Terms & Conditions

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Terms and Conditions

Welcome to COSCO

This document is an electronic record in terms of Electronic Transactions Act. No 19 of 2006 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Electronics Transactions Act No. 19 of 2006.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

The mycosco.lk website, the mobile COSCO site, COSCO customer support lines and email addresses, and any COSCO app (Android and iOS) are collectively the “COSCO Properties” and each individually is a “COSCO Property.” By using any COSCO Property and its related services, products, and software (“Products”) in any way, including to (i) purchase Products, (ii) apply for available financing options to be used to purchase Products, or (iii) contact COSCO for customer support, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any COSCO Property. Additional or separate terms may apply to your interactions with other COSCO websites, COSCO Shield, and to your use of individual services or features available on a COSCO Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern.

We may make changes to any COSCO Property and the Terms at any time and without notice to you. It is your responsibility to review the Terms for updates or changes. If any provision of or change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or conditions. If you do not agree with the Terms, you should not use the COSCO Properties.

Privacy

Your use of the COSCO Properties is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.

 

 

Information on the COSCO Properties

We try to be as accurate as possible with the information we present on the COSCO Properties. We will make reasonable efforts to accurately display or communicate the attributes of the Products we sell. The information displayed on the COSCO Properties or shared with you as part of your interactions with the COSCO Properties, such as through the use of chat, may be created or provided to you by artificial intelligence software (“AI”). AI used on or in connection with the COSCO Properties to provide you with ideas, inspiration, summary information, or other contextual information, including those in response to topics or questions you input, is provided solely for your convenience and may not always be accurate. We do not warrant that Product descriptions or other content, whether generated by AI or not, is accurate, complete, or error free. Any use of AI or other technologies on or in connection with the COSCO Properties, including chat-based or conversation-based technologies, regarding any of our terms and conditions (including these Terms), policies, or practices is provided solely for your convenience, and any deviation, contradiction, additional, or different term provided shall be void and non-binding and instead the applicable terms and conditions, policy, or practice shall control. Prices and promotions are subject to change and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalogue may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order, or we may contact you for instructions on the order.

Paying for your order

Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we’ll charge your payment method when you initiate the download of the item or when the item is placed in your account and available for use. For special-delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfilment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.

Order confirmation

Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel all or part of an order that we’ve already charged you for, we’ll refund you the full amount of the cancelled portion of the order.

My COSCO program

When you create an account on a COSCO Property, we will automatically enrol you in the My COSCO program. The My COSCO program is a free program through which you may receive membership benefits. 

Proprietary rights

All content included on or comprising the COSCO Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under Sri Lanka and international copyright laws, and COSCO owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The COSCO and COSCO Shield logos and other trademarks on the COSCO Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by COSCO and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

User generated content: reviews, comments, communications and other content

You may interact with the COSCO Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant COSCO a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, translate, reproduce, transmit, publish, display, delete, create derivative works from, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow COSCO to feature text, images and videos shared through social media (e.g., Facebook™, X, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. For this reason, do not send us any content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the information to use, and grant to third parties such as COSCO the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding information that you may have under any applicable law under any legal theory. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

Notification of copyright infringement under the Intellectual Property Act, No. 36 of 2003

If you believe that your copyrighted material may have been infringed, please provide the COSCO Copyright team with the relevant information of the infringed copyright material in writing through support@mycosco.lk

Disclaimers and limitation of liability

COSCO provides the COSCO properties and all information, content, and other material made available through the COSCO properties on an “as is” and “as available” basis. We make no representation or warranty that any COSCO property will meet your requirements, or that it will be uninterrupted, secure, or error free.

Any warranty on any product sold through a COSCO property is provided by the manufacturer of that product. To the fullest extent permitted by applicable law, COSCO will not be liable for any indirect, incidental, or consequential damages attributable to your use of any COSCO property, any product or service purchased through a COSCO property, or for any inaccurate information generated by AI and displayed on the COSCO properties or shared with you as part of your interactions with the COSCO properties. The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by products you purchase through a COSCO property or COSCO gross negligence, intentional, wilful, reckless or malicious misconduct, or fraud.

Links to third-party websites

The COSCO Properties contain links to other sites operated by third parties (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. COSCO does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a COSCO Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

Export

Certain software or other materials (“Software”) that you may obtain through the COSCO Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.

Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the COSCO Properties only for lawful purposes. Activities including, but not limited to, tampering with any COSCO Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the COSCO Properties are prohibited.

You may not violate or attempt to violate the security of the COSCO Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any COSCO Property for unintended purposes or trying to change the behavior of any COSCO Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any COSCO Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of COSCO (impersonating COSCO) or to any COSCO Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of COSCO, including promotions and/or advertising of Products. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any COSCO Property or any activity being conducted on any COSCO Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any COSCO Property other than the search engine and search agents we provide and generally publicly available browsers.

 

 

Dispute resolution

These Terms are governed by and construed in accordance with the laws of The Democratic Socialist Republic of Sri Lanka. Any dispute involving you and COSCO or any of its agents must be resolved through court proceedings in Sri Lanka.

“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with COSCO, its agents, and its present and future subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of COSCO’s websites; (2) your membership in any COSCO loyalty or rewards program (e.g., My COSCO) or subscription-based services (e.g., COSCO Shield or COSCO Care); (3) your receipt of delivery, repair or installation services or consultation services provided by COSCO or its agents; (4) any communications between you and COSCO; (5) application for financing; and/or (6) your purchase of Products offered, sold, or distributed by COSCO including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such Products. If you are a My COSCO member, Dispute shall also include all disputes that arose before your enrolment in, and after the cancellation or termination of, the My COSCO program, including any claims that are the subject of a purported class action litigation.

Before either Party may initiate a court proceeding, you and COSCO agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement.  If you intend to initiate a court proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to COSCO. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable COSCO to identify any transaction at issue.  The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought.  Your Notice shall be personally signed by you and sent to COSCO by email at support@mycosco.lk. If COSCO intends to initiate a court proceeding, it will send a Notice to you at the contact information we have on file.  If requested by COSCO as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and COSCO. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or COSCO may proceed with court proceeding (this informal process is a condition precedent to doing so.). If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.  A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for court proceeding. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.

Applicable law

Applicable federal laws including but not limited to Sale of Goods Ordinance No. 11 of 1896, Consumer Affairs Authority Act No. 9 of 2003 without regard to principles of conflict of laws, will govern these terms and apply to any disputes against COSCO.

Additional policies

The following policies also govern your use of the COSCO Properties and are incorporated by reference into the Terms:

Termination of use

We may, in our sole discretion, terminate your account or your use of the COSCO Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any COSCO Property at any time without prior notice.

Use of the COSCO Properties

You may use the COSCO Properties for your personal, non-commercial use only. You may not use any COSCO Property if you are under the age of 18. If you are between the ages of 13 and 18, you may use the COSCO Properties only with involvement of a parent or guardian.