These Terms and Conditions constitute a legally binding agreement (the “Agreement”) between You (the “User” or “You” or “Your” or “Customer”) and Asset Capital Venture (Pvt) Ltd, a company registered under the Companies Act No. 7 of 2007 bearing registration no PV 89542 and having its registered office at No.24, 1/1, Sir Earnest De Silva Mawatha, Colombo 3 , Sri Lanka and its parents, subsidiaries, representatives, affiliates, (collectively, “patpat.lk”, “patpat,” “patpatMall” “we,” “us” or “our”) governing your access and/or use of the patpatMall platform , the patpat.lk website, the technology platform on which patpatl.lk is hosted and the goods and services provided through the Platform (collectively, the “patpatMall Platform”).

By clicking “I Accept” and/or by using and/or accessing the patpatMall Platform, You expressly acknowledge that You have consented to the terms and conditions contained in this Agreement and have accepted all its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PATPATMALL PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE PATPATMALL PLATFORM.

01. THE PATPATMALL PLATFORM

The patpatMall Platform is a is a sub category and/or a feature of the patpat.lk Platform and provides a virtual marketplace where, among other things, a customer or a purchaser (“Customer/s”) who seeks to purchase goods and services (“Goods”) through the patpatMall Platform by delivery can be matched with providers who possess Goods and are willing to provide various options for the supply the said Goods (“Vendor”) to Customer/s. The Customer/s may browse the patpatMall Platform and select Goods that they wish to purchase from respective Vendors listed in the patpatMall Platform (“Order”). If the Vendor accepts the Order, the patpatMall Platform shall share the need for delivery of the said Order with a Delivery Partner who is willing and able to provide delivery services (“Delivery Partner”) based on location, availability and other preferences (“Delivery Services”)

As a Customer, You authorize patpat to match You with Delivery Partners based on various factors such as your location for delivery, the requested pickup location of the Goods, the estimated time to pick up, User preferences, platform efficiency etc. You understand, acknowledge and agree that patpat is only a facilitator of the Supply of Goods and accordingly that patpat has no control over the Orders placed or Delivery Services and therefore will bear no liability or responsibility in respect of any decisions, made and/or acts and/or omissions by a Vendor and/or Delivery Partner.

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PATPAT ONLY FACILITATES SERVICES FOR SUPPLY OF GOODS VIA THE PATPATMALL PLATFORM, AND THAT PATPATMALL DOES NOT (A) PROVIDE GOODS AND/OR DELIVERY SERVICES AND/OR (B) FUNCTION AS AN INDEPENDENT GOODS SUPPLIER/CARRIER AND/OR (C) AS AN AGENT/ PRINCIPAL/ EMPLOYER/ EMPLOYEE OF ANY PARTY FOR THE SUPPLY OR DELIVERY OF GOODS INCLUDING ANY DELIVERY PARTNER OR VENDORS.

02. ELIGIBILITY & USE

The patpat tMall Platform may only be accessed and/or used by You, if You have, a) agreed to the patpat.lk Terms and Conditions (“patpat.lk Terms”), b) have successfully created a User Account on the patpat.lk Platform and c) consented to the terms and conditions of this Agreement. By clicking “I Accept” You warrant and confirm that You are fully able and competent to comply with and satisfy the terms, conditions, and obligations set out in the patpat.lk Terms as well as the terms and conditions of this Agreement (collectively referred to as “patpat Terms”). The access and/or use and/or continued use of the patpat.lk Platform and/or the patpatMall Platform by You will be deemed to be implied consent to the terms and conditions contained in patpat Terms.

The patpatMall Platform is not available to Users who have not consented to the patpat Terms and/or who have had their User Account temporarily or permanently deactivated.

