Terms and Conditions

Introduction

These Terms and Conditions set out the rules of our service and are applicable to your participation in an Auction. We provide a lowest unique bid auction service for property through our online website and SMS service. After proper registration and payment you will be permitted to bid in an auction subject to your acceptance of these Terms and Conditions.

You should ensure that you read these Terms and Conditions carefully. Your use of our service and participation in the Auction constitutes your acceptance of these Terms and Conditions. We reserve the right to change these Terms and Conditions from time to time. We recommend you review these periodically to check for any changes.


Defined terms

Competition means the Reverse Auction themed Prize Competition.

Bid means the attempt to obtain a specified Prize by way of putting forward a stipulated hypothetical price, as communicated to us by means of a text message. The aim of the Player is to put forward the Lowest Unique Bid.

Player, You or Your means the individual who participates in the Competition by placing a Bid.

Prize means any product stipulated by Us, to be offered as a Prize by Us.

Lowest Unique Bid means the lowest whole number Bid for a Prize that is closest to one (1), that has not been selected by any other Player. Zero or negative amounts are not allowed.

Our, We or Us means Wendesiya.

Winner means the Player who has the Lowest Unique Bid at the close of the Competition.

Website means Our Websites with the URL 52.39.88.71/wendesiya/public/index.php


Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or country, or that you are the age of majority 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 service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction

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.


General Conditions

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

You understand that your content may be transferred unencrypted.


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 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.


Copyright

All aspects of our website are protected by Sri Lanka copyright laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images (both intellectual property of Wendesiya or submitted to us by our clients), personal stories, Wendesiya icons, video and audio clips, downloads, and all other data, including all Wendesiya Designs.


Registration Information/Privacy Policy

Please refer to Wendesiya Privacy policy for information about our registration process, what information we collect on this Site and how we treat your personal information.


Electronic Communications

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Wendesiya. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Wendesiya. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.


Usage

Individual Usage.

If you are using the service as an individual, you represent that you are over the age of 18 or have parental consent to be binded to this agreement (the "service agreement" or "the agreement")


Usage as a Business or Other Entity.

If you are using the service for your business or other entity, you represent that you have the authority to enter into this agreement on behalf of your business or other entity.


An Enforceable Agreement.

Whether you agree individually or on behalf of an entity, you agree to all the terms of this service agreement. THIS IS A BINDING AGREEMENT ENFORCEABLE BY Wendesiya.


Offer

We may, from time to time, as stipulated offer a Prize to be won by way of a Reverse Auction themed Prize Competition (the "Offer") subject to the following conditions:

(a) the Prize shall be awarded to the Player who makes the Lowest Unique Bid and

(b) Each Offer shall remain open for such period as we shall stipulate (the "Bidding Period") but may be revoked at any time by notice from us.

We will accept only a limited number of Bids per mobile phone per Competition.

Unless otherwise stated within the Prize description, no Prize shall include reimbursement of any travel and other expenses incurred by the Winner in connection with the receipt of the Prize.


Acceptance

Bids may only be made in Sri Lankan Rupees and cost Rs.5+tax per daily subscription with 5 free bids and Rs.2+tax for extra Bid if made by mobile phone. You must ensure you have the bill payer's permission before entering Our Reverse Auction.

An Offer by Us shall be deemed accepted on receipt by us of the text message Bid from the Player outlining his or her Lowest Unique Bid. Text messages Bids from Players must be received by us during the Bidding Period in order to be entered into the Competition.

Lowest Unique Bid shall be determined by us in our absolute discretion after the expiry of the Bidding Period.

Confirmation of the identity of the Player with the Lowest Unique Bid shall be communicated to the individual Player by us, by whatever means deemed appropriate.

On the acceptance of the Offer by the Player who texts Us what is determined to be the Lowest Unique Bid at the close of the Bidding Period ("the Winner"), a binding legal contract is made for the award of the Prize by Us and the Winner assumes full responsibility for the Prize. Bids placed at the close of the Competition will not be counted, but may still be charged.

In the event that We deem in Our discretion the Winner to have secured the Lowest Unique Bid by way of machine, by way of multiple Accounts registered to mobile phones owned by the Winner, by way of multiple mobile phones owned by the same Player, or by way of participation in conjunction with a syndicate or group Bidding process which is unfair to the Competition, the Winner's Bids will be declared void. Such Bids are non-refundable by us.


Payment and passing of title

We will arrange for the delivery of the Prize to the Winner. Delivery times for Prize items may be affected by manufacture delivery dates and timescales. Prizes shall be paid by us at the value of the Prize advertised by us and are subject to all applicable taxes and/or foreign duties on cash payments (if any).

