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Marha Online - Terms of use

  1. Marha Online and You
    1. The terms "Marha Online", "MOL" and "Marha" are alternatives names that refer to the single entity, "Marha Online (Pvt) Ltd.", which is registered as a private limited company in Sri Lanka. Throughout this document, the entity "Marha Online (Pvt) Limited" may also be referred to as "we" or "us". The official (i.e., registered) business address of Marha Online is 32A Bhathiya Mawatha, Dehiwela 10350, Sri Lanka. However, Marha Online may have either its operational office(s) or its official operational head office at different locations and this will be notified via the website(s) of Marha Online.
    2. The terms "you" and "your" refer to you, the user and/or recipient of our Services.
    3. Your use of Marha Online's products, services, software and web sites (referred to collectively as the "Services" or "Products" in this document Marha Online) is subject to the terms of a legal agreement between you and Marha Online. This document is meant to provide a detailed explanation of this agreement, and it sets out some of the terms of that agreement.
    4. The term "Universal Terms" and "Universal Terms Of Service" both refer to this agreement which is common to all those who use the services of Marha Online. If any amendments, exclusions or exceptions are to be considered, a separate agreement between you and Marha Online will have to be created and implemented.
    5. In addition to this document, your agreement with Marha Online will also be subject to the laws applicable in your own country. These external regulations and/or terms will be referred to as the "Additional Terms". In situations where such terms become applicable or effective, they will be made available either within or via the service you are trying to obtain.
    6. Your use of the Services of Marha Online imply that you've read, understood and accepted all of the Universal Terms, together with the Additional Terms. In the event that Universal Terms contradict the Additional Terms in any way, the Additional Terms shall take precedence in relation to that Service.
  2. Language used to explain the terms
    1. Presently Marha Online only provides these Terms in English. It is therefore vital that you understand this document as a whole, in detail, even if it meant having it translated.
    2. In no way can the translated version(s) contradict this document. In the event that such contradictions are encountered, only this English version will be considered for any legal or other issue.
  3. Accept the Terms
    1. You shall only use the Services of Marha Online on condition that you accept all of the Universal Terms AND additional Terms that have been explained here, and in the other respective documents.
    2. You may not use the Services and may not accept the Terms if,
      1. you are not of legal age to form a binding contract with Marha Online, or
      2. you are a person barred or restricted from receiving the Services under the laws of your country of residence, Sri Lanka or the United States of America; or
      3. The laws of your country of residence does not accept or allow the Service(s) you are attempting to use.
    3. Your acceptance of the terms is indicated by you either,
      1. clicking an element on the user interface of a Service offered by Marha Online; or
      2. Actually using the Services. In this case, the very use of the service implies that you understand and agree to the terms
  4. Provision of Services by Marha Online
    1. As and when required, Marha Online may use the services of its affiliate organisations to provide the Services to you. You acknowledge and agree that these organisations are entitled to provide the Services to you. You shall be notified by Marha Online about such organisations and the Services they provide.
    2. Marha Online has a host of products and services. We may discontinue any of our products and services at our discretion. In the event of such termination, whatever agreement enforced will cease to be valid, based on the specific agreement. You may stop using the products and services at any time, without prior notice to Marha Online. However, we'd appreciate formal discontinuation if it occurs.
    3. In an attempt to provide a better Service, Marha Online constantly updates and upgrades its Services. You acknowledge and agree that such changes to Services will take effect without prior notice to, or permission from you.
    4. You acknowledge and agree that if Marha Online disables access to your account(s), you may be prevented from accessing the Services and related information, including graphics, files, code, etc.
  5. Use of the Services by you
    1. Certain Services may require you to submit personal, business and other information as part of a registration process or as part of using the Services. You agree to always provide correct, accurate and up to date details when requested.
    2. You agree Not to use the Services using any automated system such as web-crawlers. Please verify with Marha Online if in doubt.
    3. Every service has its stipulated purpose. You agree to use the Services only for purposes permitted as described in,
      1. the Terms and
      2. any applicable law and/or regulation
      3. licenses, if available.
    4. You shall not carry out any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    5. You agree that you are solely responsible for any breach of your obligations under the Terms, and for the consequences, including any loss or damage to Marha Online.