To access and/or use the patpatMall Platform You must have a User Account in the patpat.lk Platform. The patpatMall Platform is a sub category and/or a feature of patpat.lk Platform. At the time of creating the User Account You shall have agreed and consented to be bound by patpat.lk Terms which is considered as a precondition to be eligible to access and/or use the patpatMall Platform (“User Account” means an account which is assigned to a specific person after such person has duly signed up for the patpat.lk Platform by agreeing to patpat.lk Terms, having provided the relevant details including Full Name, Address, Mobile Number, Email Address and National ID or Passport Number etc) and hacing completing the relevant fields. You shall assign an appropriate user name and password to Your User Account. You are solely responsible for the security of the User Account including the user name and password and/or operation of your User Account and confirm the accuracy of the details including but not limited to your name, address, mobile number, email address and payment information. You further agree and acknowledge that patpat shall not be liable in any way whatsoever for any loss or damage occurred by You resulting from any inaccuracy of the details provided or due to any unauthorized use or misuse of Your User Account by You or by any third party authorized by You.

You shall not allow other persons and/or any third party to access and/or use your User Account, and You agree that You are the sole authorized user of your User Account. One User shall only create one User Account, and patpat reserves the right to deactivate any additional or duplicate User Account/s. Your access to certain Goods on patpatMall platform may be subject to additional eligibility requirements as determined by patpat at its discretion and/or as necessary.

In the course of opening Your User Account and providing services to you under this Agreement, it will be necessary for Us to obtain and hold personal information that we will obtain from you in accordance with data protection and anti-money laundering legislation. You agree that We can rely on, hold and process personal information for the purpose of performing patpatMall Platform and obligations under this Agreement and for the purpose of improving those services. If You do not provide the information requested by Us or agree to Our information handling practices detailed in the Privacy Policy and this Agreement, We may not be able to provide Our services to You

03. THE CONTRACT

Placing an Order for Goods on the patpatMall Platform will be considered a legal offer to the Vendor to supply the said Goods displayed on the patpatMall Platform. Accordingly, the Vendor may accept or decline such legal offer. When You place an Order to purchase Goods, any confirmations or status updates received prior to the dispatch of your Order and/or the Goods, serves purely to validate the Order details provided and in no way implies the confirmation of the Order itself. The acceptance of the Goods by You is considered confirmed when the Order is dispatched to You. If Your Order is dispatched in more than one package, You may receive separate dispatch confirmations.

Once the Order has been placed through the patpatMall Platform, You will be given an approximate timeline informing the time it will take to process the Order made. However, patpat does not guarantee that this timeline will be precise in every instance as it may vary on third parties, the partnered Vendors, Delivery Partners as well as other considerations which are outside the control of patpat. patpat expressly waives any liability for the failure of the indicated timeline to be followed. However patpat will take reasonable steps within it's power/control, to ensure that the indicative timeline is followed.

You agree and acknowledge that all commercial/contractual terms are offered by and agreed to between You and the Vendor alone. It is up to the Vendor to decide whether or not to accept an Order request from any Customer through the patpatMall Platform which shall not be unreasonably withheld. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the Goods and after sales services related to Goods. You agree, understand and acknowledge that The patpatMall Platform and/or patpat does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the Vendors. You agree, understand and acknowledge that the Vendor may cancel any Order at its sole discretion prior to dispatch and that cancellation is beyond the control of patpat. You agree that in the event of such cancellation by the Vendor, you will only be entitled to recover any prepayments made by You, which prepayment will be refunded to You by the Vendor, within the time frames and subject to the terms and conditions contained in the Refund Policy which is deemed to be a part and parcel of this Agreement.

You by agreeing to these terms and conditions agree to the fact that all Goods purchased through the patpatMall Platform will be for Your own consumption or use and not for commercial use and/or re-sale. You authorize patpat to declare and provide declaration to any governmental authority on the Your behalf stating the aforesaid purpose for Your Orders on the patpatMall Platform. The Vendor or the patpatMall Platform may at their discretion cancel an Order when the quantities exceed the typical individual consumption. This may apply both to the number of Goods ordered within a single order and/or the placing of several orders for the same Goods where the individual orders comprise a quantity that exceeds typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Vendor and/or the patpatMall Platform and may vary from individual to individual.

You may cancel the Order at no cost any time before the item is ready for Pickup by the Delivery Partner from the Vendor.

