Terms & Conditions

1. General Terms and Conditions Which Apply to Users

1.1 In registering for this Website, the User must provide true, accurate, current and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.

1.2 The User hereby agrees and acknowledges that the Website may contain adverts placed by advertisers or companies in the course of business for goods or services (and which the Company takes no responsibility for). Advertisers or companies using the Website or the Service to place adverts offering goods or services of a business, commercial or trade nature must include their full names in the advert and make it clear that they are selling goods or services in the course of business either by the content, format, size or place of the advertisement or by including words such as “trade”, “dealer”, “agent”, “wholesale” or similar in the name of the advert they submit for publication.

1.3 The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.

1.4 The Company reserves the discretion to withdraw any Material or User Material from the Website without prior notice and to refuse any User Material posted or provided to the Company by a User.

1.5 The User’s Registration Details and data relating to its use of the Website will be recorded by the Company but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 1.6 below) nor used for any purpose unrelated to the Website. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.

1.6 The User hereby authorises the Company to use any information which it submits to the Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 1.5 above, the Company will not use User data for any other purposes than as set out in these Terms except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

1.7 If the User does not wish the Company to use its information as set out in Clause 1.6 above, it should leave the Website before submitting its personal details

1.8 If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to support@pola.lk and insert unsubscribe as the subject heading of such message.

1.9 You must keep confidential any user identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.

1.10 The Company reserves the right to suspend or terminate a User’s account where, in its absolute discretion, it deems the User has breached these terms or deems such suspension or termination is otherwise appropriate. In the event of such suspension or termination, the Company will notify the User by email and the User must not seek to re-register on any Website either directly or indirectly through a related entity. The Company’s rights under this Clause 1.10 shall not prejudice any other right or remedy the Company may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.

1.11 For the avoidance of doubt, the Company is providing a service not goods.

1.12 The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company inform the appropriate authorities.

1.13 not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any Service or any operating system

1.14 not transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service;

1.15 use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of the Company’s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation;

1.16 not use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file) and only access the Service manually;

1.17 not use the Service other than for your own personal use or as an agent listing property for sale and to rent;

1.18 not attempt to copy any Material or reverse engineer any processes without the Company’s consent;

1.19 not use any Service in breach of any policy or other notice on the Website;

1.20 not remove or alter any copyright notices that appear on the Website;

1.21 not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;

1.22 not interfere with any other User’s enjoyment of the Website or the Service;

1.23 not publish any User Material which is or may be Unacceptable or that may encourage a breach of any relevant laws or regulations;

1.24 not conduct yourself in an offensive or abusive manner whilst using the Website or the Service;

1.25 not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any User to post advertisement on a third party website or post any advertisement on behalf of such User;

1.26 not collect personal data about other Users or entities for commercial or unlawful purposes;

1.27 The Company permits the User to post User Material on the Website in accordance with the Company’s procedures provided that User Material is not illegal, misleading, obscene, abusive, threatening, defamatory or otherwise objectionable to the Company. You must not post any Unacceptable material and, in respect of any User Material you post, you warrant that it is not Unacceptable.

1.28 The Company grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by the Company or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specialises in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Clause 1.20 permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). The Company may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorised access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Material made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the Company.

1.29 The Company offers a service known as “Featured Ads” where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility. In order to purchase a Featured Ad, you may be required to transmit certain information through a third party service provider, Click & Buy, a third party website, that may be governed by its own terms of use and other policies. The Company makes no representation or guarantee as to the safety or security of the information transmitted to any third party website, and your linking to any third party website is completely at your own risk, and the Company disclaims all liability related thereto.

1.30 The Company may employ a third-party provider for processing credit card payments for users that use the Product(s) or services provided. Such third-party provider may have access to personal information provided by users needed in order to perform their functions, but may not use it for any other purpose. The Company does not have access to or retain any users payment information.

1.31 All images on pola.lk are watermarked, which prevents the images to be used for other purposes, without the consent of the advertiser.