    6. Unless you have been specifically permitted to do so in a separate agreement with Marha Online, you shall not reproduce, copy/duplicate, sell or barter the Services for any purpose.
  6. Warranty Track - The Product
    1. Warranty Track is an open source project developed by Marha Online.
    2. Warranty Track and WTrack are registered trade names used for the labeling of the product.
    3. The Warranty Track software is hosted on the website at www.warrantytrack.org
    4. WarrantyTrack is available as:
      1. a licensed open sourced software by GPL V3 , provided for free
      2. Corporate License -If the Application Program however is required to function for a business, the corporate version must be purchased. The purchase of the corporate version which is inclusive of the setup package.
    5. The Application Program (Source Code) will only be distributed for free as the Community Version.
    6. The software is undergoing constant development and new releases are released over periods of time.
    7. We do accept requests for application customization for a charge negotiated with you based on the requirements specification.
    8. You are not permitted to resell the application to third parties
  7. Warranty Track - Services
    1. We do not provide any service for free. However we have well-constructed service plans to suite your requirements.
    2. Our methods of communication range between
      1. VOIP Call
      2. Email
      3. Remote desktop and server connections
      4. and, if within the vicinity, we may visit your place
    3. A purchase of our service plan, gives us right to request information if needed to in order to help and assist with problem specified required for support and troubleshooting.
    4. Our Support plan categories provide services in the following manner:
      Support and Troubleshooting Category What it covers
      Basic Dealing with WTrack related problems on -Application Software
      Standard Dealing with WTrack related problems on -Application Software -Server OS -Web Server
      Extended Dealing with WTrack related problems on -Application Software -Server OS -Web Server -Database
    5. Support and Troubleshooting category selected will depend on exact requirement.
    6. Remote support and remote testing can only be carried out provided you have workstations that are in working condition with a broadband connection of atleast 512Kbps.
    7. You will be billed for every extra hour at the rate of $10.
    8. Our support and troubleshooting services do not cover any issues that are not solely about the WarrantyTrack software, Server OS or Web Server features and the database that are used to run the WarrantyTrack system.
    9. On-site support can only be carried out in person if you are within reach of the company geographically.
      1. If you are within 7km of Marha Online’s office based in Dehiwala, Sri Lanka, we may visit you.
      2. Beyond the afore mentioned distance, the customer is required to bear the cost of travelling.
      3. If off shore visits are required, the customer will have to bear the cost of travelling and accommodation.
    10. If you however require further support and troubleshooting services outside the scope we have offered, we may consider on request and a rate negotiated with you will be charged.
  8. Warranty Track - Training
    1. Training can only be carried out in person if you are within reach of the company geographically.
      1. If you are within 7km of Marha Online’s office based in Dehiwala, Sri Lanka, we may visit you.
      2. Beyond the afore mentioned distance, the customer is required to bear the cost of travelling.
      3. If off shore training is required, the customer will have to bear the cost of travelling and accommodation.
    2. In the case of long distance, our training is also carried out online via Virtual Classroom. Virtual Classroom requires ideally at least version XP on Windows or compatible OS.
    3. In order to participate in Virtual Classroom training sessions, sufficient broadband must be available. Recommended to at least have a connection of 512Kbps.
    4. A good benchmark to see if you have sufficient bandwidth is to see if you can carry out a skype voice call on good quality. If so, you have sufficient bandwidth.
    5. Virtual classroom is not voice only; it includes whiteboard display and screen sharing, just like a real classroom.
    6. Training session lasts for a maximum of 3 hours.
    7. The user manual will be provided in Portable Document Format (PDF) for best viewing quality.
  9. Warranty Track - Payment
    1. Please do not carry out payment until we have agreed on the best solution for you.
    2. Service commences the moment payments are realized.
    3. A subscription plan can only be cancelled at the end of a subscription before the next payment.
    4. There will be no refunds under any circumstance.
    5. All payments carried out will be handled online via payment gateway over a highly secured channel to protect your investment with us.
    6. All payments are only accepted via
      1. -Secure Payment Gateway ( Credit Card, Debit Card, PayPal)
      2. -Bank wire transfer
    7. We do not entertain or accept payments over Western Union or Money Grams and we also not responsible for any payments made through Western Union or Money Grams.
