Terms and Conditions

By using our website and services, you agree to comply with and be bound by these Terms and Conditions. Please read this document carefully.

Introduction

Welcome to BISTEC Care! The following document (hereinafter referred to as the “Terms of Use” or “Agreement”, which expressions as hereinafter utilized shall mean and include the contents of this document as well as any provisions incorporated therein by reference or contained in any annexures thereto, as may be amended from time to time) constitutes a legal agreement entered into by and between you and BISTEC Care (Private) Limited (“BISTEC Care”, “we”, “our” or “us”), which shall govern and constitute the terms and conditions under and upon which you may access and utilize the BISTEC Care Platform (as hereinafter defined).

PLEASE ENSURE THAT YOU CAREFULLY READ AND UNDERSTAND THE ENTIRETY OF THESE TERMS OF USE BEFORE ACCESSING OR OTHERWISE USING THE BISTEC CARE PLATFORM. IF YOU DO NOT AGREE TO OR COMPLY WITH ANY OF THE TERMS AND CONDITIONS INCLUDED HEREIN, PLEASE REFRAIN FROM CREATING A USER ACCOUNT OR OTHERWISE ACCESSING OR USING THE BISTEC CARE PLATFORM.

Definitions and Interpretations

All references to the “User”, “you” or “your” shall mean and refer to any person who accesses and / or uses the BISTEC Care Platform in any manner - including, but not limited to, those parties that create a User Account (as hereinafter defined). Such references shall also include such User’s successors, principal(s) and representatives, if any.

For the purposes of these Terms of Use:

  • “BISTEC Care Platform” shall mean and refer to any public-facing internet website, online or digital application and social media account operated by BISTEC Care - including, but not limited to ,https://bisteccare.lk/.
  • “User Account” shall mean and refer to a User’s dedicated account on the BISTEC Care Platform - consisting of, but not limited to, its login credentials, profile and related information.
  • “Applicable Law(s)” shall mean and refer to any law, regulation, ordinance, statute, rule, judgment, decree, order, resolution and policy, etc. having binding force passed or decreed by the Government of the Democratic Socialist Republic of Sri Lanka, its instrumentalities or other concerned statutory authorities.
  • “Intellectual Property” shall mean and refer to without limitation, any and all trademarks and service marks, copyright (including copyright in promotional material and the object and source code of any software), patents, industrial designs, social media handles and accounts, domain names, proprietary formulates, databases, know-how, innovations, designs, trade secrets or any improvements to such property (including any and all material defining, describing, or illustrating such property), whether in hard copy, electronic form or otherwise and whether registered or unregistered (including the right to register).

Users acknowledge that certain terms and conditions are incorporated into these Terms of Use by reference (including by linked information). This includes but is not limited to the Platform’s Data Privacy Policy.

Representations and Warranties

By creating a User Account or clicking to accept these Terms of Use when offered the option:

  1. You represent and warrant that you are of legal age and capacity to enter into a legally binding contract with BISTEC Care on the terms and conditions specified in this Agreement;
  2. You represent and warrant that you are not, whether by virtue of your jurisdiction of incorporation / domicile or otherwise, subject to any sanctions that would otherwise prohibit or restrict BISTEC Care from dealing and / or contracting with you; and
  3. You hereby acknowledge and undertake that you have read and understood the entirety of these Terms of Use and agree to be legally bound by the terms and conditions set out therein.

If you are entering into these Terms of Use on behalf of a company, firm or other entity (whether incorporated or otherwise), you hereby: (i) further represent and warrant to BISTEC Care that you have the authority to bind such entity on the terms and conditions stipulated hereafter and, correspondingly, that your acceptance of these Terms of Use shall lawfully be deemed to be an acceptance by such entity of these terms and conditions; and (ii) acknowledge on behalf of such entity that any references to the “User”, “you” or “your” made hereafter shall include such entity and any personnel or representatives that it authorizes to access and use the BISTEC Care Platform on its behalf and whose consent hereto and compliance herewith such entity undertakes to ensure and procure.

If you do not satisfy any of these requirements, you must refrain from creating a User Account or otherwise using the BISTEC Care Platform and its products and services.

You further acknowledge that, in entering into these Terms of Use, you have not and do not rely on any statement or representation, whether implied or otherwise, that is not explicitly set out and specified in these Terms of Use.

Changes

BISTEC Care reserves the absolute right to supplement, update, modify and otherwise revise its Terms of Use, from time to time, by publishing revised Terms of Use (containing any such updates, modifications and / or revisions) on our website and / or by sending an email to the address registered to your respective User Account:

Provided, however, that any such updates, modifications and / or revisions to the Terms of Use shall only take effect upon the revised version being posted on our website (accessible at https://bisteccare.lk/terms-of-use/https://bisteccare.lk/privacy-policy/. Your use of the BISTEC Care Platform after such revisions come into effect shall automatically and without further notice constitute your consent to such revised Terms of Use in their entirety. If you do not agree to or otherwise object to any such updates, modifications and / or revisions, you must immediately cease to use or access the BISTEC Care Platform. You further acknowledge that your sole recourse, if any, in such instance will be to cease using the BISTEC Care Platform. Therefore, please periodically review and familiarize yourself with the most recent version of these Terms of Use to make sure that you still agree to its terms and conditions. Please note that you are solely and exclusively responsible for staying apprised of the contents of these Terms of Use, as amended from time to time and made available to you athttps://bisteccare.lk/terms-of-use/https://bisteccare.lk/privacy-policy/. BISTEC Care also reserves the right to change all or any part of the BISTEC Care Platform and its features – including, but not limited to, any products and / or services provided through it, at any time, without notice.

