These Mysimplethings.lk Merchent Center Terms of Service (“Terms”) are entered into by ARG and Associates and/or My Simple Things.lk (“Mysimplethings.lk”) and the entity executing these Terms or that accepts these Terms electronically (“Merchant”). These Terms govern Merchant's use of the Mysimplethings.lk Merchant Center, including related services, features and functionality (“Services”) (i) that are accessible through the account(s) given to Merchant in connection with these Terms (“Accounts”) or (ii) that incorporate these Terms by reference (collectively, “MSTMC”).
Merchant may submit data, feeds or other content (“Content”) to MSTMC using various means, including through Mysimplethings.lk APIs. Merchant agrees to submit Content in a manner that complies with any instructions or specifications made available to Merchant by Mysimplethings.lk. Mysimplethings.lk may make available functionality that permits Merchant to export, link or transfer Content from MSTMC to, or otherwise use Content from MSTMC with, another Mysimplethings.lk service. In that case, the terms and conditions of such other Mysimplethings.lk service will apply with respect to Merchant's use of such service, provided that Merchant’s use of MSTMC will continue to be governed by these Terms. If Merchant chooses to use certain optional MSTMC Services, then Merchant may be required to agree to separate terms that are specific to those Services. Some MSTMC Services are identified as “Beta” or as otherwise unsupported or confidential (“Beta Features”). Merchant may not disclose any information from or about Beta Features or the terms or existence of any non-public Beta Features. Mysimplethings.lk or its Affiliates may suspend, modify or discontinue Services, including Beta Features, at any time. For purposes of these Terms, “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Mysimplethings.lk from time to time.
Merchant's use of MSTMC is subject to creation and approval by Mysimplethings.lk of one or more Account(s). In order to verify Accounts, and from time-to-time in connection with Merchant’s use of MSTMC, Mysimplethings.lk may require additional information, including legal entity name, phone number, address and relevant domains. Merchant is responsible for its use of MSTMC, including all access to and use of Accounts, Content submitted to MSTMC through Accounts and safeguarding of Account usernames and passwords.
Merchant’s use of MSTMC is subject to (i) the applicable Mysimplethings.lk policies available at https://support.Mysimplethings.lk.com/merchants/ and all other policies made available by Mysimplethings.lk to Merchant, as may be modified by Mysimplethings.lk from time to time (collectively, “Policies”), (ii) these Terms and (iii) Merchant’s compliance with applicable law(s).
In connection with MSTMC, (i) Mysimplethings.lk will comply with the Mysimplethings.lk Privacy Policy available at Mysimplethings.lk.com/policies/privacy (as modified from time to time) and (ii) to the extent applicable, Mysimplethings.lk and Merchant agree to the Mysimplethings.lk Controller-Controller Data Protection Terms at https://privacy.Mysimplethings.lk.com/businesses/gdprcontrollerterms/ (“Data Protection Terms”). Mysimplethings.lk will not modify the Data Protection Terms, except as expressly permitted under the Data Protection Terms.
Merchant hereby grants to Mysimplethings.lk an irrevocable, worldwide, royalty-free license to use Content (to the extent protected by intellectual property rights) in connection with Mysimplethings.lk’s or its Affiliates’ products and services for the maximum duration of such intellectual property rights under applicable law. Merchant agrees that Mysimplethings.lk may sublicense these rights to its Affiliates and contractors performing services for Mysimplethings.lk or its Affiliates and to Mysimplethings.lk’s and its Affiliates’ users so they can use such Content in connection with using Mysimplethings.lk’s or its Affiliates’ products and services.
If Content submitted by Merchant contains URLs or similar content, Merchant hereby grants to Mysimplethings.lk the right to, access, index, cache or crawl the URL(s) and the content available through such URL(s) (“Destinations”). For example, Mysimplethings.lk may utilize an automated software program to retrieve and analyze websites associated with such URLs. Merchant agrees that any content collected by Mysimplethings.lk from Destinations will be considered Content and treated as such in accordance with these Terms.
By using MSTMC, Merchant authorizes Mysimplethings.lk to use any trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Mysimplethings.lk's authorized use of Content.