04. PRICING AVAILABILITY AND PROCESSING OF ORDERS

All prices of Goods offered through the patpatMall platform are listed in Sri Lankan Rupees and are listed on the Platform by the Vendors supplying such Goods. Items in Your shopping cart will reflect the most recent price displayed on the respective Goods’ product information page. Please note that this price may differ from the price shown for the Goods’ when You first placed it in your cart. You agree and understand that the placing any Goods’ in Your cart does not reserve the price shown at that time. It is also possible that any Goods’ price may decrease or increase between the time You place it in your cart and the time You purchase it.

The patpatMall Platform aims to provide the most accurate pricing information on the patpatMall Platform for Customers however, errors may still occur, such as cases when the price of Goods is not displayed correctly on the Platform. As such, you understand, agree and acknowledge that the patpatMall Platform reserves the right to refuse or cancel any Order at any time. In the event that an item is wrongly priced, the patpatMall Platform may, at its own discretion, either contact You for instructions or cancel Your Order and notify You of such cancellation. patpat and/or Vendor shall have the right to refuse or cancel any such Orders whether or not the Order has been confirmed and a prepayment processed. If such a cancellation occurs on a prepaid Order, the policies terms and conditions set out in the Refund Policy will apply.

Availability of the Goods are shown on the Platform by the Vendor, including on each product information page and patpat does not take responsibility regarding such information. If during the processing of any Order the relevant Goods’ is/are no longer available You will be informed and the patpatMall Platform will request for Your instructions with regards to cancellation and/or refunds. The patpatMall Platform Refund Policy will apply in such an instance.

In an instance where an Order cannot be processed, the patpatMall Platform reserves the right to refuse or cancel any Order for any reason at any given time. During the Order processing period You may be asked to provide additional verification or information at the sole discretion of the patpatMall Platform which may include but not limited to phone numbers, addresses, identification numbers, credit/debit card details. In order to avoid any fraud with credit or debit cards, the Platform reserves the right to obtain Your validation of payment details before providing You with the Goods’ and to verify the personal information shared with the Platform. This verification which is only a right and not an obligation cast on patpat is subject to administrative, technical and other limitations and may take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry may automatically cause the cancellation of the Order within a reasonable timeline. The Platform and/or patpat reserves the right to proceed to direct cancellation of an Order for which the patpat suspects a risk of fraudulent use of banking instruments or other reasons without prior notice.

05. PROVISION OF SERVICES

Subject to the terms and conditions of this Agreement, patpat grants You a non-exclusive, non-transferable, non-sublicensable, non-assignable, limited license, during the term of this Agreement, to access and use the patpatMall Platform for the specific purpose of connecting and contracting with Vendors and Delivery Partners of the patpatMall Platform and tracking of the relevant Delivery Partner on the patpatMall Platform. All rights not expressly granted to You are reserved by patpat.

Any Update/s that modify, augment, or enhance the patpatMall Platform or which addresses an issue shall also be subject to this Agreement.

06. NO REPRESENTATIONS AND WARRANTIES

patpat and patpatMall Platform does not make any representation or warranty as to specifics including but not limited to quality, value, origin, description etc. of the Goods listed to be sold on the patpatMall Platform which are listed by Vendors who are independent third parties. patpat and patpatMall Platform does not implicitly or explicitly support or endorse the sale or purchase of any Goods on the patpatMall Platform. patpat and patpatMall Platform does not accept liability for any errors or omissions, whether on behalf of itself or on behalf of any third parties.

patpat is not responsible for any non-performance or breach of any contract entered into between You and a Vendor or a Delivery Partner. The patpat and patpatMall Platform cannot and does not guarantee any actions of those of the Vendors or Delivery Partners for the contracts entered with You in the patpatMall Platform. The patpatMall Platform is not required to mediate or resolve any dispute or disagreement arising from transactions occurring on the patpatMall Platform, but may at its sole and absolute discretion make best efforts to resolve such disputes.