User Accounts

To access and/or use the BISTEC Care Platform and its features, you must first set up and create a User Account.

You represent and warrant that any information (including, but not limited to, Personal Data) submitted or otherwise made available by you to BISTEC Care (whether directly via the BISTEC Care Platform or otherwise) is true, complete, up-to-date and accurate. You further acknowledge and agree that, for so long as you maintain a User Account, you shall be responsible for immediately updating, rectifying and supplementing any such information (either through the BISTEC Care Platform or, where required by these Terms of Use, by written notice to BISTEC Care in accordance herewith) as and when all or any part of such information becomes outdated, inaccurate or incomplete.

Subscription Plans

Except where, and to the limited extent, the BISTEC Care Platform specifically provides otherwise (for e.g., where limited provision is made for the temporary use of a free trial subscription), User Accounts are accessible and operable subject to fees payable based upon the subscription plan that you select and, accordingly, you agree to pay any and all applicable fees related to your use of the BISTEC Care Platform and your User Account as and when they are due. Such fees may be charged and collected on behalf of BISTEC Care either: (i) directly through a third-party payment portal / processor connected to the BISTEC Care Platform; or, where applicable, (ii) by one of the Bistec Care Platform’s Integrated PM Platforms. All payments are non-refundable.

Use of the BISTEC Care Platform

Subject to your continued and consistent compliance with the terms and conditions stipulated herein, BISTEC Care grants you a limited, revocable, non-exclusive and non-transferable license to use and operate a User Account on the BISTEC Care Platform in strict accordance with these Terms of Use (the “License”).

Intellectual Property

Users hereby acknowledge and agree that any Intellectual Property vested in, connected or related to or arising out of BISTEC Care Platform, its features and / or the business of BISTEC Care and its products and services (hereinafter “BISTEC Care IP”) shall, at all times, belong to BISTEC Care and, where and to the extent applicable, its respective licensors and affiliates. Your use of the BISTEC Care Platform and its features does not in any way grant you ownership or other rights or entitlements of any kind in or over the BISTEC Care Platform, its features or any BISTEC Care IP - except those limited rights and entitlements explicitly, specifically and unambiguously granted under and in terms of a License issued upon and subject to these Terms of Use.

Limitation of Liability

While we do make best efforts to ensure that the BISTEC Care Platform and its features operate as intended, Users hereby acknowledge and agree that the BISTEC Care Platform and its features are provided on an AS IS and AS AVAILABLE basis without any express or implied representation, warranty or guarantee of any kind made - including, without limitation, in respect of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Indemnification

Each and every User hereby acknowledges, undertakes and agrees to indemnify and hold BISTEC Care, its affiliates, officers, agents, employees, resellers, licensors, licensees and other representatives, harmless from any claim, demand, loss, expense and damages - including without limitation, reasonable legal fees and the cost of enforcing this indemnification provision, arising out of, resulting from or connected to: (i) any breach or violation by such User of these Terms of Use; or (ii) any act or omission of negligence or willful misconduct by such User.

Force Majeure

Without prejudice to the generality of the limitations of liability and disclaimers provided for above, in no event shall BISTEC Care be liable to any User, or be deemed to have breached these Terms of Use, for any failure or delay in performing its obligations hereunder, if and to the extent such failure and / or delay is caused by any circumstances beyond BISTEC Care reasonable control - including, but not limited to, acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, epidemics and pandemics, contractor difficulties, labor stoppages or slowdowns or other industrial disturbances, shortages of public utilities, or passage of law or any action taken by a governmental or public authority, including the imposition of an embargo.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.

You acknowledge and agree that, where any doubt, dispute, controversy or claim arises from, out of or in connection with these the BISTEC Care Platform, your User Account, these Terms of Use or in the interpretation, validity, operation or breach thereof (hereinafter referred to as a “Dispute”), you shall endeavor to settle such Dispute amicably with BISTEC Care through mutual discussions.

In the event that any such Dispute remains unresolved within a period of thirty (30) days from the date on which one Party serves notice upon the other of the existence of a Dispute (hereinafter referred to as the “Notice of Dispute”), the Dispute shall be referred to arbitration in accordance with the Arbitration Act No. 11 of 1995.

General Terms

All communications from BISTEC Care to a User shall be made either: (a) by electronic mail to the email account saved on record for such User’s User Account; and / or (b) by registered post or courier to the physical address saved on record for such User.

BISTEC Care reserves the right to suspend or terminate your User Account and / or access to the BISTEC Care Platform at any time, without notice, for any conduct that BISTEC Care, in its sole discretion, believes to be in violation of these Terms of Use or any applicable law or is harmful to other users of the BISTEC Care Platform, to BISTEC Care, to any third party, or for any other reason.