1.32 Users are required to submit a valid email address, before they are allowed to post advertisements. The email address of the User shall not be publicly displayed and other users are permitted to send email to the User through pola.lk.

2. Paid Postings

2.1 The Company may charge a fee to post Material in some specific areas of the Service (“Paid Material”). The fee permits Paid Material to be posted in a designated area of the Website. Each party posting Paid Material to the Service is responsible for the Material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the Service for violating these terms. Additional terms regarding Paid Material will be fully stated in the applicable section(s).

Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site such as PayU offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). pola.lk may offer you a right to pay through cash or other channels such as cash collection. You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway or collection agencies. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.

3. Paid Boosting Services and Refunds/Cancellations

Non-Refundable Payments: All payments made for boosting services are final and non-refundable. Once the payment is processed, it cannot be reversed or refunded under any circumstances.

No Guarantee of Sale: The purchase of boosting services does not guarantee the sale of any items listed on the platform. The effectiveness of the boosting service may vary and is dependent on various factors including market demand, item relevance, and user engagement. We make no warranties or representations regarding the success or outcome of any boosted listing.

4. No Spam Policy

4.1 You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s e-mail system. Any communication between yourself and any other User utilising the communication features available on the Service and the Website may be used only in accordance with these Terms.

4.2 Any unauthorised use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular the Sri Lanka Cyber crimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the Sri Lanka Cyber crimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant Sri Lanka laws.

5. Limitation of Liability

5.1 The Company shall not be liable for any:

• consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);
• loss of profit;
• loss of business;
• loss of revenue;
• loss of or corruption to data;
• loss of use;
• loss of production;
• loss of contract;
• loss of opportunity;
• loss of savings, discount or rebate (whether actual or anticipated);
• harm to reputation or loss of goodwill;
• loss of anticipated savings,

5.2 The limitations at Clause 4.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links to the Website or Service.

5.3 The limitations in this Clause 4 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

5.4 Whilst the Company will take all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Website.

5.5 The Website include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and, as far as the law allows, and subject to Clause 4.11, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

5.6 The Company does not guarantee that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by force manure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.

5.7 The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

5.8 The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.

5.9 The Company does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

5.10 The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Website accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.

5.11 The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Website accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.

5.12 None of the Clauses herein shall apply to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents.

5.13 The Website is controlled and offered by the Company from facilities in Colombo in the Sri Lanka. The Company makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

6. General

6.1 All postings are free of any publication fees. Once approved from our review team, your ad will be live in our platform for 180 days. Customers can publish unlimited ads without any fee. However, pola.lk has all rights to change these policies in the future. This will not affect any ads which you have already published.

6.2 Subject to Clause ‎5.2, these Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause ‎12.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

6.3 The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of these Terms. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Website and your use of the Service.

6.4 If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

6.5 The Company reserves the right to assign or subcontract any or all of its rights and obligations under these Terms. The User may not assign or otherwise transfer its rights or obligations under these Terms without the Company’s prior written consent.

6.6 Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.

6.7 The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

6.8 Any delay or forbearance by the Company in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

6.9 The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.

6.10 These Terms shall inure to the benefit of and be binding upon each party's successors.

6.11 pola.lk does not guarantee continuous or secure access to the Web Site/App. The Web Site/App is provided "as is" and as and when available.

6.12 Advertisers grant pola.lk irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed. The material (including the Content, and any other content, software or services) contained on pola.lk are the property of Binary Digital Labs (Private) Limited, its subsidiaries, affiliates and/or third party licensors. Any intellectual property rights, such as copyright, trademarks, service marks, trade names and other distinguishing brands on the Web Site are the property of Binary Digital Labs (Private) Limited. To be clear: No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored or distributed without written permission from pola.lk

6.13 All website design, text, graphics, the selection and arrangement thereof are Copyright ©2024, pola.lk, ALL RIGHTS RESERVED .

7. Governing law

pola.lk is fully operated under the laws and regulations of Government of Sri Lanka.