You understand and agree that You may be required to enter into a separate contract(s) with Vendors or Delivery Partners on a case by case basis and as necessary. patpatMall Platform does not, at any point of time during any transaction as entered into by You with a Vendor or Delivery Partner on the Platform, gain title to or have any rights or claims over the Goods offered by a Vendor. Therefore, the Platform does not have any obligations or liabilities in respect of such contract(s) entered into between You and a Vendor(s) or a Delivery Partner(s). patpatMall Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Goods which are out of stock, unavailable or back ordered.

Pricing on any Good(s) or related information as reflected on the patpatMall Platform, may due to some technical issue, typographical error or other reason be incorrectly published and, in the event, it is accepted by You, You accept on the condition that the Vendor or the patpatMall Platform may cancel Your Order without prior notice and that no liability shall accrue against patpat as a result. Any prepayments made for such Orders may be refunded to You as per the Refund Policy.

07. FEE’S & PAYMENTS

You agree to settle all the payments due to Vendors for the supply of Goods or the Delivery Partners for Delivery Services as per the agreed upon terms and as shown in the patpatMall Platform (“Payment”). You agree not to defraud patpat or any of its registered Vendors or Delivery Partner.

You agree that delivery prices may not be included in the price of the Goods displayed on the patpatMall Platform and such charges for delivery may vary based on Your delivery location and/or product dimensions and weight.

If You fail to pay the above-mentioned Payment, patpat shall be entitled, at its sole and absolute discretion, to:

• (a) temporarily and/or permanently suspend Your User Account till all payments are made; and/or
• (b) terminate this Agreement and take necessary legal action to recover the outstanding payments from You.

08. RESTRICTED ACTIVITY

With respect to your access and use of the patpatMall Platform, You agree that You will not directly or indirectly:

• (a) impersonate any person or entity;
• (b) stalk, threaten, intimidate or harass any person in any way or manner, or carry weapons of any type or nature;
• (c) violate any law, statute, rule, permit, ordinance or regulation;
• (d) interfere with or disrupt the patpatMall Platform or the servers or networks connected to the patpatMall Platform;
• (e) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the patpatMall Platform or its contents;
• (f) transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
• (g) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
• (h) cause loss or damage to patpat and/or the Vendor/s and/or Delivery Partner/s and/or any third party
• (i) cause any third party to engage in the restricted activities above.

09. DISCLAIMERS

The following disclaimers are made on behalf of patpat. Our affiliates, subsidiaries, parents, successors and assigns, and each of Our respective officers, directors, employees, agents, and shareholders. patpat does not provide Services for Supply of Goods, and patpat is not a transportation carrier. patpat is not a common carrier or public carrier for Goods. patpat is not an agent of the Delivery Partner or the Vendor or You. It is up to the Vendor and Delivery Partner to decide whether or not to accept a request from You through the patpatMall Platform. We cannot ensure that a Delivery Partner will complete an arranged Goods Delivery Service as We only act as a third-party facilitator and not as an agent of the Delivery Partner. We have no control over the quality or safety of the transportation of the Goods that occurs in the course of the supply of Goods. patpat takes no title to any Goods that are requested for delivery.

patpat may, at its sole and absolute discretion, deliver Orders to multiple Customers as part of the same trip (“Batched Trips”). Batched Trips may include multiple Orders from You, or one or more Orders from You combined with one or more Orders from other Customers using the patpatMall Platform.

patpat provides, and You accept, the patpatMall Platform and other ancillary services (if any) on an "as is" and "as available" basis. patpat neither, warrants or guarantees that Your access to or use thereto:

(a) will be uninterrupted or error free; or

(b) will result in any requests for supply of Goods from You.

The patpatMall Platform functions as facilitator and mere provider of a virtual marketplace for the purchase and delivery of Goods only. Accordingly, patpat makes no representations, warranties or guarantees as to the actions or inactions of those who may supply Goods or deliver Goods, and patpat is not obliged to screen or otherwise evaluate such Vendors or Delivery Partners.

patpat does not guarantee the availability or uptime of the patpatMall Platform. You acknowledge and agree that the patpatMall Platform may be unavailable at any time, for any period of time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the patpatMall Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and patpat is not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

We do not warrant that Your use of the patpatMall Platform or supply of Goods or delivery of Goods will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the patpatMall Platform will be corrected, or that the patpatMall Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the patpatMall Platform or Goods offered.

