Terms and Conditions

AGREEMENT 

This Agreement covers all aspects with regards to the services performed by MY  ONLINE (PRIVATE) LIMITED (hereinafter referred to as ‘the service  provider’) to you the Client (hereinafter referred to as ‘the Client’). By clicking  the button stating ‘I agree’ and/or by utilizing, downloading or partaking of any  of the services performed through this website you explicitly agree to the terms  and conditions described to the terms and conditions described herein below.  

If for any reason whatsoever you do not agree with any of the terms and conditions  of this Agreement, you must:  

∙ Not click the button stating ‘I Agree’.  

∙ Not proceed with any of the services described on contained on the website.  

1. Definitions  

1.1. ‘Personal Data’ or Personal Information means any information relating to you  the client or is otherwise defined as ‘Personal Data’.  

1.2. ‘Intellectual Property Rights’ means all intellectual property or other  proprietary rights throughout the world, established in terms of the Intellectual  Property Act No 36 of 2003 and shall include Copyright, Trademarks,  Industrial Designs and Patents.  

1.3. The ‘Tax Return’ means the template of an Income Tax Return given to the  Client, upon provision of information as requested by the liaisons officer and  set out in the lanka.tax website and payment being made by the Client.  

2. The Services  

2.1. The Services that are provided by this website is to create a ‘Tax Return’ that  has been formulated in terms of the Inland Revenue Act, No.24 of 2017 and/or  in Circulars/Notices released thereafter by the Inland Revenue Department of  Sri Lanka that are for submission to the Inland Revenue Department.  

2.2. The Client upon fulfilling the instructions morefully set out in the Services and  Pricing page of this web site will be provided with a Tax Return that may be  submitted to the Inland Revenue Department for consideration of the Tax  Assessor for acceptance.  

2.3. Upon perusal of the Income Tax Return provided to you by this service and  upon agreeing to the contents contained therein the Client may provide the  Income Tax Return for submission to the Inland Revenue Department, on the  explicit understanding that submission of the said Income Tax Return to the  Inland Revenue Department is subject to the terms and conditions of this  Agreement. 

3. Limitation of Liability  

3.1. THE SERVICE PROVIDER WILL NOT BE HELD LIABLE FOR ANY  INACCURACY OF INFORMATION THAT HAS BEEN PROVIDED TO  THE SERVICE PROVIDER BY THE CLIENT.  

3.2. THE CLIENT AGREES NOT TO HOLD THE SERVICE PROVIDER  ACCOUNTABLE OR LIABLE, IN THE EVENT THE DOCUMENTATION  SUBMITTED BY THE CLIENT IS REJECTED BY THE INLAND  REVENUE DEPARTMENT OR ANY SUCH COMPETENT AUTHORITY  DECIDING ON THE DOCUMENTATION OF THE CLIENT.  

3.3. WITHOUT PREJUDICE TO 3.2 ABOVE THE CLIENT AGREE’S THAT  ANY LIABILITY OF THE SERVICE PROVIDER ITS EMPLOYEES AND  AGENTS FOR DIRECT LOSS IN CONTRACT, TORT, DELICT OR  OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS  AGREEMENT AND/OR ANY OF THE SERVICES PERFORMED  THROUGH THIS WEBSITE SHALL BE LIMITED TO THE TOTAL  AMOUNT OF PAYMENTS MADE BY THE CLIENT TO THE SERVICE  PROVIDER.  

3.4. THE CLIENT FURTHER AGREES NOT TO HOLD THE SERVICE  PROVIDER LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL  CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT THIS  AGREEMENT AND/OR THIS SERIVCE INCLUDING, BUT NOT  LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF  BUSINESS OR LOSS OF OPPORTUNITY RESULTING FROM THE  REJECTION OF THE CLIENT’S DOCUMENTATION AND/OR ANY  FAILURE OF THIS SERVICE.  

