobile Application in accordance with the following restrictive clauses held in place.
You may not:
- Alter, reproduce, distribute, warrant, vend or otherwise commercialise the MyCity App or any information or software related with the App in any manner
- Rent, lease or transfer rights to this application
- Use the MyCity App that could damage the App or inhibit with any party’s usage or satisfaction gained from the App
You must in all situations comply with relevant laws and regulatory measures, along with any third-party terms of use when using the MyCity App (i.e. – your data service agreement). The MyCity App may not contain some functions that is available on the MyCity.lk website, where some of these may not be available depending on the device used to access the App. Please note that the download and use of the MyCity App is at your own discretion and peril, and thereby you are solely responsible for any damages to your device’s hardware, or loss of data that occurs as a result of the download or use of the App.
Use of the MyCity Mobile Application
Sri Lanka’s Policy on Prohibition & Foreign-Trade Regulations
The MyCity Mobile Application nor its underlying technology are to be downloaded to, or exported or re-exported in any given situation:
- Into (or to an individual who is a resident or national of) any country subject to Sri Lankan embargo
- To an individual who is considered a Specially Designated National or a Denied Party or Entity List of the Ministry of Finance, Sri Lanka or the Department of Commerce, Sri Lanka respectively, and
- To any country, individual, end-user or other entities or bodies in prohibition, that is specified by the Sri Lankan export laws.
When using the MyCity App, you responsible and in discretion for complying with all the trade regulations pertaining to both foreign and domestic laws as imposed by the Sri Lanka government (i.e. – you are not based in a country that is subject to the Sri Lankan embargo, or one that has been designated by the Sri Lankan government as a “terrorist supporting” country, and you are thereby not listed on any of the prohibited or restricted parties by the Sri Lankan government).
Additional Terms
The following Terms of Use are emphasised in accordance with the mobile device you are using to install the MyCity App on:
If you are using an iOs device – Apple
- The aforementioned Terms of Use is solely an agreement between MyCity.lk and you, a user of MyCity.lk platform; not with Apple. Apple is not responsible for the MyCity App and the content thereof.
- We hereby allow you, the user, the right to use the MyCity App only on as iOS device that you own or control as endorsed and permitted by the Usage Rules stated in Apple’s App Store Media Services list of Terms and Conditions.
- Apple is in no obligation in any means to provision any maintenance or support services pertaining to the MyCity App.
- Apple is not be held accountable for the inquiry, justification, reimbursement, and acquittal of any third-party intellectual property infringement claim.
- Apple is not in any circumstance to be held liable for addressing any claims by you or any third-party relating to the MyCity App or the user’s possession and/or use of the MyCity App, including and not limited to
- Product liability claims
- Claims relating to the MyCity App failing to follow with any applicable legal or regulatory obligations
- Claims arising under the Consumer Protection Authority or any similar legislative body
- In the event that the MyCity App fails to follow through with any applicable warranty, you may notify Apple, where Apple may refund the purchase price, if applicable, of the App to you, and to the maximum degree permitted by pertinent laws, Apple will have no other contract commitments in any means in terms of the App.
- Apple and Apple’s subsidiaries are thereby third-party beneficiaries of these Terms of Use, and upon agreement, Apple as a third-party beneficiary as stated above will there on foreword will have the right (and is considered to have accepted the right) to enforce these stated Terms of Use against you.
If you are using an Android device – Google
- The aforementioned Terms of Use is solely an agreement between MyCity.lk and you, a user of MyCity.lk platform; not with Google. Google is not responsible for the MyCity App and the content thereof.
- The MyCity App must be used in compliance with Google’s current Google Play Store Terms of Service
- You must acknowledge that Google is solely the provider of Google Play Store, the platform in which you downloaded the MyCity App
- Thereby, Google has no obligation or accountability to you in regards to the MyCity App or the aforementioned Terms of Use
- You hereby accept and understand that Google is merely a third-party beneficiary to the aforesaid Terms of Use in relation to the MyCity App that is downloaded.
– End of the MyCity.lk Terms of Use –