We cannot guarantee that each Vendor or Delivery Partner is who he or she claims to be. Please use common sense when using the patpatMall Platform and Goods offered, including reasonable steps to assess the quality of the Goods offered by a Vendor through the reviews of such items.

patpat is not responsible for the conduct, whether online or offline, of any registered party of the patpatMall

Platform. We do not procure insurance for, nor are We responsible for, any damage caused to You, whether by Vendors, Delivery Partners or otherwise. By using the patpatMall Platform, You agree to accept such risks and agree that patpat is not responsible for the acts or omissions of parties on the patpatMall Platform and/or parties who participate in the services for supply of Goods or delivery of Goods.

You are responsible for the use of your User account and security thereof including the protection of Your password and user name and patpat expressly disclaims any liability arising from the unauthorized use of or misuse of Your User account. Should You suspect that any unauthorized party may be using your User account or You suspect any other breach of security, You agree to notify Us immediately.

It is possible for others to obtain information about You that You at your discretion provide, publish or post to or through the patpatMall Platform (including any profile information You provide), send to other Users, or share during the services for supply of Goods or delivery of goods, and to use such information to harass or harm You. We are not responsible for the use of any personal information that You disclose to other parties on the patpatMall Platform or through the services for supply of Goods or delivery of Goods. Please carefully select the type of information that You post on the patpatMall Platform or through the services for supply of Goods or delivery of Goods or release to others as the said information may be shared/disclosed to third parties. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or access by “hackers”).

Opinions, advice, statements, offers, or other information or content concerning patpat or made available through the patpatMall Platform, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible and thus bear sole liability for such content.

Under no circumstances will We be responsible for any loss or damage resulting/arising from such information or the publication thereof of Your reliance on information or other content posted by third parties, whether on the patpatMall Platform or otherwise.

Location data provided by the patpatMall Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither patpat, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the patpatMall Platform. Any of Your Information, including geolocational data, You upload, provide, or post on the patpatMall Platform may be accessible to patpat and certain users of the patpatMall Platform.

10. RELATIONSHIP OF THE PARTIES

Except as otherwise expressly provided herein with respect to patpat acting as a supply of Goods Facilitator the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree and understand that:

(a) this Agreement is not an agency agreement, nor does it create an agent relationship, between patpat and You, the Vendor or the Delivery Partner

(b) no joint venture, partnership, relationship exists between any of the parties interacting through the Platform.

Consequent to patpat acting as Facilitator who merely provides a virtual marketplace, You agree that when You purchase the Goods offered by a Vendor or when You take delivery of the goods from the Delivery Partner, the said Goods are provided or delivered upon a distinct and separate contract/agreement formed between the Vendor and/or the Delivery Partner and You. You agree, understand and acknowledge patpat is not a party to such contract/agreement, and You specifically agree, undertake and understand that patpat is not a party to such contract/agreement and has no responsibility, control or liability whatsoever in respect of the same.

11. PROPRIETARY RIGHTS

The patpatMall Platform and data accruing therefrom, including all intellectual property rights shall, at all times remain and continue to remain the exclusive property of patpat or of their respective owners. These rights include but not limited to database rights, source code, software, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the patpatMall Platform are the property of their respective owners.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by You to Us are non-confidential and shall become the sole property of patpat.

patpat shall own exclusive rights, including all intellectual property rights in such Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

patpatMall and other patpat logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of patpat in the Democratic Socialist Republic of Sri Lanka and/or other countries (collectively, the “patpat Marks”).

You expressly warrant not to deface, alter, modify or change the form or colour of the patpat Marks or any other design or material whether provided to you by patpat or otherwise in any manner, or permit or stand in complacence with any 3rd party to engage in the same.