Merchant authorizes Mysimplethings.lk and its Affiliates to (a) periodically conduct tests that may affect Merchant’s use of Services (including as relates to Destinations, quality, ranking, performance, formatting or other adjustments) without notice to Merchant, and (b) automate retrieval and analysis of, and create test credentials to access, Destinations.
Merchant represents and warrants that (a) Merchant has full power and authority to enter into these Terms, (b) Merchant holds, and will maintain, the rights to grant the licenses and permissions set forth in Section 4, (c) Merchant will not provide any Content that violates Policies, applicable law or any applicable privacy policies, or infringes any third party intellectual property rights, (d) Merchant has all necessary rights and consents to make available to Mysimplethings.lk any information collected from or about an individual that is subject to protection under applicable data privacy or data protection laws or regulations and (e) information and authorizations provided by Merchant (including all necessary product-related disclosures required to display Merchant offers) are and will remain complete, correct and current.
To the fullest extent permitted by law, and subject to section 7(c) below: (a) mysimplethings.lk and its affiliates disclaim all warranties, whether implied, statutory or otherwise, including for non-infringement, satisfactory quality, merchantability or fitness for any purpose, as well as any warranties arising out of any course of dealing or usage of trade; and (b) mstmc and its related services are provided “as is,” “as available” and “with all faults,” and merchant uses them at its own risk. Mysimplethings.lk and its affiliates do not make any guarantees in connection with mstmc or its related services, or in connection with any results therefrom. Mysimplethings.lk and its affiliates make no promise to inform merchant of defects or errors. (c) certain laws of the jurisdiction in which merchant resides may confer rights and remedies and imply terms into these terms that cannot be excluded. Those rights, remedies and implied terms are not excluded by these terms. To the extent that the relevant laws permit mysimplethings.lk to limit their operation, mysimplethings.lk’s liability under those laws will be limited to, at its option, the supply of the services again or payment of the cost of having those services supplied again.
To the fullest extent permitted by law regardless of theory or type of claim, (a) mysimplethings.lk and its affiliates will not be held liable under these terms or arising out of or related to performance of these terms for any damages other than direct damages, even if mysimplethings.lk or one of its affiliates is aware or should know that such other types of damages are possible and even if direct damages do not satisfy a remedy; and (b) mysimplethings.lk and its affiliates will not be held liable for damages under these terms or arising out of or related to performance of these terms for any given event or series of connected events in the aggregate of more than LKR 50,000.00.
To the extent allowed by applicable law, Merchant will defend and indemnify Mysimplethings.lk, its Affiliates, agents and licensors against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any third-party legal proceeding to the extent arising out of or related to Merchant’s Content, Destinations, use of MSTMC, its related Services or any breach of these Terms by Merchant.
Mysimplethings.lk reserves the right to restrict, suspend or terminate (in whole or in part) Merchant’s access to, or use of, MSTMC, the Services or the Account(s) if (a) Merchant breaches these Terms, any Policies or applicable law(s), (b) Mysimplethings.lk is required to do so to comply with a legal requirement or a court order or (c) Merchant’s conduct causes harm or liability to a third party or Mysimplethings.lk. If Merchant believes its access to MSTMC, the Services or the Account(s) has been restricted, suspended or terminated in error, please refer to the appeal process in the Policies. Merchant may terminate these Terms at any time by closing its Account(s) and ceasing to use MSTMC.
Mysimplethings.lk may make non-material changes to these Terms at any time without notice, but Mysimplethings.lk will provide advance notice of any material changes to these Terms. Changes to the Terms will not apply retroactively and will become effective 15 days after posting on this page. However, changes made for legal reasons or in urgent situations (such as preventing ongoing abuse) will be effective immediately upon notice.
All claims arising out of or relating to these Terms or MSTMC will be governed by Sri Lankan law, excluding Sri Lanka’s conflict of laws rules, and will be litigated exclusively in the commercial courts of Colombo Sri Lanka ; the parties consent to personal jurisdiction in those courts. If Merchant is based in an applicable jurisdiction, Merchant may also apply to resolve a dispute with Mysimplethings.lk arising in relation to these Terms or MSTMC through mediation. Merchant can find more details about the mediators Mysimplethings.lk is willing to engage with and instructions on how to request mediation here. Except as required by applicable law, mediation is voluntary and neither Merchant nor Mysimplethings.lk is obliged to settle disputes through mediation.