Substitute Prizes - In the event that the exact model of an item described in the Reverse Wendesiya Auction is no longer available at the time we have received the Winner's verification details. We reserve the right to substitute Prizes offered for similar models of the same or greater value. The Winner will be requested to make themselves available for the promotion or publicity of the Wendesiya and Our Reverse Auction Prize supplier and agrees to make themselves reasonably available for such purposes.


Disclaimer and limitation of Our liability to You

Our liability to you shall be limited to the value of the Lowest Unique Bid whether caused by breach of contract or tort, including negligence or otherwise. For the avoidance of doubt, entries that are incomplete will be deemed invalid. We accept no responsibility for entries lost, delayed or incomplete in transmission.

In any event, We will not be liable for any damages or losses whether direct or indirect that You may suffer as a result of failure by us to recognize, process or accept Your Bid including, but not limited to access delays or interruptions, data non-delivery or miss-delivery, any acts of God, war or terrorism, breaches of security or unauthorized use of Your mobile telephone or personal data arising from hacking and /or failure or lack of reception of telephone or mobile telephone networks.

To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Prize shall be excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Prize to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly we will not be liable for any misstatement, error or omission from the description of any Prize.


Your obligations

Your obligations include

(a) You must inform us immediately of any actual or suspected unauthorized use of your mobile phone. You can do this by emailing Us at info@mobisec.lk

(b) The Competition is provided by us for your personal use. You must not seek to commercially exploit it.

We will not pay any winnings or Prizes which may be due to you in the event that you breach any of Our Terms and Conditions. In addition, a breach of Our Terms and Conditions may constitute an offence of fraud and result in criminal prosecution.


Privacy policy and data protection consent

Information which you provide to us as part of the Bidding process (including but not limited to your name, address and mobile telephone number) and other information which you may supply to us are subject to Our Data Protection and Privacy Statement.

The current version of Our Data Protection and Privacy Statement shall be deemed incorporated into Our Terms and Conditions.

We may hold and use the information you provide for our future marketing purposes and the marketing purposes of any associated company and any related products. If you do not wish your details to be held or used by us or any associated company, you should e-mail us at info@mobisec.lk and request that this information is removed from our database.


General

Entry is only open to Players aged 18years or over.

In the event that the Winner does not meet the entry requirements under these Terms and Conditions, the Winner's Bid will be deemed invalid and the Prize shall be awarded to the Player with the next Lowest Unique Bid at Our discretion.


Copyright Policy

All Intellectual Property Rights including, but are not limited to copyrights, registered designs, patents, trademarks, service marks, design rights (whether registered or unregistered) database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world) subsisting in the Website and its content or the Competition is either owned by Us or licensed to Us. You may not reproduce any materials without the express prior written consent of Us nor do or attempt to do anything which infringes the Our Intellectual Property Rights or any Intellectual Property Rights use of which may be licensed to Us by a third party.


Opting in/out

By playing Our Reverse Auction themed Competitions You will receive a number of FREE in-game messages which include tip alerts and other promotional offers. In addition, You are opting in to receive future promotional messages about any other Reverse Auction themed Competitions, Prize draws and other games which the Wendesiya provide. These promotional messages are FREE.

If at any time you wish to be removed from Our Reverse Auction themed Competitions or other games database, please text STOP to 7171, you will not be charged by your operator to send this message. You may also email us at info@mobisec.lk with UNSUBSCRIBE as the subject.


Termination

Wendesiya reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access Wendesiya Site and/or any other service provided to you by Wendesiya.


User Communication

Wendesiya is pleased to hear from users and welcomes your comments regarding our services. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Wendesiya on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications").

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Wendesiya does not endorse or sponsor any such User Communications submitted by you or other users of this website.

Wendesiya reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Wendesiya will fully cooperate with any law enforcement authorities or court order requesting or directing Wendesiya to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.


Links to Other Websites

This Site may contain links to other websites. Wendesiya assumes no responsibility for the content or functionality of any non- Wendesiya website to which we provide a link.


Disclaimer

The materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

Wendesiya expressly disclaims any duty to update or revise the materials on this website, although Wendesiya may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. Wendesiya shall not be liable for any damages of any kind related to your use of this website.


Indemnification

You agree to indemnify, defend, and hold harmless each of Wendesiya its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site or competition, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.


Modification and Notice

You agree that Wendesiya may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.


Severability

If any provision of these Terms and Conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.


Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Sri Lanka without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Sri Lanka in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.