You acknowledge that patpat is the owner and licensor of the patpat Marks, including all goodwill associated therewith, and that your use of the patpatMall logo (or any patpat Marks) will confer no interest in or ownership of the patpat Marks in You but rather inures to the benefit of patpat.

Neither this Agreement nor your use of the patpatMall Platform or such data conveys or grants to You any rights:

a) in or related to the patpatMall Platform or any such related data, except for the limited license granted above and as permitted herein; or

b) to use, register, claim ownership to, or reference in any manner any of the intellectual property of patpat including but not limited to patpat’s name, logos, product and service names, trademarks, service marks or other indicia of ownership, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name, except as permitted under the terms and conditions of this contract.

12. INDEMNIFICATION

You shall indemnify, defend (at patpat’s option) and hold harmless patpat, its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, and taxes arising out of or related to a) Your breach of representations, warranties, or obligations under this Agreement or any applicable law; or b) a claim by a third party relating to and/or arising from this Agreement which results from Your breach of representations, warranties, or obligations under this Agreement or any applicable law.

13. LIMITATION OF LIABILITY

patpat shall not be liable in any way or manner, under or related to this Agreement for any of the following, whether based on contract, delict or any other legal theory, even if a party has been advised of the possibility of such damages:

(a) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or

(b) Your’s or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage including but not limited to, liability for non-payment for Goods/Services, non-delivery of goods, non-performance of services, and any deficiency in the quality of Goods/Services.

You acknowledge and agree that any and all claims You have or purport to have against patpat should be notified to patpat within one (1) year after the event(s) that gave rise to such claim and that You forfeit all rights in respect of that claim if You fail to do so. Nothing in this Section purports to limit or exclude liability that cannot be limited or excluded by applicable law.

14. TERMINATION

This Agreement shall commence on the date that the Agreement is executed by You and shall be valid and continue for an indefinite period of time until any and all obligations by any party involved in a transaction are completed or until this Agreement is terminated by patpat in the manner provided for under this Agreement. patpat may terminate this agreement in the following circumstances; patpat may terminate this Agreement:

• (a) immediately, without notice, for your material breach of this Agreement; or
• (b) immediately, without notice, in the event of the insolvency or bankruptcy of You, or upon you filing or submission of request for suspension of payment (or similar action or event) against Us, or
• (c) immediately, without notice, upon an act, omission, or threat, which may give rise to a suspicion that

You have or may engage in conduct that is illegal and/or unlawful and/or may amount to an offense under and in terms of applicable law.

Such termination by patpat will be in addition to and without prejudice to all rights and legal remedies available to patpat in law.

Notwithstanding any prior notice of termination, You shall complete any pending payments, and failure to complete any such service request shall be subject to applicable legal action.

15. GENERAL

Modification

patpat reserves the right to modify the terms and conditions of this Agreement from time to time at the sole and absolute discretion of patpat, and such modification shall be binding on You only upon your acceptance of the modified Agreement published, as applicable, on the patpatMall Platform. patpat reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time, and such modifications shall become effective upon notice to You. Continued use of the patpatMall Platform after any such modifications or updates shall constitute your consent to such changes.

Addendums

Addendums may apply to Your use of the patpatMall Platform, such as user policies or terms related to certain features and functionality, which may be modified from time to time. You may be presented with certain Addendums from time to time. Addendums are in addition to, and shall be deemed a part of, this Agreement. Addendums shall prevail over this Agreement in the event of a conflict.

Severability

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.

Entire Agreement

This Agreement, including all Addendums, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

In this Agreement, the words “including” and “include” mean “including, but not limited to.”

Assignment

You may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of patpat. patpat may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement from time to time without consent.

Referral Program

patpat’s referral program may provide You with incentives to refer your friends and family to become new Users of the patpatMall Platform (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

No Third-Party Beneficiaries

The parties acknowledge that there are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.