If these Terms are translated into any other language, to the fullest extent permitted by applicable law, such translation exists for reference purposes only, and the English text will take precedence in the event of a conflict.
(a) These Terms are the parties’ entire agreement relating to their subject matter and supersede any prior or contemporaneous agreements on those subjects.
(b) Merchant may not make any public statement regarding the relationship contemplated by these Terms (except when required by law).
(c) Except for modifications to the Terms by Mysimplethings.lk under Section 11, any amendment to these Terms must be agreed to by both parties and must expressly state that it is amending these Terms.
(d) All notices of termination or breach must be in writing and addressed to the other party’s Legal Department (or if it is not known if the other party has a Legal Department then to the other party's primary contact or other address on file). Emails are written notices. The email address for notices being sent to Mysimplethings.lk’s Legal Department is legal-notices@Mysimplethings.lk.com. All other notices to Merchant will be in writing and sent to an email address associated with Merchant’s account. All other notices to Mysimplethings.lk will be in writing and addressed to Merchant’s primary contact at Mysimplethings.lk or other method made available by Mysimplethings.lk. Notice will be treated as given on receipt, as confirmed by written or electronic means. These notice requirements do not apply to legal service of process, which is instead governed by applicable law.
(e) Neither party will be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under these Terms.
(f) If any provision of these Terms is found unenforceable, that provision will be severed and the balance of the Terms will remain in full force and effect.
(g) Neither party may assign any of its rights or obligations under these Terms without the written consent of the other party, except to an affiliate but only where
(h) There are no third-party beneficiaries to these Terms.
(i) These Terms do not create any agency, partnership, joint venture or employment relationship among the parties.
(j) Sections 1, 4, 6-9 and 12-14 will survive expiration or termination of these Terms.
(k) No party or its Affiliates are liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
The following Vendor / Merchant / Seller Terms and Conditions Agreement (the "Agreement") applies to all vendors / merchants / seller (the "Vendor") who wish to use the online sales platform (the "Platform") operated by ARG & Associates and or simplethings.lk (the "Company") to sell their products or services to customers worldwide. This Agreement sets out the rights and obligations of the Vendor and the Company in relation to the use of the Platform, and is binding upon acceptance by the Vendor/merchant.
1.1 In order to use the Platform, the Vendor must create an account with the Company (the "Vendor Account").
1.2 The Vendor must provide accurate and complete information when creating the Vendor Account.
1.3 The Vendor is responsible for maintaining the confidentiality of their Vendor Account login details and must not share their login details with any third party.
1.4 The Vendor must immediately notify the Company if they become aware of any unauthorized use of their Vendor Account or any other breach of security.
2.1 The Vendor is responsible for creating and maintaining accurate and complete product listings on the Platform.
2.2 The Vendor must ensure that all products listed on the Platform comply with all applicable laws and regulations, including, but not limited to, those relating to product safety and labeling.
2.3 The Vendor must ensure that all product listings are accurate, truthful, and not misleading in any way.
2.4 The Company reserves the right to review and approve all product listings before they are made available on the Platform.
3.1 The Vendor is responsible for fulfilling all orders placed by customers through the Platform.
3.2 The Vendor must ensure that all products are shipped to customers within the specified timeframe and in accordance with the shipping method selected by the customer.
3.3 The Vendor must provide customers with accurate and complete information about shipping times, tracking information, and any other relevant details.
3.4 The Vendor is responsible for all shipping and handling fees associated with the products they sell on the Platform.
The Vendor must provide customers with a return policy and have it clearly stated in the provided field of description of individualized return policies for all items/ goods sold on the platform.
If a customer (s) needs to return a product (s) purchased from a vendor (s) on the Platform, the vendor (s) will be contacted directly by the customer to initiate the return process. The vendor's contact information should be on the vendor (s)’s order confirmation and on the vendor storefront page.