4. Data protection  

4.1. The Service Provider shall at all times, at no cost to Client:  

4.1.1. comply with any and all data protection laws and regulations in connection with the processing of personal data;  

4.1.2. only process personal data in accordance with the terms of this Agreement and Client’s written instructions;  

4.1.3. implement and maintain appropriate technical and organizational measures to protect personal data against accidental, unauthorized  or unlawful destruction, loss, alteration, disclosure or access;  

4.1.4. promptly provide such information, co-operation and assistance as  may be required in relation to the fulfillment of Client’s obligations  to, and requests from, data subjects’, supervisory authorities and/or  to ensure compliance with data protection laws and regulations; 

4.1.5. agree not to permit any processing of personal data by any third  party without Client’s prior written consent; 

5. Force Majeure  

5.1. The service provider shall be excused for non-performance of its obligation  under this Agreement if and to the extent that such performance is hindered or  prevented (directly or indirectly) by reason of any strike, lockout, labor  disturbance, government action, riot, armed conflict, accident, non-availability  or break down of normal means of transport, Act of terrorism, Act of God or  any other matter whatsoever beyond the reasonable control of either party.  Provided however that if the performance by a party is precluded or restrained  by an act of Force Majeure for more than one hundred and eighty (180) days,  either Party may terminate this Agreement upon giving written notice to the  other.  

6. Indemnity  

6.1. The Client agrees that in the event any information provided by the Client  is found to be infringing the rights of any third Party that the Client shall  indemnify the Service Provider in the event the Service Provider is found  liable for such infringement.  

7. Warranties and representations  

7.1. The Service Provider warrants that the Services shall be performed in a  professional manner in accordance with generally accepted industry  standards.  

8. Governing law and dispute resolution 

8.1. This Agreement shall be governed construed and enforced in accordance with  the laws of Sri Lanka. The Courts of Sri Lanka shall have jurisdiction over any  dispute arising from this Agreement.  

9. Termination  

This Agreement may be terminated;  

9.1. By mutual consent of the Parties.  

9.2. By either party, if the other defaults in the performance of any material  provision of this Agreement and such default is not remedied within a  period of thirty (30) days after receipt of the written notice thereof from  the first mentioned party.  

10. Post termination obligations 

10.1. Each Party shall deliver to the other Party all tangible forms of the other  Party’s materials which are deemed proprietary hereunder and all copies  thereof when the other Party requests the same or upon the termination  of this Agreement, whichever occurs earlier. Each Party agrees during  the term of this Agreement and thereafter that it shall take all steps  reasonably necessary to hold the other Party’s materials which are  deemed proprietary hereunder in trust and confidence and shall not  disclose or divulge such material without the prior written consent of the  other Party. If the disclosure of any such material is required by law, the  disclosing Party agrees that it shall use reasonable efforts to give the  other Party reasonable notice prior to disclosure so that the other Party  has an opportunity to obtain a protective order.  

11. Notices  

11.1. All notices, requests and consents under this Agreement shall be in  writing and shall be deemed to have been duly given if (a) personally  delivered, (b) sent by a reliable courier services, charges prepaid, or (c)  sent by email with the original sent within 24 hours by any of the  foregoing methods, to the following address (or such other address as  either Party may communicate in writing to the other from time to time),  as applicable:  

Attn.  

 The Managing Director  

 MY ONLINE (PRIVATE) LIMITED  

 247D, R.A. De Mel Mawatha, Colombo 3.  

 tax@lanka.tax  

 Tel: +94-7-1314-0000  

11.2. Notices delivered personally or by prepaid courier shall be deemed to  have been delivered on the date which receipt is acknowledged  

12. General  

12.1. Neither Party shall assign its rights or obligations under this Agreement  to a third party without the prior written consent of the other Party;  

12.2. The invalidity or unenforceability of any provision of this Agreement  shall not affect the validity or enforceability of any other provision of  this Agreement;  

12.3. No delay or failure by either Party in exercising any right under this  Agreement will operate as a waiver of that or any other right. A waiver  or consent given by either Party on one occasion is effective only in that  instance and will not be construed as a waiver of any other right or  remedy on any subsequent occasion; 

   12.4. This Agreement shall bind, inure to the benefit of, and be enforceable  by the successors and permitted assigns of the Parties.