Communications

By entering into this Agreement or using the patpatMall Platform, You agree to receive communications from Us or communications related to the patpatMall Platform at any of the phone numbers or email provided to patpatMall by You or on Your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from patpat and/or its affiliated companies, may include but are not limited to operational communications concerning your User Account or use of the patpatMall Platform or services for supply of Goods, updates concerning new and existing features on the patpatMall Platform, communications concerning marketing or promotions run by Us or our third-party partners, and news concerning patpat and industry developments. If You change or deactivate the phone number You provided to patpat, You agree to update Your account information to help prevent us from inadvertently communicating with anyone who acquires Your old number. Standard text messaging charges applied by Your cell phone carrier may apply to text messages we send.

User Information

Please review Our Privacy Policy which is deemed to be a part and parcel of this Agreement to which you agree and by which you are bound in order to better understand our commitment to maintaining Your privacy, as well as our use and disclosure of Your personal information. We may share Your personal information with service providers with whom We contract to assist Us with your User Account and/or patpatMall Services, but We will not share Your personal information with third parties for their own purposes without Your consent.

We may communicate with You about patpatMall Platform through digital channels as described in the Notice and Communication section of this Agreement. You will be considered to have received a communication from Us, if it’s delivered through digital channel or mobile phone number, immediately after the time We post it to our website or email it to You or send a text message to You. Unless You’re communicating with Us about a matter where we’ve specified another notice mechanism, written notices must be sent by postal mail to: No.24, 1/1, Sir Earnest De Silva Mawatha, Colombo 3. You understand and agree that, to the extent permitted by law,

We may, without further notice or warning, monitor or record telephone conversations You or anyone acting on Your behalf has with Us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while Your communications with Us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Us, and We do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Use of personal information. By submitting or providing Us access to personal information, You consent to and agree that patpat, its affiliates, and subsidiaries, may process the personal information among other things, for the purposes of (i) providing products and services to You, (ii) maintaining, supporting, evaluating, improving and/or developing our products and services and developing new products and services, (iii) enforcing our rights under the Agreement, and (iv) for any purpose permitted with the user’s consent and solely with respect to their own personal information.

We may use and store information about Your location (location data) to provide features of our service, to improve and customize our service.

16. FORCE MAJURE

patpat shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of god; acts of terrorism; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes, riots, or acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. All service dates under this Agreement affected by force majeure shall be stalled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

17. DISPUTE RESOLUTION

This Agreement shall in all respects be governed by and construed exclusively in accordance with the laws of the Democratic Socialist Republic of Sri Lanka and the parties submit to the exclusive jurisdiction of the District

Court of Colombo or the appropriate Small Claims Court in Colombo established under the Act, No. 33 of 2022 or in the High Court of the Western Province Holden in Colombo established under Act No 10 of 1996 as applicable in relation to all matters pertaining to or arising out of this Agreement. In the event this document is translated into any other languages, the English version shall be authoritative.

The parties irrevocably agree that the District Court of Colombo or the appropriate Small Claims Court in Colombo established under the Act, No. 33 of 2022 or in the High Court of the Western Province Holden in Colombo established under Act No 10 of 1996 as applicable shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy, or claim (including any non-contractual dispute, controversy or claim) arising out of or in connection with this agreement, including any question regarding its existence, validity, formation or termination

Where You have a complaint or other grievance, You are required to inform patpat within 07 days of the act or omission that caused such grievance. patpat shall then in good faith and without liability or responsibility shall endeavour to assist the user in finding a solution. This may include connecting two or more parties for clarification of an order; providing patpat Credits; a full or part refund of the monies paid or other means of assistance that patpat decides suitable.

For the avoidance doubt, providing credits, full or part refund of monies paid, or any other means of assistance does not make patpat party to the distinct and separate agreements/contracts between the Users, but is rather an enforcement of the rules of the platform which You as a Userhave agreed to above.

18. ACCEPTANCE

By clicking “I accept” or by the use and/or continued use of patpatMall Platform, You expressly acknowledge that You have read, understood, consented, and taken steps to thoughtfully consider the consequences of this Agreement, and that You agree to be bound by the terms and conditions of this Agreement, and that You are legally competent to enter into this Agreement with patpat.