Each vendor may have their own return policy, but we recommend that vendor (s) follow these general guidelines:
Please note that some products may be ineligible for returns or refunds, such as custom-made products or products with hygiene concerns.
If you have any questions about a vendor's return policy or need assistance with a return, please contact Simplethins.lk or ARG&Associates. If you are unable to reach the customer or have unresolved issues, please contact our vendor support team at simplethings.lk and we will do our best to assist you.
5.1 The Vendor agrees to pay the Company a commission on all sales made through the Platform.
5.2 The commission rate will be set by the Company and may vary depending on the product category, sales volume, or other factors.
5.3 The Vendor will receive payment for their sales, less any applicable commission fees, on a regular basis as determined by the Company. (See vendor payment terms & conditions)
5.4 The Vendor is responsible for paying any taxes, duties, or other fees associated with the products they sell on the Platform.
6.1 The Vendor is responsible for ensuring that they have all necessary rights to use and sell the products listed on the Platform.
6.2 The Vendor must not infringe on any third-party intellectual property rights, including trademarks, copyrights, or patents.
6.3 The Vendor grants the Company a non-exclusive, royalty-free, worldwide license to use, display, and reproduce the Vendor's product listings on the Platform.
7.1 The Vendor agrees to indemnify and hold the Company harmless from any and all claims, damages, expenses, or liabilities arising from the Vendor's use of the Platform or the sale of their products on the Platform.
7.2 The Company agrees to indemnify and hold the Vendor harmless from any and all claims, damages, expenses, or liabilities arising from the Company's breach of this Agreement.
8.1 The vendor may terminate this Agreement at any time for any reason upon written notice to the company and after the delisting and removal of the vendors shop space and products form the platform. The vendor will be liable and bound to supply to all customers that have purchased products up to the point of delisting of the vendor’s platform and execute all agreed upon delivery arrangements of the customers.
8.2 The Company may immediately suspend or terminate the Vendor's access to the Platform if the Vendor breaches this Agreement or engages in any activity that the.
This Payment Policy Agreement (the "Agreement") is between the online multi vendor/merchant /seller, sales platform “simplethings.lk” (the "Platform") and the vendors / merchants / sellers (the "Vendors") and or (“the Merchants”) who sell goods and products (the "Products") on the Platform. The Platform is developed and managed in Sri Lanka and collects sales of the Products sold by the Vendors via a third-party payment gateway (the "Payment Gateway").
a) The Payment Gateway will credit the Platform's designated bank account within three to five working days for all sales of the Products made by the Vendors on the Platform.
b) The Platform will tally each Vendor's sales against the Payment Gateway's credits to the Platform's designated bank account once every seven working days.
c) The Platform will make payment to the Vendors via bank transfer to the Vendors' authorized and designated bank accounts as and when applicable.
d) The Payment Gateway will retain a commission on each transaction, which will be deducted from the sales price of the Products.
a) The Vendors agree to indemnify the Platform against all possible allegations, accusations, charges, legal implications, and claims brought against the Platform by the Vendors or any other related parties.
b) The Vendors agree to hold the Platform harmless and indemnify the Platform from any liability arising from the Vendors' use of the Platform, including any breach of this Agreement or any other agreement or policy in other areas of the Platform.
a) This Agreement will be in force from the time the Vendors agree to this Agreement until two years after they have left the Platform, either by their own will or forcibly removed by the Platform management due to the breach of this Agreement or any other agreement or policy in other areas of the Platform.
a) The Platform reserves the right to modify this Agreement at any time. Any changes made will be communicated to the Vendors via the Platform's website or other means.
b) The Platform may terminate this Agreement at any time, with or without notice, if the Vendor breaches any provision of this Agreement or any other agreement or policy in other areas of the Platform.
c) This Agreement shall be governed by the laws of Sri Lanka, and any disputes arising from this Agreement shall be settled by arbitration in accordance with the Arbitration Act of Sri Lanka.
By agreeing to this Payment Policy Agreement, the Vendors acknowledge that they have read, understood, and agree to comply with the terms and conditions set forth herein.