  10. Your passwords and account security
    1. In the event you discover or suspect misuse of your account or password(s), it is your duty to inform Marha Online describing the situation, either by phone, email or using the online contact page.
    2. You agree and understand that you are responsible for maintaining the confidentiality of user names and passwords associated with any account relating to any Service.
    3. Marha Online or its affiliates will never ask you for your password under any circumstance. So you are required NOT to disclose it to anyone.
    4. You agree that you are solely responsible to Marha Online for all activities that occur under your account, regardless of whether you carry them out yourself or by a representative assigned by you.
  11. Content in the Services
    1. The term "content" refers to any or all of the following information.
      Written text, images, drawings, data files, computer software (programs), music, audio files, databases or their elements (like tables), sounds, photographs or videos which you may have access to as part of, or through your use of, the Services.
    2. You are responsible to ensure that these contents are legally obtained, comply with copyright regulations and are acknowledged where appropriate.
    3. You shall not misuse any content or encourage the misuse of it in anyway.
    4. Marha Online has the right to remove or edit any content or request that it be done without the need to give any reason to you. This includes, but is not limited to obscene material, pornographic documents, etc.
    5. Content submitted by you will always continue to be your own property and Marha Online shall not take any share in it, not claim ownership of it.
    6. You agree that you are responsible for any Content that you create, transmit or present while using the Services. You also agree that you shall face the consequences of your actions, including, but not limited to the loss or damage to properties of Marha Online as a result of what you do.
  12. License from Marha Online
    1. WarrantyTrack is offered under the GPL. If you are in doubt, please visit the "FAQs" or the "About Us" pages for a full description of the GNU Public License.
    2. As a licensed user, Marha Online has allowed only you (an organisation or individual) to use this system. This right to use the system is non-transferable. Thus every entity wanting access to a licensed version must obtain it directly from Marha Online.
    3. Marha Online has the right to revoke the license if they suspect or discover misuse on your part.
    4. The licensing requirements for different products and services may differ and you are required to comply with these requirements.
  13. Ownership, Intellectual prperty and Proprietary rights
    1. You acknowledge and agree that Marha Online (or its licensors ) own all legal right, title and interest in and to the Services, including any intellectual property rights where appropriate. You cannot claim rights over these unless you supersede them where you are the licensor.
    2. Unless you have agreed otherwise in writing with Marha Online, you shall not use Marha Online's trade names, trade marks, logos, domain names, and other distinctive brand features. This restriction includes, but is not limited to printed documents, web or other online documents, presentation material (whether printed or otherwise), software and services offered by you or anyone else other than Marha Online.
  14. Ending your relationship with Marha Online
    1. The Terms will continue to apply until terminated by either you or Marha Online. The rules for termination of these Terms are outlined below.
    2. You may terminate your legal agreement with Marha Online, by observing the following steps.
      1. Notify Marha Online at any time using a written and signed document. If there's a web interface for this purpose, you may use it instead of a written document.
      2. Close your account(s) for all Services which you use, where Marha Online has made this option available to you.
    3. Marha Online may at any time, terminate its legal agreement with you if:
      1. you have breached any provision of the Terms; or
      2. Marha Online is required to do so by law; or
      3. The affiliate with whom Marha Online offered the Services to you has terminated its relationship with Marha Online or ceased to offer the Services; or
      4. Marha Online is considering stopping the Services to your country; or
      5. Marha Online decides that the Service is no longer feasible.
  15. Exclusion of Warranties and limitation of liabilities
    1. Although Marha Online strives to ensure a smooth Service at all possible times, it does not warrant nor does it guarantee the merchantability of its Services 100%. Practically, this is not possible and therefore Marha Online shall not be held liable in any way for the loss or damage caused to you, your properties, your name and fame, whether they occur directly as a use of the Services, indirectly, or incidentally.
    2. Marha Online does not warrant that the Services provided will meet your requirements.
    3. You clearly understand that the Services are provided to you "as is" and that you use the Services at your own risk.
    4. Marha Online is not responsible for the loss or damage to your your data or your properties, resulting from misuse, accidental or deliberate damage, acts of God, natural disaster or system failures.

28 May 2011

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